North Carolina HB 202: Supt. Public Instruction Member of SBE.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
H 1
HOUSE BILL 202

Short Title: Supt. Public Instruction Member of SBE. (Public)
Sponsors: Representatives Holloway, Elmore, Cotham, and Glazier (Primary Sponsors).
For a complete list of Sponsors, refer to the North Carolina General Assembly Web Site.
Referred to: Education - K-12.
March 11, 2015
*H202-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO MAKE THE SUPERINTENDENT OF PUBLIC INSTRUCTION A MEMBER 2
OF THE STATE BOARD OF EDUCATION AND TO MAKE CONFORMING 3
CHANGES TO THE GENERAL STATUTES. 4
The General Assembly of North Carolina enacts: 5
SECTION 1. Section 4 of Article IX of the North Carolina Constitution reads as 6
rewritten: 7
"Sec. 4. State Board of Education. 8
(1) Board. The State Board of Education shall consist of the Superintendent of Public 9
Instruction, the Lieutenant Governor, the Treasurer, and eleven10 members appointed by the 10
Governor, subject to confirmation by the General Assembly in joint session. The General 11
Assembly shall divide the State into eight educational districts. Of the appointive members of 12
the Board, one shall be appointed from each of the eight educational districts and threetwo shall 13
be appointed from the State at large. Appointments shall be for overlapping terms of eight 14
years. Appointments to fill vacancies shall be made by the Governor for the unexpired terms 15
and shall not be subject to confirmation. 16
(2) Superintendent of Public Instruction. The Superintendent of Public Instruction shall 17
be the secretary and chief administrative officer of the State Board of Education." 18
SECTION 2. G.S. 115C-10 reads as rewritten: 19
"§ 115C-10. Appointment of Board. 20
The State Board of Education shall consist of the Superintendent of Public Instruction, the 21
Lieutenant Governor, the State Treasurer, and 1110 members appointed by the Governor, 22
subject to confirmation by the General Assembly in joint session. Not more than two public 23
school employees paid from State or local funds may serve as appointive members of the State 24
Board of Education. No spouse of any public school employee paid from State or local funds 25
and no spouse of any employee of the Department of Public Instruction may serve as an 26
appointive member of the State Board of Education. Of the appointive members of the State 27
Board of Education, one shall be appointed from each of the eight educational districts and 28
threetwo shall be appointed as members at large. Appointments shall be for terms of eight years 29
and shall be made in four classes. Appointments to fill vacancies shall be made by the 30
Governor for the unexpired terms and shall not be subject to confirmation. 31
The Governor shall transmit to the presiding officers of the Senate and the House of 32
Representatives, on or before the sixtieth legislative day of the General Assembly, the names of 33
the persons appointed by the Governor and submitted to the General Assembly for 34
confirmation; thereafter, pursuant to joint resolution, the Senate and the House of 35

General Assembly of North Carolina Session 2015
Page 2 H202 [Edition 1]
Representatives shall meet in joint session for consideration of an action upon such 1
appointments." 2
SECTION 3.(a) G.S. 7B-1402(b) reads as rewritten: 3
"(b) The Task Force shall be composed of 35 members, 11 of whom shall be ex officio 4
members, four of whom shall be appointed by the Governor, 10 of whom shall be appointed by 5
the Speaker of the House of Representatives, and 10 of whom shall be appointed by the 6
President Pro Tempore of the Senate. The ex officio members other than the Chief Medical 7
Examiner shall be nonvoting members and may designate representatives from their particular 8
departments, divisions, or offices to represent them on the Task Force. The members shall be as 9
follows: 10
(1) The Chief Medical Examiner; 11
(2) The Attorney General; 12
(3) The Director of the Division of Social Services; 13
(4) The Director of the State Bureau of Investigation; 14
(5) The Director of the Division of Maternal and Child Health of the 15
Department of Health and Human Services; 16
(6) The Director of the Governor's Youth Advocacy and Involvement Office; 17
(7) The Superintendent of Public Instruction; 18
(8) The ChairmanChair, or Vice-Chair if the Superintendent of Public 19
Instruction is the Chair, of the State Board of Education; 20
(9) The Director of the Division of Mental Health, Developmental Disabilities, 21
and Substance Abuse Services; 22
(10) The Secretary of the Department of Health and Human Services; 23
(11) The Director of the Administrative Office of the Courts; 24
(12) A director of a county department of social services, appointed by the 25
Governor upon recommendation of the President of the North Carolina 26
Association of County Directors of Social Services; 27
(13) A representative from a Sudden Infant Death Syndrome counseling and 28
education program, appointed by the Governor upon recommendatio