Elect SBE/Superintendent as SBE Chair.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 2
HOUSE BILL 144
Committee Substitute Favorable 5/19/26

Short Title: Elect SBE/Superintendent as SBE Chair. (Public)
Sponsors:
Referred to:
February 18, 2025
*H144-v-2*
A BILL TO BE ENTITLED 1
AN ACT TO AMEND THE CONSTITUTION OF NORT H CAROLINA TO ELECT 2
MEMBERS OF THE STATE BOARD OF EDUCATION, TO MAKE THE 3
SUPERINTENDENT OF PUBLIC INSTRUCTION THE CHAIR OF THE STATE BOARD 4
OF EDUCATION AS AN E X OFFICIO MEMBER, AN D TO REQUIRE THAT 5
VACANCY APPOINTMENTS BE FILLED AS PROVIDED BY LAW. 6
The General Assembly of North Carolina enacts: 7
SECTION 1.(a) Section 4 of Article IX of the Constitution of North Carolina reads 8
as rewritten: 9
"Sec. 4. State Board of Education. 10
(1) Board. The State Board of Education shall consist of the Lieutenant Governor, the 11
Treasurer, and eleven members appointed by the Governor, subject to confirmation by the 12
General Assembly in joint session. The General Assembly shall divide the State into ei ght 13
educational districts. Of the appointive members of the Board, one shall be appointed from each 14
of the eight educational districts and three shall be appointed from the State at large. 15
Appointments shall be for overlapping terms of eight years. Appointments to fill vacancies shall 16
be made by the Governor for the unexpired terms and shall not be subject to confirmation. the 17
Superintendent of Public Instruction, and a number of elected members equal to the membership 18
of the House of Representatives of the Congress of the United States apportioned to the State by 19
federal law. 20
(2) Superintendent of Public Instruction. The Superintendent of Public Instruction shall 21
be the secretary chair and chief administrative officer of the State Board of Education. 22
(3) Elected members. Elected members of the State Board of Education shall be elected 23
to overlapping four-year term s of office. Elected members shall be elected from districts 24
established by the General Assembly by the voters of each district in the manner prescribed by 25
law. Vacancies for elected members shall be filled for the remainder of the term of office in the 26
manner prescribed by law by the General Assembly." 27
SECTION 1.(b) Subsection (5) of Section 22 of Article II of the Constitution of 28
North Carolina reads as rewritten: 29
"(5) Other exceptions. Every bill: 30
(a) In which the General Assembly makes an appointment or appointments to 31
public office and which contains no other matter; 32
(b) Revising the senate districts and the apportionment of Senators among those 33
districts and containing no other matter; 34
(c) Revising the representative districts and the apportionment of Representatives 35
among those districts and containing no other matter; or 36
General Assembly Of North Carolina Session 2025
Page 2 House Bill 144-Second Edition
(d) Revising the districts for the election of members of the House of 1
Representatives of the Congress of the United States and the apportionment 2
of Representatives among those districts and containing no other 3
matter,matter; or 4
(e) Revising th e districts for the election of members of the State Board of 5
Education and the apportionment of Board members among those districts and 6
containing no other matter, 7
shall be read three times in each house before it becomes law and shall be signed by the presiding 8
officers of both houses." 9
SECTION 2. The amendment set out in Section 1 of this act shall be submitted to 10
the qualified voters of the State at a statewide general election to be held in November 2026, 11
which election shall be conducted under the la ws then governing elections in the State. Ballots, 12
voting systems, or both may be used in accordance with Chapter 163 of the General Statutes. The 13
question to be used in the voting systems and ballots shall be: 14
"[ ] FOR [ ] AGAINST 15
A constitutional amendment providing for the following changes to the State Board 16
of Education, beginning January 1, 2028: 17
(1) The Superintendent of Public Instruction will serve as a member and chair of 18
the State Board of Education. 19
(2) Except for the Council of State members se rving on the State Board of 20
Education, the voters of the district will elect all members of the State Board 21
of Education to four-year terms. 22
(3) State Board of Education members will be elected from districts established 23
by the General Assembly. Bills revising those districts will become law upon 24
ratification. 25
(4) All vacancies for elected positions on the State Board of Education will be 26
filled in a manner provided by law." 27
SECTION 3. If a majority of the votes cast on the question are in favor of the 28
amendment set out in Section 1 of this act, the State Board of Elections shall certify the 29
amendment to the Secretary of State. The Secretary of State shall enroll the amendment so 30
certified among the permanent records of that office. 31
SECTION 4. If the amendment is approved by the qualified voters as provided in 32
this act, Section 1 of this act becomes effective January 1, 2028, and applies to terms of office 33
beginning January 1, 2029. Except as otherwise provided, this act is effective when it b ecomes 34
law. 35