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Governor’s Veto Overridden For Legislation Impacting State Board of Education’s Authority

Monday night, Governor Roy Cooper signed several bills into law that impact public education but vetoed House Bill 374, Regulatory Reform Act of 2018, which includes two components affecting public education. However, the veto of H374 was overridden by both the House and Senate Wednesday morning and enacted into law despite the Governor’s objections.

House Bill 374 makes numerous regulatory changes to various aspects of state government, including the following affecting public education:

  • Repeals two State Board of Education (SBE) policies inconsistent with the court decision in North Carolina State Board of Education v. State of North Carolina and Mark Johnson that authorizes the State Superintendent of Public Instruction to manage the Department of Public Instruction and serve as head of NC’s free public school system.
    • Allows the SBE to re-adopt and adopt new rules as long as they are consistent with state law.
    • Allows other SBE policies to remain in place until May 30, 2019 as interim rules and delegates authority from the General Assembly to the Rules Review Commission to review and approve the administrative rules that are proposed by the State Board of Education.
  • Repeals the section in the 2018 state budget technical corrections bill that had eliminated a new prohibition on cities from conditioning zoning and permit approvals on a school district’s waiver or reduction of reimbursement for mandated road improvements related to school construction and renovations. This action in the regulatory reform bill reinstates protective language for LEAs that prevents municipalities from passing costs for road improvements they mandate on to school districts involved in construction and renovations.
  • The law became effective Wednesday, June 27, except as otherwise provided.

Governor Cooper had vetoed this bill not for education-related reasons but for the provisions ending environmental protections from pollution on the North Carolina coast, as his veto statement reflects.


Jacqueline Wyatt for NCASA