House committee substitute to the 2nd deletes the following content from the bill.
Deletes proposed changes to GS 115C-407.55 that amended the appeals rules that the State Board of Education must adopt governing high school interscholastic athletic activities conducted by public school units, to also require that the rule provide for a process to appeal the independent appeals board's decision on application of eligibility rules to the Superintendent of Public Instruction, who must make a final decision in the appeal. Deletes the provision requiring from January 1, 2023, through June 30, 2024, that the Superintendent of Public Instruction be allowed to make final decisions in any appeal of an eligibility rule determination made by the independent appeals board, beginning with final decisions of the board made on or after January 1, 2023, according to the specified provisions. Deletes the requirement that the State Board of Education adopt related rules.
Makes conforming changes to the act's long title.
Bill Summaries: S 52 OPEN MEETINGS/ADMINISTERING ORGANIZATIONS.
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Bill S 52 (2023-2024)Summary date: Mar 14 2023 - View Summary
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Bill S 52 (2023-2024)Summary date: Mar 7 2023 - View Summary
Senate amendment to the 1st edition adds the following content.
Amends GS 115C-407.55 by amending the appeals rules that the State Board of Education must adopt governing high school interscholastic athletic activities conducted by public school units, to also require that the rule provide for a process to appeal the independent appeals board's decision on application of eligibility rules to the Superintendent of Public Instruction, who must make a final decision in the appeal. Applies beginning with the 2024-25 school year. Requires the Board to adopt rules to implement this section consistent with Section 1.2 below.
Adds new Section 1.2 to the act, requiring, from January 1, 2023, through June 30, 2024, that the Superintendent of Public Instruction be allowed to make final decisions in any appeal of an eligibility rule determination made by the independent appeals board, beginning with final decisions of the board made on or after January 1, 2023, as follows: (1) appeals may be made to the Superintendent by any party affected by the ruling, including the student and their parent; (2) appeals must be in a form specified by the Superintendent and must state with specificity the grounds for requesting review; (3) the Superintendent must accept appeals for review in his/her discretion; (4) the Superintendent must review the record in each appeal, and may allow the parties to the appeal the opportunity to present additional evidence; and (5) the Superintendent's decision is the final decision on that appeal. Applies to final decisions made by the independent appeals board between January 1, 2023, and June 30, 2024.
Makes conforming changes to the act and to the act's long title.
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Bill S 52 (2023-2024)Summary date: Feb 1 2023 - View Summary
Amends GS 115C-407.60, which authorizes the State Board of Education (State Board) to enter into a memorandum of understanding with one or more nonprofit organizations to administer and enforce the requirements of Article 29E relating to high school interscholastic athletic activities. Adds a new subsection deeming such an administering organization a public body for purposes of state open meetings laws held in Article 33, GS Chapter 143. Makes conforming changes to GS 143-318.10 to include administering organizations within the definition of a public body under Article 33, GS Chapter 143. Includes a statutory cross reference to the definition given for administering organization in Article 29E, GS Chapter 115C.