Bill Summary for H 823 (2011-2012)

Summary date: 

Apr 8 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 823 (Public) Filed Wednesday, April 6, 2011
TO AMEND THE NORTH CAROLINA CONSTITUTION TO MAKE THE SUPERINTENDENT OF PUBLIC INSTRUCTION THE HEAD OF THE DEPARTMENT OF PUBLIC INSTRUCTION, TO MAKE THE STATE BOARD OF EDUCATION AN ADVISORY BODY, TO MODIFY THE MEMBERSHIP OF THE STATE BOARD OF EDUCATION, AND TO MAKE CONFORMING CHANGES TO THE GENERAL STATUTES.
Intro. by Holloway.

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Bill summary

Amendments to the Constitution. Subject to approval by the voters at the November 6, 2012 statewide election, amends Section 4 and Section 5 of Article IX of the North Carolina Constitution to (1) make the Superintendent of Public Instruction (Superintendent) the head of the Department of Public Instruction (DPI), (2) to make the State Board of Education (SBE) an advisory body, and (3) to modify the membership of the SBE to include the Lieutenant Governor, the Treasurer, Superintendent and three appointees by the Governor, four appointees by the Speaker of the House of Representatives, and four appointees by the President Pro Tempore of the Senate. Provides that if a majority of votes are cast in favor of these proposed constitutional amendments that the amendments become effective January 1, 2013. Under current law, the SBE is the head of DPI, the SBE is a decision making body with regards to public education, and the Governor appoints eleven members of the SBE, the additional members are the Lieutenant Governor and the Treasurer. Currently, the Superintendent serves as the secretary and chief administrative officer of the SBE.
Conforming changes to the statutes. Amends GS 143A-44.2 to provide that all the duties, powers, rights, and obligations of the SBE are transferred to the Superintendent and that wherever the SBE is referred to by law, contract, or other document, that reference applies to the Superintendent. Amends GS 143A-44.3 to provide that the SBE as provided for by Article IX, Section 4 of the Constitution, as amended in this act, is located in the Department of Public Instruction. Also provides that the SBE is to serve in an advisory capacity to the Superintendent on the supervision and administration of the free public school system and educational funds provided for its support. Makes conforming changes to multiple Chapters of the General Statutes to reflect the proposed constitutional change in the powers, duties, and responsibilities of the Superintendent and the SBE, transferring the powers, duties, and responsibilities vested in the SBE to the Superintendent and identifying the Superintendent as the appropriate decision making authority with regards to the supervision and administration of the free public school system in this state and the educational funds provided for its support. Provides that these changes become effective only if the qualified voters approve the constitutional amendments set out in this act. Provides that if the voters approve the constitutional amendments, the conforming changes become effective January 1, 2013.

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