GENERAL ASSEMBLY OF NORTH CAROLINA

1983 SESSION

 

 

CHAPTER 860

HOUSE BILL 1307

 

AN ACT TO CREATE THE PUBLIC EDUCATION POLICY COUNCIL.

 

Whereas, Chapter 1392 of the 1981 Session Laws, Regular Session 1982, created the Select Committee to Study the Department of Public Education; and

Whereas, the Select Committee held a series of public hearings and conducted an intensive investigation of a number of issues relating to public education; and

Whereas, legislation introduced during the 1983 Session of the General Assembly generated much interest among legislators, educational leaders and other interested citizens; and

Whereas, between seventy-five percent (75%) and eighty percent (80%) of the State's General Fund Tax Revenues are spent in support of education at all levels and through various agencies in North Carolina; and

Whereas, the Declaration of Rights in the Constitution of North Carolina guarantees the people the "right to the privilege of education" and makes it the "duty of the State to guard and maintain that right"; and

Whereas, the Constitution of North Carolina mandates that the General Assembly "provide...for a general and uniform system of free public schools"; and

Whereas, the General Assembly feels it is necessary to continue to study the fiscal and operational functions of the Department of Public Education so as to guarantee the fundamental right of the people to the privilege of education and to provide for a general and uniform system of free public schools; and

Whereas, there is a need to provide for broad-based participation in this process by educational leaders throughout the State and those who represent the many segments of the educational community; Now, therefore,

 

The General Assembly of North Carolina enacts:

 

Section 1. There is hereby created the Public Education Policy Council, to consist of 47 members, chosen as follows:

(1)       10 members of the Senate, appointed by the President Pro Tempore of the Senate, one of whom shall serve as cochairman;

(2)       10 members of the House of Representatives, appointed by the Speaker of the House, one of whom shall serve as cochairman;

(3)       11 members appointed by the Governor, one from each of the State's congressional districts;

(4)       the Lieutenant Governor or his designee;

(5)       the State Treasurer or his designee;

(6)       the Superintendent of Public Instruction or his designee;

(7)       the chairman of the State Board of Education or his designee;

(8)       the chairman of the Board of Governors of The University of North Carolina or his designee;

(9)       the chairman of the Board of Community Colleges or his designee;

(10)     one member representing and appointed by the governing boards of each of the following organizations:

a.         the North Carolina Association of County Commissioners,

b.         the North Carolina School Boards Association,

c.         the North Carolina Association of Educators,

d.         the North Carolina Federation of Teachers,

e.         the North Carolina Association of School Administrators,

f.          the North Carolina Principals/Assistant Principals Association,

g.         the North Carolina Congress of Parents and Teachers,

h.         the North Carolina Association of Educational Office Personnel,

i.          the North Carolina Advisory Council on Education, and

j.          the North Carolina Association of Classroom Teachers.

The organizations and individuals listed above shall transmit the name and address of each designee or appointee to the Legislative Services Officer within 60 days after the adjournment of the 1983 General Assembly.

Sec. 2. Members of the Council shall be reimbursed for travel and subsistence expenses at the rates set out in G.S. 120-3.1. All expenses of the Council shall be paid from funds appropriated to the General Assembly. The Legislative Services Officer shall provide staff to the Council.

Sec. 3. The Council shall study the fiscal and operational functions of the Department of Public Education and the responsibilities of the several State and local agencies and units of the government that share responsibility for the system of public schools. The study shall include public school laws as well as policies, procedures, philosophy and educational programs of the Department of Public Education and their application.

Sec. 4. The Council shall provide a preliminary report to the 1983 General Assembly, Regular Session 1984 and a final report to the 1985 General Assembly, to be submitted by December 1, 1984. At that time, the Council shall cease to exist. The reports shall include recommendations on providing better educational opportunities to the citizens of the State in a more cost-effective manner. The reports may include proposed legislation, including proposed constitutional amendments and statutory changes as the Council recommends.

Sec. 5.  This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 20th day of July, 1983.