GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2007
SESSION LAW 2007-498
HOUSE BILL 349
AN ACT to repeal the law allowing the state board of education to remove local school board members.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 115C-39 reads as rewritten:
"§ 115C-39.
Removal of board members; suspension Suspension of duties by
State Board.
(a) In case the
State Board of Education has sufficient evidence that any member of a local
board of education is not capable of discharging, or is not discharging, the
duties of his office as required by law, or is guilty of immoral or
disreputable conduct, the State Board of Education shall notify the chairman of
such board of education, unless such chairman is the offending member, in which
case all other members of such board shall be notified. Upon receipt of such
notice there shall be a meeting of said board of education for the purpose of
investigating the charges, and if the charges are found to be true, such board
shall declare the office vacant: Provided, that the offending member shall be
given proper notice of the hearing and that record of the findings of the other
members shall be recorded in the minutes of such board of education.
(b) In the event the State Board of Education has appointed an interim superintendent under G.S. 115C-105.39 and the State Board determines that the local board of education has failed to cooperate with the interim superintendent, the State Board shall have the authority to suspend any of the powers and duties of the local board and to act on its behalf under G.S. 115C-105.39."
SECTION 2. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 25th day of July, 2007.
s/ Beverly E. Perdue
President of the Senate
s/ Joe Hackney
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 12:49 p.m. this 30th day of August, 2007