GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
H	2
HOUSE BILL 106
 Committee Substitute Favorable 4/17/01

Short Title:	Clarify Appeals to Local School Boards.	()	
Sponsors:	     	
Referred to:	     	
February 14, 2001

A BILL TO BE ENTITLED
AN ACT TO CLARIFY THE RIGHT TO APPEAL TO A LOCAL BOARD OF EDUCATION.

The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 115C‑45(c) reads as rewritten:
"(c)	Appeals to Board of Education and to Superior Court. – An appeal shall lie to the local board of education from  any final administrative decision  in the following matters:
(1)	The discipline of a student under G.S. 115C-391(c), (d), (d1), (d2), or (d3).
(2)	An alleged violation of a specified federal law, State law, State Board of Education policy, State rule, or local board policy, including any policy regarding grade retention of students.
(3)	The terms or conditions of employment or employment status of a school employee.
(4)	Any other decision that by statute specifically provides for a right of appeal to the local board of education and for which there is no other statutory appeal procedure.
(5)	Any other matter in which the local board of education, in its discretion, chooses to grant a hearing.
In all  appeals to the board it  is the duty of the board of education to see that a proper notice is given to all parties concerned and that a record of the hearing is properly entered in the records of the board conducting the hearing.
The board of education may designate hearing panels composed of not less than two members of the board to hear and act upon such appeals in the name and on behalf of the board of education.
 An appeal of right brought before a local board of education under subdivision (1), (2), (3), or (4) of this subsection may be further appealed to the superior court of the State on the grounds that the local board's decision is in violation of constitutional provisions, is in excess of the statutory authority or jurisdiction of the board, is made upon unlawful procedure, is affected by other error of law, is unsupported by substantial evidence in view of the entire record as submitted, or is arbitrary or capricious."
SECTION 2.  G.S. 115C‑305 is repealed.
SECTION 3.  This act becomes effective July 1, 2001, and applies to final administrative or school board decisions on or after that date.