Bill Summary for H 400 (2021-2022)

Summary date: 

Mar 24 2021
S.L. 2021-187

Bill Information:

View NCGA Bill Details2021
House Bill 400 (Local) Filed Wednesday, March 24, 2021
AN ACT TO CHANGE THE ASHEVILLE CITY BOARD OF EDUCATION FROM AN APPOINTED BOARD OF EDUCATION TO A BOARD OF EDUCATION WITH ELECTED MEMBERS AND TO INCREASE THE MEMBERSHIP OF THE ASHEVILLE CITY BOARD OF EDUCATION FROM FIVE MEMBERS TO SEVEN MEMBERS.
Intro. by Fisher, Turner, Ager.

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Bill summary

Requires that the Asheville City Board of Education (Board), beginning in 2022, be composed of seven members, with four of those members elected using the nonpartisan primary and election method, and with three of the members appointed by Asheville's governing body.

Requires, beginning in 2022, that four members of the Board be elected using the nonpartisan primary and election method, with the primary held on the date provided by statute for county partisan primaries. Sets out provisions for conducting the election, for filing notice of candidacy, and printing candidate names on ballots without reference to any party affiliation. Specifies that any qualified voter residing in the Asheville City Administrative Unit will be eligible to vote in the general election for all candidates. Provides that members take office at the first regular Board meeting in June following their election, upon which the terms of their predecessors expire. Provides for filling vacancies.

Sets out the following requirements for the 2022 election in order to set up staggered terms: (1) the two members receiving the highest number of votes are to serve four-year terms, and those seats will be up for election in 2026 and every four years thereafter and (2) the two members receiving the next highest number of votes are to serve two-year terms, with those seats up for election in 2024 and every four years thereafter. Specifies that successors to members elected in 2022 serve four-year terms.

Requires, beginning in 2022, that the governing body of the City of Asheville appoint three members to the Board, with terms beginning at the first regular meeting of the Board in June. Requires the appointed members to be residents of the City and be known to be in favor of public education and interested in the welfare of the schools, to be appointed with the sole object in view of maintaining the efficiency of the schools and without any partisan prejudice or bias. Provides for filling vacancies. Sets out the following requirements for the appointments in 2022 in order to create staggered terms: (1) two members are to be appointed to serve four-year terms, and those seats will up for reappointment in 2026 and every four years thereafter and (2) one member is to be appointed to serve a two-year term, with the seat up for reappointment in 2024 and every four years thereafter. Specifies that successors serve four-year terms.

Provides that terms of members appointed to the Board who are serving their terms in 2022 expire upon the qualification of members elected and appointed to the Board in accordance with this act.

Provides for the election of a chair, establishing a quorum, and compensation of Board members.

Repeals SL 1947-255, as amended, concerning the Board.

Applies to elections conducted and appointments made on or after the date that this act becomes law. 

© 2021 School of Government The University of North Carolina at Chapel Hill

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