NORTH CAROLINA GENERAL ASSEMBLY

1981 SESSION

 

 

CHAPTER 168

HOUSE BILL 335

 

 

AN ACT TO AMEND THE PROCEDURE FOR JUDICIAL REVIEW OF SCHOOL BUS ASSIGNMENT DECISIONS.

 

The General Assembly of North Carolina enacts:

 

Section 1. G.S. 115-184(e) is hereby rewritten to read as follows:

"(e)       A final decision of the local board of education pursuant to G.S. 115-184(d) shall be subject to judicial review in the manner provided by Article 4, Chapter 150A of the General Statutes: Provided, notwithstanding the provisions of G.S. 150A-45, a person seeking judicial review under this section shall not appeal the final decision of the local board of education to any State board, but shall file a petition for review in the superior court of the county where the final decision of the local board of education was made. If the court determines that the final decision of the local board of education should be set aside, then the court, notwithstanding the provisions of G.S. 150A-51, may enter an order so providing and adjudging that such child is entitled to the school bus assignment as claimed by the appellant, or such other school bus assignment as the court may find such child is entitled to, and in such case such child shall be assigned to such school bus by the local board of education concerned."

Sec. 2. This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 2nd day of April, 1981.