(1) Board. The State Board of Education shall consist of the Lieutenant Governor, the Treasurer, and eleven members appointed by the Governor, subject to confirmation by the General Assembly in joint session. The General Assembly shall divide the State into eight educational districts. Of the appointive members of the Board, one shall be appointed from each of the eight educational districts and three shall be appointed from the State at large. Appointments shall be for overlapping terms of eight years. Appointments to fill vacancies shall be made by the Governor for the unexpired terms and shall not be subject to confirmation.
(2) Superintendent of Public Instruction. The Superintendent of Public Instruction shall be the secretary and chief administrative officer of the State Board of Education.
Cross References. - As to the Superintendent of Public Instruction, see G.S. 115C-18 et seq.
History Note. - The provisions of this section are similar to those of Art. IX, § 8, Const. 1868, as amended in 1942 and 1944.
Legal Periodicals. - For a survey of 1996 developments in constitutional law, see 75 N.C.L. Rev. 2252 (1997).
CASE NOTES
Duty to End Segregation in Schools. - The State Board of Education has an affirmative duty to exercise its authority to the end that school segregation be eliminated. Godwin v. Johnston County Bd. of Educ., 301 F. Supp. 1339 (E.D.N.C. 1969), decided under former Art. IX, § 8, Const. 1868, as amended.
The State's duty to effect a transition from the dual system of schools formerly imposed by the Constitution and laws of the State of North Carolina to a unitary nonracial school system falls not only upon the local school boards, but also upon the State Board of Education and the State Superintendent of Public Instruction. Godwin v. Johnston County Bd. of Educ., 301 F. Supp. 1339 (E.D.N.C. 1969), decided under former Art. IX, § 8, Const. 1868, as amended.
Cited in Guthrie v. Taylor, 279 N.C. 703, 185 S.E.2d 193 (1971); Kiddie Korner Day Schools, Inc. v. Charlotte-Mecklenburg Bd. of Educ., 55 N.C. App. 134, 285 S.E.2d 110 (1981).