North Carolina State Board of Education v. State

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At issue was whether legislation amending portions of certain provisions of the North Carolina General Statutes, including Chapter 115C, violates N.C. Const. art. IX, 5. In 2016, the General Assembly enacted House Bill 17, which amended numerous provisions of Chapter 115C, eliminated certain aspects of the North Carolina State Board of Education’s (Board) oversight of a number of the powers and duties of the Superintendent of Public Instruction (Superintendent), and assigned several powers and duties that had formerly belonged to the Board to the Superintendent. The Governor subsequently signed into law House Bill 17, which became Session Law 2016-126. The Board filed a complaint seeking a declaratory judgment that certain provisions of Session Law 2016-126 are unconstitutional. A three-judge panel of the superior court concluded that statutory changes worked by Session Law 2016-126 did not contravene the relevant provisions of the North Carolina Constitution. The Supreme Court affirmed, holding the the enactment of Session Law 2016-126 does not, on its face, contravene N.C. Const. art. IX, 5. View "North Carolina State Board of Education v. State" on Justia Law