GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

SESSION LAW 2009-2

SENATE BILL 198

AN ACT to modify the restrictions on service on the state board of EDUCATION.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 115C-10 reads as rewritten:

"§ 115C-10.  Appointment of Board.

The State Board of Education shall consist of the Lieutenant Governor, the State Treasurer, and 11 members appointed by the Governor, subject to confirmation by the General Assembly in joint session. Not more than one two public school employee employees paid from State or local funds may serve as an appointive member members of the State Board of Education. No spouse of any public school employee paid from State or local funds and no employee of the Department of Public Instruction or his spouse, and no spouse of any employee of the Department of Public Instruction may serve as an appointive member of the State Board of Education. Of the appointive members of the State Board of Education, one shall be appointed from each of the eight educational districts and three shall be appointed as members at large. Appointments shall be for terms of eight years and shall be made in four classes. Appointments to fill vacancies shall be made by the Governor for the unexpired terms and shall not be subject to confirmation.

The Governor shall transmit to the presiding officers of the Senate and the House of Representatives, on or before the sixtieth legislative day of the General Assembly, the names of the persons appointed by him by the Governor and submitted to the General Assembly for confirmation; thereafter, pursuant to joint resolution, the Senate and the House of Representatives shall meet in joint session for consideration of an action upon such appointments."

SECTION 2.  G.S. 14-234 is amended by adding a new subsection to read:

"(d6) This section does not apply to employment contracts between the State Board of Education and its chief executive officer."

SECTION 3.  This act is effective when it becomes law.

In the General Assembly read three times and ratified this the 3^rd day of March, 2009.

                                                                    s/  Walter H. Dalton

                                                                         President of the Senate

                                                                    s/  Joe Hackney

                                                                         Speaker of the House of Representatives

                                                                    s/  Beverly E. Perdue

                                                                         Governor

Approved 10:45 a.m. this 4^th day of March, 2009