FILED SENATE
Apr 6, 2023
GENERAL ASSEMBLY OF NORTH CAROLINA
S.B. 692
SESSION 2023 PRINCIPAL CLERK
S D
SENATE BILL DRS45296-BN-3A
Short Title: Community College Governance. (Public)
Sponsors: Senators Galey, Johnson, and McInnis (Primary Sponsors).
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO CLARIFY THE AUTHORITY OF THE PRESIDENT OF THE COMMUNITY
3 COLLEGES SYSTEM, TO MAKE CHANGES TO THE APPOINTMENTS TO THE
4 STATE BOARD OF COMMUNITY COLLEGES AND LOCAL BOARDS OF
5 TRUSTEES, AND TO MAKE TECHNICAL CHANGES TO STATUTES GOVERNING
6 COMMUNITY COLLEGES.
7 The General Assembly of North Carolina enacts:
8
9 PART I. CLARIFYING THE AUTHORITY OF THE PRESIDENT
10 SECTION 1.(a) Chapter 115D of the General Statutes reads as rewritten:
11 "Chapter 115D.
12 "Community Colleges.
13 "Article 1.
14 "General Provisions for State Administration.
15 "§ 115D-1. Statement of purpose.
16 (a) The purposes of this Chapter are to provide for the establishment, organization, and
17 administration of a system of educational institutions throughout the State offering courses of
18 instruction in one or more of the general areas of two-year college parallel, technical, vocational,
19 and adult education programs, to serve as a legislative charter for such institutions, and to
20 authorize the levying of local taxes and the issuing of local bonds for the support thereof. The
21 major purpose of each and every institution operating under the provisions of this Chapter shall
22 be and shall continue to be the offering of vocational and technical education and training, and
23 of basic, high school level, academic education needed in order to profit from vocational and
24 technical education, for students who are high school graduates or who are beyond the
25 compulsory age limit of the public school system and who have left the public schools, provided,
26 juveniles of any age committed to the Division of Juvenile Justice of the Department of Public
27 Safety by a court of competent jurisdiction may, if approved by the director of the youth
28 development center to which they are assigned, take courses offered by institutions of the system
29 if they are otherwise qualified for admission.
30 (b) The President of the North Carolina Community Colleges System shall be the chief
31 administrative officer and have executive authority over the Community Colleges System Office.
32 The Community Colleges System Office is designated as the primary lead agency for delivering
33 workforce development training, adult literacy training, and adult education programs in the
34 State.
35 …
36 "§ 115D-2. Definitions.
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 General Assembly Of North Carolina Session 2023
1 As used in this Chapter:
2 (1) The "administrative area" of an institution comprises the county or counties
3 directly responsible for the local financial support and local administration of
4 such institution as provided in this Chapter.
5 (2) The term "community college" is defined as an educational institution
6 operating under the provisions of this Chapter and dedicated primarily to the
7 educational needs of the service area which it serves, and may offer the
8 following:
9 a. The freshmen and sophomore courses of a college of arts and sciences,
10 authorized by G.S. 115D-4.1;G.S. 115D-4.1.
11 b. Organized credit curricula for the training of technicians; curricular
12 courses may carry transfer credit to a senior college or university
13 where the course is comparable in content and quality and is
14 appropriate to a chosen course of study;study.
15 c. Vocational, trade, and technical specialty courses and programs,
16 andprograms.
17 d. Courses in general adult education.
18 (3) The term "institution" refers to any institution established pursuant to this
19 Chapter.
20 (3a) The term "President" refers to the President of the North Carolina Community
21 Colleges System.
22 (4) The term "regional institution" means an institution whose service area as
23 assigned by the State Board of Community Colleges includes three or more
24 counties; provided, however, any institution receiving funds as a regional
25 institution on May 1, 1987, shall continue to receive funds on that basis.
26 (5) The term "State Board" refers to the State Board of Community Colleges.
27 (6) The "tax-levying authority" of an institution is the board of commissioners of
28 the county or all of the boards of commissioners of the counties, jointly, which
29 constitute the administrative area of the institution.
30 (7) Repealed by Session Laws 1987, c. 564, s. 1.
31 (8) "Vending facilities" has the same meaning as it does in G.S. 111-42(d), but
32 also means any mechanical or electronic device dispensing items or something
33 of value or entertainment or services for a fee, regardless of the method of
34 activation, and regardless of the means of payment, whether by coin, currency,
35 tokens, or other means.
36 …
37 "§ 115D-3. President; Community Colleges System Office; staff; reorganization
38 authority.Office.
39 (a) The Community Colleges System Office shall be a principal administrative
40 department of State government under the direction of the State Board of Community Colleges,
41 President and shall be separate from the free public school system of the State, the State Board
42 of Education, and the Department of Public Instruction. The State Board has authority to adopt
43 and the President has the authority to administer all policies, regulations, and standards which it
44 deems necessary for the operation of the System Office.
45 (a1) The Subject to confirmation by the General Assembly in accordance with
46 G.S. 115D-3.1, the State Board shall elect a President of the North Carolina System of
47 Community Colleges System who shall serve as chief administrative officer of the Community
48 Colleges System Office. The State Board shall use the following process to elect a President:
49 (1) At least three final candidates shall be submitted to the full State Board from
50 which the full State Board shall make its election.
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1 (2) The State Board shall conduct a vote on the election of the President, and the
2 candidate who receives a majority of votes of the entire State Board shall be
3 elected President.
4 (a2) The compensation of this position the President shall be fixed by the State Board from
5 funds provided by the General Assembly in the Current Operations Appropriations Act.
6 (a3) The President shall be assisted by such professional staff members as may be deemed
7 necessary to carry out the provisions of this Chapter, who shall be elected by the State Board on
8 nomination of the President. The compensation of the staff members elected by the Board shall
9 be fixed by the State Board of Community Colleges, upon recommendation of the President of
10 the Community College System, from funds provided in the Current Operations Appropriations
11 Act. These staff members shall include such officers as may be deemed desirable by the President
12 and State Board. Provision shall be made for persons of high competence and strong professional
13 experience in such areas as academic affairs, public service programs, business and financial
14 affairs, institutional studies and long-range planning, student affairs, research, legal affairs,
15 health affairs and institutional development, and for State and federal programs administered by
16 the State Board. In addition, the President shall be assisted by such other employees as may be
17 needed to carry out the provisions of this Chapter, who shall be subject to the provisions of
18 Chapter 126 of the General Statutes. The staff complement shall be established by the State Board
19 on recommendation of the President to insure that there are persons on the staff who have the
20 professional competence and experience to carry out the duties assigned and to insure that there
21 are persons on the staff who are familiar with the problems and capabilities of all of the principal
22 types of institutions represented in the system. The State Board of Community Colleges shall
23 have all other powers, duties, and responsibilities delegated to the State Board of Education
24 affecting the Community Colleges System Office not otherwise stated in this Chapter.
25 (b) Notwithstanding any other provision of law, the President may reorganize the System
26 Office in accordance with recommendations and plans submitted to and approved by the State
27 Board of Community Colleges. If a reorganization is implemented pursuant to this subsection,
28 including any movement of positions and funds between fund codes on a recurring basis, the
29 President shall report by June 30 of the fiscal year in which the reorganization occurred to the
30 Joint Legislative Education Oversight Committee and the Fiscal Research Division of the
31 General Assembly.
32 (c) The President shall receive General Fund appropriations made by the General
33 Assembly for continuing operations of the North Carolina System of Community Colleges that
34 are administered by the President and the President's staff complement established pursuant to
35 subsection (a3) of this section in the form of a single sum to Budget Code 16800, Fund Code
36 1100 of the North Carolina System of Community Colleges. Notwithstanding G.S. 143C-6-4 and
37 G.S. 120-76(8), the President may expend these General Fund monies in the manner deemed to
38 be calculated to maintain and advance the programs and services of the Community College
39 System Office, consistent with the directives and policies of the State Board.
40 (d) The President, with the approval of the State Board, may appoint advisory committees
41 as are deemed necessary or desirable.
42 (e) The President is encouraged to meet with the Superintendent of Public Instruction and
43 the President of The University of North Carolina at least once a year to discuss educational
44 matters of mutual interest and to recommend to the respective Boards policies to encourage the
45 improvement of public education at every level in the State.
46 (f) Any report established pursuant to this Chapter or any other law enacted by the
47 General Assembly required to be submitted by the Community College System Office shall be
48 approved by the President. Any report approved by the President shall not be subject to the
49 approval of the State Board.
50 "§ 115D-3.1. General Assembly confirmation of the President.
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1 (a) The State Board shall submit the name of the person elected as President for
2 confirmation to the presiding officers of the Senate and the House of Representatives of the
3 General Assembly on or before the fifteenth day following the election. The General Assembly
4 shall adopt a joint resolution to either (i) confirm or (ii) deny confirmation, subject to the
5 following:
6 (1) The person elected by the State Board shall not serve as President but may
7 serve as interim-President until the General Assembly adopts a joint
8 resolution.
9 (2) If the General Assembly fails to adopt a joint resolution confirming the person
10 by the date that either chamber reaches the thirtieth legislative day following
11 the receipt of the name by the presiding officers, it shall be deemed that the
12 General Assembly has denied confirmation.
13 (b) A person denied confirmation shall not serve as President or interim-President.
14 …
15 "§ 115D-4.1. College transfer program approval; standards for programs; annual
16 reporting requirements.
17 (a) Repealed by Session Laws 1995, c. 288, s. 1, effective September 1, 1995.
18 (b) The State Board of Community Colleges may approve the addition of the college
19 transfer program to a community college. If addition of the college transfer program to an
20 institution would require a substantial increase in funds, State Board approval shall be subject to
21 appropriation of funds by the General Assembly for this purpose.
22 (c) Addition of the college transfer program shall not decrease an institution's ability to
23 provide programs within its basic mission of vocational and technical training and basic academic
24 education.
25 (d) The State Board of Community Colleges shall develop appropriate criteria and
26 standards to regulate the addition of the college transfer program to institutions.
27 (e) The State Board of Community Colleges shall develop appropriate criteria and
28 standards to regulate the operation of college transfer programs.
29 (f) The Board of Governors of The University of North Carolina shall report to each
30 community college and to the State Board of Community Colleges Community College System
31 Office in accordance with G.S. 116-11(10b) on the academic performance of that community
32 college's transfer students. If the State Board of Community Colleges finds that The President
33 shall review the reports and determine if college transfer students from a community college are
34 not consistently performing adequately at a four-year college, the Board college. The President
35 shall review the community college's program and determine what steps are necessary to remedy
36 the problem. The President shall report to the State Board on the reports received and the steps
37 recommended to remedy the problems. The State Board shall ensure that the community college
38 takes the steps recommended by the President to remedy the problems. The State Board shall
39 report annually to the General Assembly on the reports it receives received and on what the steps
40 it each college is taking to remedy problems that it finds.identified by the President.
41 …
42 "§ 115D-5. Administration of institutions by State Board of Community Colleges;
43 personnel exempt from North Carolina Human Resources Act; extension
44 courses; tuition waiver; in-plant training; contracting, etc., for establishment
45 and operation of extension units of the community college system; use of existing
46 public school facilities.
47 (a) The State Board of Community Colleges may adopt and the President shall execute
48 such policies, regulations and standards concerning the establishment, administration, and
49 operation of institutions as the State Board may deem necessary to insure the quality of
50 educational programs, to promote the systematic meeting of educational needs of the State, and
51 to provide for the equitable distribution of State and federal funds to the several institutions.
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1 The State Board of Community Colleges shall establish standards and scales for salaries and
2 allotments paid from funds administered by the State Board, and all employees of the institutions
3 shall be exempt from the provisions of the North Carolina Human Resources Act. Any and all
4 salary caps set by the State Board for community college presidents shall apply only to the
5 State-paid portion of the salary. Except as otherwise provided by law, the employer contribution
6 rate on the local-paid portion of the salary, to be paid from local funds, shall be set by the State
7 Treasurer based on actuarial recommendations. The State Board shall have authority with respect
8 to individual institutions: to approve sites, capital improvement projects, budgets; to approve the
9 selection of the chief administrative officer; officer upon recommendation of the President in
10 accordance with G.S. 115D-6.1; to establish and administer standards for professional personnel,
11 curricula, admissions, and graduation; to regulate the awarding of degrees, diplomas, and
12 certificates; to establish and regulate student tuition and fees within policies for tuition and fees
13 established by the General Assembly; and to establish and regulate financial accounting
14 procedures.
15 The State Board of