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  • Summary date: Apr 10 2019 - View Summary

    Amends GS 115C-11(i) to authorize the Superintendent of Public Instruction to provide legal services to the State Board of Education (State Board), through the Department of Public Instruction (Department), to support its operations as needed (previously, provided for specified attorney positions appointed by the State Board through the Department to support the State Board under subsection (j)). Makes conforming changes to eliminate the provisions of subsection (j). Makes conforming changes to GS 115C-13.5, concerning the prohibition against the use of State funds to employ private counsel in litigation, to provide for the exclusion from the provision for permanent budgeted positions in the Department, rather than the State Board. Makes conforming changes to GS 115C-21 concerning the duties of the Superintendent.

    Enacts GS 115C-23 to explicitly charge the Superintendent with the responsibility to establish a general counsel division within the Department to manage the entirety of legal affairs of the Department and to provide legal services, as needed, to support the operations of the State Board. 

    Repeals Section 7.18(b) of SL 2017-57, which authorizes the State Board to appoint eight specified personnel positions to support its meetings and direct operations, including two attorneys, a paralegal, an administrative assistant, a legislative specialist, a Director of the State Board Operations, a planning and development consultant, and a legislative and community affairs director, as specified. 

    Directs the Department to eliminate an attorney position and a legislative and community affairs director position. Directs the Department to use up to $115,000 of the $276,001 made available by the elimination of the positions to establish a full-time equivalent position for a Rules Coordinator. Provides that the Rules Coordinator is to be responsible for oversight of all the duties and responsibilities of the State Board and Department for administrative rule making and for meeting the requirements of the APA under GS Chapter 150B.