July 21, 1993
The Honorable Bob Etheridge Superintendent of Public Instruction
N.C. Department of Public Instruction Education Building Raleigh, North Carolina
Re: Constitutionality of House Bill 935
Dear Bob:
You have requested an opinion from the Attorney General’s Office concerning the constitutionality of House Bill 935 ("HB 935") which deletes references to the Department of Public Education from the General Statutes. It is my understanding that the Chairman of the State Board of Education expressed reservations about the constitutionality of the Bill in a letter to a Senate committee where the Bill is being considered.
After examining House Bill 935 and Article IX of the Constitution of North Carolina, I conclude that HB 935 does not alter the constitutional responsibilities of either the State Board of Education or the Superintendent of Public Instruction. It is my opinion that HB 935 is constitutional. If HB 935 is enacted into law, the Attorney General’s Office will defend it in court if it is challenged.
If I can be of further assistance, do not hesitate to contact me.
Thomas F. Moffitt Special Deputy Attorney General