Education and Law
Project
2013 Legislative
Update
TRACKING LEGISLATION
TRACKING LEGISLATION
TRACKING LEGISLATION
TRACKING LEGISLATION
TRACKING LEGISLATION
TRACKING LEGISLATION
2013 LEGISLATION
SB 14/HB 51/SL 2013-1-Increase Access To
Career/Technical Ed
2013 LEGISLATION
HB 146/SB 243/SL 2013-71-Back to Basics
2013 LEGISLATION
HB 250/SL 2013-359-Charter School
Enrollment & Charter Revisions
2013 LEGISLATION
HB 269/SL 2013-364-Children w/Disabilities
Scholarship Grants
2013 LEGISLATION
HB 317/SB 320/SL 2013-119-Improve Ed. for
Children Who Are Deaf-(HB 317 passed)
2013 LEGISLATION
SB 168/SL 2013-226-Clarify Education
Reporting Requirements
2013 LEGISLATION
SB 189/HB 230/SL 2013-57-Amend Law
Defining Home Schools-(SB 189 passed)
2013 LEGISLATION
SB 325/SL 2013-110-Wake County School
Board Districts
2013 LEGISLATION
SB 337/SL 2013-355-NC Charter School
Advisory Board
2013 LEGISLATION
SB 402 - Appropriations Act of 2013
SB 402 - APPROPRIATIONS ACT OF 2013
Section 8.27(a)-8.27(f)-Broaden Successful
Participation in Advanced Courses-HB 969
SB 402 - APPROPRIATIONS ACT OF 2013
Section 8.28(a)-8.28(c)-Increase Successful
Participation in Career and Technical
Education-HB 968
SB 402 - APPROPRIATIONS ACT OF 2013
Section 8.29(a)-8.29(h)-Opportunity
Scholarships-HB 944
SB 402 - APPROPRIATIONS ACT OF 2013
Section 8.31(a)-8.31(f)-Task Force to Study
Teacher and School Administrator
Effectiveness and Compensation-HB 719
SB 402 - APPROPRIATIONS ACT OF 2013
Section 8.34(a)-(c)-Education and Workforce
Innovation Program-HB 902
SB 402 - APPROPRIATIONS ACT OF 2013
Section 8.45(a)-8.45(g)-Volunteer School Safety
Resource Officer Program SB 27
SB 402 - APPROPRIATIONS ACT OF 2013
Section 8.48-Study Virtual Charter Schools
SB 402 - APPROPRIATIONS ACT OF 2013
Section 8.49(a)-8.49(d)-Pilot Program To Raise
The High School Dropout Age From Sixteen To
Eighteen
SB 402 - APPROPRIATIONS ACT OF 2013
Part IX-Excellent Public Schools Act of 2013-SB
361
MY CONTACT INFORMATION
Chris Hill
Director, Education & Law Project
North Carolina Justice Center
224 South Dawson Street
Raleigh, North Carolina 27601
(919) 856-2567 (office)
(919) 856-2175 (fax)
chill@ncjustice.org
AMENDMENT OF SCHOOL DISCIPLINE LAW
§ 115C-390.1. State policy and definitions.
(a)
In order to create and maintain a safe and orderly school environment conducive
to learning, school officials and teachers need adequate tools to maintain good discipline in
schools. However, the General Assembly also recognizes that removal of students from school,
while sometimes necessary, can exacerbate behavioral problems, diminish academic
achievement, and hasten school dropout. School discipline must balance these interests to
provide a safe and productive learning environment, to continually teach students to respect
themselves, others, and property, and to conduct themselves in a manner that fosters their own
learning and the learning of those around them.
(b)
The following definitions apply in this Article:
(1)
Alternative education services. - Part or full-time programs, wherever
situated, providing direct or computer-based instruction that allow a student to progress
in one or more core academic courses. Alternative education services include programs
established by the local board of education in conformity with G.S. 115C-105.47A and
local board of education policies.
(2)
Corporal punishment. - The intentional infliction of physical pain upon
the body of a student as a disciplinary measure.
(3)
Destructive device. - An explosive, incendiary, or poison gas:
a.
Bomb.
b.
Grenade.
c.
Rocket having a propellant charge of more than four ounces.
d.
Missile having an explosive or incendiary charge of more than
one-quarter ounce.
e.
Mine.
f.
Device similar to any of the devices listed in this subdivision.
(4)
Educational property. - Any school building or bus, school campus,
grounds, recreational area, athletic field, or other property under the control of any local
board of education or charter school.
(5)
Expulsion. - The indefinite exclusion of a student from school enrollment
for disciplinary purposes.
(6)
Firearm. - Any of the following:
a.
A weapon, including a starter gun, which will or is designed to or
may readily be converted to expel a projectile by the action of an explosive.
b.
The frame or receiver of any such weapon.
c.
Any firearm muffler or firearm silencer.
The term shall not include an inoperable antique firearm, a BB gun, stun gun, air rifle, or air
pistol.
(7)
Long-term suspension. - The exclusion for more than 10 school days of a
student from school attendance for disciplinary purposes from the school to which the
student was assigned at the time of the disciplinary action. If the offense leading to the
long-term suspension occurs before the final quarter of the school year, the exclusion
shall be no longer than the remainder of the school year in which the offense was
committed. If the offense leading to the long-term suspension occurs during the final
quarter of the school year, the exclusion may include a period up to the remainder of the
1
school year in which the offense was committed and the first semester of the following
school year.
(8)
Parent. - Includes a parent, legal guardian, legal custodian, or other
caregiver adult who is acting in the place of a parent and is entitled to enroll the student
in school under Article 25 of this Chapter.
(9)
Principal. - Includes the principal and the principal's designee.
(10) School official. - A superintendent or any other central office
administrator to whom the superintendent has delegated duties under this Article and any
principal or assistant principal.
(11) School personnel. - Any of the following:
a.
An employee of a local board of education.
b.
Any person working on school grounds or at a school function
under a contract or written agreement with the public school system to provide
educational or related services to students.
c.
Any person working on school grounds or at a school function for
another agency providing educational or related services to students.
(12) Short-term suspension. - The exclusion of a student from school
attendance for disciplinary purposes for up to 10 school days from the school to which
the student was assigned at the time of the disciplinary action.
(13) Substantial evidence. - Such relevant evidence as a reasonable person
might accept as adequate to support a conclusion; it is more than a scintilla or permissible
inference.
(14) Superintendent. - Includes the superintendent and the superintendent's
designee.
(c)
Notwithstanding the provisions of this Article, the policies and procedures for the
discipline of students shall be consistent with the requirements of the Gun Free Schools Act, 20
U.S.C. § 7151, the Individuals with Disabilities Education Act (IDEA), 29 U.S.C. § 1400, et
seq., section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 701, et seq., and with other
federal laws and regulations. (2011-270, s. 1; 2011-282, s. 16; 2011-282, s. 2.)
§ 115C-390.2. Discipline policies.
(a)
Local boards of education shall adopt policies to govern the conduct of students
and establish procedures to be followed by school officials in disciplining students. These
policies must be consistent with the provisions of this Article and the constitutions, statutes, and
regulations of the United States and the State of North Carolina.
(b)
Board policies shall include or provide for the development of a Code of Student
Conduct that notifies students of the standards of behavior expected of them, conduct that may
subject them to discipline, and the range of disciplinary measures that may be used by school
officials.
(c)
Board policies may authorize suspension for conduct not occurring on
educational property, but only if the student's conduct otherwise violates the Code of Student
Conduct and the conduct has or is reasonably expected to have a direct and immediate impact on
the orderly and efficient operation of the schools or the safety of individuals in the school
environment.
2
(d)
Board policies shall not allow students to be long-term suspended or expelled
from school solely for truancy or tardiness offenses and shall not allow short-term suspension of
more than two days for such offenses.
(e)
Board policies shall not impose mandatory long-term suspensions or expulsions
for specific violations unless otherwise provided in State or federal law.
(f)
Board policies shall minimize the use of long-term suspension and expulsion by
restricting the availability of long-term suspension or expulsion to those violations deemed to be
serious violations of the board's Code of Student Conduct that either threaten the safety of
students, staff, or school visitors or threaten to substantially disrupt the educational environment.
Examples of conduct that would not be deemed to be a serious violation include the use of
inappropriate or disrespectful language, noncompliance with a staff directive, dress code
violations, and minor physical altercations that do not involve weapons or injury. The principal
may, however, in his or her discretion, determine that aggravating circumstances justify treating
a minor violation as a serious violation.
(g)
Board policies shall not prohibit the superintendent and principals from
considering the student's intent, disciplinary and academic history, the potential benefits to the
student of alternatives to suspension, and other mitigating or aggravating factors when deciding
whether to recommend or impose long-term suspension.
(h)
Board policies shall include the procedures to be followed by school officials in
suspending, expelling, or administering corporal punishment to any student, which shall be
consistent with this Article.
(i)
Each local board shall publish all policies, administrative procedures, or school
rules mandated by this section and make them available to each student and his or her parent at
the beginning of each school year and upon request.
(j)
Local boards of education are encouraged to include in their safe schools plans,
adopted pursuant to G.S. 115C-105.47, research-based behavior management programs that take
positive approaches to improving student behaviors.
(k)
School officials are encouraged to use a full range of responses to violations of
disciplinary rules, such as conferences, counseling, peer mediation, behavior contracts,
instruction in conflict resolution and anger management, detention, academic interventions,
community service, and other similar tools that do not remove a student from the classroom or
school building. (2011-282, s. 2.)
§ 115C-390.3. Reasonable force.
(a)
School personnel may use physical restraint only in accordance with G.S. 115C391.1.
(b)
School personnel may use reasonable force to control behavior or to remove a
person from the scene in those situations when necessary for any of the following reasons:
(1)
To correct students.
(2)
To quell a disturbance threatening injury to others.
(3)
To obtain possession of weapons or other dangerous objects on the
person, or within the control, of a student.
(4)
For self-defense.
(5)
For the protection of persons or property.
(6)
To maintain order on educational property, in the classroom, or at a
school-related activity on or off educational property.
3
(c)
Notwithstanding any other law, no officer or employee of the State Board of
Education or of a local board of education shall be civilly liable for using reasonable force in
conformity with State law, State or local rules, or State or local policies regarding the control,
discipline, suspension, and expulsion of students. Furthermore, the burden of proof is on the
claimant to show that the amount of force used was not reasonable.
(d)
No school employee shall be reprimanded or dismissed for acting or failing to act
to stop or intervene in an altercation between students if the employee's actions are consistent
with local board policies. Local boards of education shall adopt policies, pursuant to their
authority under G.S. 115C-47(18), which provide guidelines for an employee's response if the
employee has personal knowledge or actual notice of an altercation between students. (2011282, s. 2; 2012-149, s. 10.)
§ 115C-390.4. Corporal punishment.
(a)
Each local board of education shall determine whether corporal punishment will
be permitted in its school administrative unit. Notwithstanding a local board of education's
prohibition on the use of corporal punishment, school personnel may use physical restraint in
accordance with federal law and G.S. 115C-391.1 and reasonable force pursuant to G.S. 115C390.3.
(b)
To the extent that corporal punishment is permitted, the policies adopted for the
administration of corporal punishment shall include at a minimum the following:
(1)
Corporal punishment shall not be administered in a classroom with other
students present.
(2)
Only a teacher, principal, or assistant principal may administer corporal
punishment and may do so only in the presence of a principal, assistant principal, or
teacher who shall be informed beforehand and in the student's presence of the reason for
the punishment.
(3)
A school person shall provide the student's parent with notification that
corporal punishment has been administered, and the person who administered the
corporal punishment shall provide the student's parent a written explanation of the
reasons and the name of the second person who was present.
(4)
The school shall maintain records of each administration of corporal
punishment and the reasons for its administration.
(5)
In no event shall excessive force be used in the administration of corporal
punishment. Excessive force includes force that results in injury to the child that requires
medical attention beyond simple first aid.
(6)
Corporal punishment shall not be administered on a student whose parent
or guardian has stated in writing that corporal punishment shall not be administered to
that student. Parents and guardians shall be given a form to make such an election at the
beginning of the school year or when the student first enters the school during the year.
The form shall advise the parent or guardian that the student may be subject to
suspension, among other possible punishments, for offenses that would otherwise not
require suspension if corporal punishment were available. If the parent or guardian does
not return the form, corporal punishment may be administered on the student.
(c)
Each local board of education shall report annually to the State Board of
Education, in a manner prescribed by the State Board of Education, on the number of times that
4
corporal punishment was administered. The report shall be in compliance with the federal Family
Educational Rights and Privacy Act, 20 U.S.C. § 1232g, and shall include the following:
(1)
The number of students who received corporal punishment.
(2)
The number of students who received corporal punishment who were also
students with disabilities and were eligible to receive special education and related
services under the federal Individuals with Disabilities Education Act, 20 U.S.C. § 1400,
et seq.
(3)
The grade level of the students who received corporal punishment.
(4)
The race, gender, and ethnicity of the students who received corporal
punishment.
(5)
The reason for the administration of the corporal punishment for each
student who received corporal punishment. (2011-282, s. 2.)
§ 115C-390.5. Short-term suspension.
(a)
The principal shall have authority to impose short-term suspension on a student
who willfully engages in conduct that violates a provision of the Code of Student Conduct
authorizing short-term suspension.
(b)
If a student's short-term suspensions accumulate to more than 10 days in a
semester, to the extent the principal has not already done so, he or she shall invoke the
mechanisms provided for in the applicable safe schools plan adopted pursuant to G.S. 115C105.47(b)(5) and (b)(6).
(c)
A student subject to short-term suspension shall be provided the following:
(1)
The opportunity to take textbooks home for the duration of the
suspension.
(2)
Upon request, the right to receive all missed assignments and, to the
extent practicable, the materials distributed to students in connection with the assignment.
(3)
The opportunity to take any quarterly, semester, or grading period
examinations missed during the suspension period. (2011-282, s. 2.)
§ 115C-390.6. Short-term suspension procedures.
(a)
Except as authorized in this section, no short-term suspension shall be imposed
upon a student without first providing the student an opportunity for an informal hearing with the
principal. The notice to the student of the charges may be oral or written, and the hearing may be
held immediately after the notice is given. The student has the right to be present, to be informed
of the charges and the basis for the accusations, and to make statements in defense or mitigation
of the charges.
(b)
The principal may impose a short-term suspension without providing the student
an opportunity for a hearing if the presence of the student creates a direct and immediate threat to
the safety of other students or staff, or substantially disrupts or interferes with the education of
other students or the maintenance of discipline at the school. In such cases, the notice of the
charges and informal hearing described in subsection (a) of this section shall occur as soon as
practicable.
(c)
The principal shall provide notice to the student's parent of any short-term
suspension, including the reason for the suspension and a description of the alleged student
conduct upon which the suspension is based. The notice shall be given by the end of the workday
during which the suspension is imposed when reasonably possible, but in no event more than two
5
days after the suspension is imposed. The notice shall be given by certified mail, telephone,
facsimile, e-mail, or any other method reasonably designed to achieve actual notice.
(d)
If English is the second language of the parent, the notice shall be provided in the
parent's primary language, when the appropriate foreign language resources are readily available,
and in English, and both versions shall be in plain language and shall be easily understandable.
(e)
A student is not entitled to appeal the principal's decision to impose a short-term
suspension to the superintendent or local board of education. Further, such a decision is not
subject to judicial review. Notwithstanding this subsection, the local board of education, in its
discretion, may provide students an opportunity for a review or appeal of a short-term suspension
to the superintendent or local board of education. (2011-282, s. 2.)
§ 115C-390.7. Long-term suspension.
(a)
A principal may recommend to the superintendent the long-term suspension of
any student who willfully engages in conduct that violates a provision of the Code of Student
Conduct that authorizes long-term suspension. Only the superintendent has the authority to longterm suspend a student.
(b)
Before the superintendent's imposition of a long-term suspension, the student
must be provided an opportunity for a hearing consistent with G.S. 115C-390.8.
(c)
If the student recommended for long-term suspension declines the opportunity for
a hearing, the superintendent shall review the circumstances of the recommended long-term
suspension. Following such review, the superintendent (i) may impose the suspension if is it
consistent with board policies and appropriate under the circumstances, (ii) may impose another
appropriate penalty authorized by board policy, or (iii) may decline to impose any penalty.
(d)
If a teacher is assaulted or injured by a student and as a result the student is longterm suspended or reassigned to alternative education services, the student shall not be returned
to that teacher's classroom unless the teacher consents.
(e)
Disciplinary reassignment of a student to a full-time educational program that
meets the academic requirements of the standard course of study established by the State Board
of Education as provided in G.S. 115C-12 and provides the student with the opportunity to make
timely progress towards graduation and grade promotion is not a long-term suspension requiring
the due process procedures described in G.S. 115C-390.8. (2011-282, s. 2.)
§ 115C-390.8. Long-term suspension procedures.
(a)
When a student is recommended by the principal for long-term suspension, the
principal shall give written notice to the student's parent. The notice shall be provided to the
student's parent by the end of the workday during which the suspension was recommended when
reasonably possible or as soon thereafter as practicable. The written notice shall provide at least
the following information:
(1)
A description of the incident and the student's conduct that led to the longterm suspension recommendation.
(2)
A reference to the provisions of the Code of Student Conduct that the
student is alleged to have violated.
(3)
The specific process by which the parent may request a hearing to contest
the decision, including the number of days within which the hearing must be requested.
(4)
The process by which a hearing will be held, including, at a minimum, the
procedures described in subsection (e) of this section.
6
(5)
Notice that the parent is permitted to retain an attorney to represent the
student in the hearing process.
(6)
The extent to which the local board policy permits the parent to have an
advocate, instead of an attorney, accompany the student to assist in the presentation of his
or her appeal.
(7)
Notice that the parent has the right to review and obtain copies of the
student's educational records before the hearing.
(8)
A reference to the local board policy on the expungement of discipline
records as required by G.S. 115C-402.
(b)
Written notice may be provided by certified mail, fax, e-mail, or any other written
method reasonably designed to achieve actual notice of the recommendation for long-term
suspension. When school personnel are aware that English is not the primary language of the
parent or guardian, the notice shall be written in both English and in the primary language of the
parent or guardian when the appropriate foreign language resources are readily available. All
notices described in this section shall be written in plain English, and shall include the following
information translated into the dominant non-English language used by residents within the local
school administrative unit:
(1)
The nature of the document, i.e., that it is a long-term suspension notice.
(2)
The process by which the parent may request a hearing to contest the
long-term suspension.
(3)
The identity and phone number of a school employee that the parent may
call to obtain assistance in understanding the English language information included in
the document.
(c)
No long-term suspension shall be imposed on a student until an opportunity for a
formal hearing is provided to the student. If a hearing is timely requested, it shall be held and a
decision issued before a long-term suspension is imposed, except as otherwise provided in this
subsection. The student and parent shall be given reasonable notice of the time and place of the
hearing.
(1)
If no hearing is timely requested, the superintendent shall follow the
procedures described in G.S. 115C-390.7(c).
(2)
If the student or parent requests a postponement of the hearing, or if the
hearing is requested beyond the time set for such request, the hearing shall be scheduled,
but the student shall not have the right to return to school pending the hearing.
(3)
If neither the student nor parent appears for the scheduled hearing, after
having been given reasonable notice of the time and place of the hearing, the parent and
student are deemed to have waived the right to a hearing and the superintendent shall
conduct the review required by G.S. 115C-390.7(c).
(d)
The formal hearing may be conducted by the local board of education, by the
superintendent, or by a person or group of persons appointed by the local board or superintendent
to serve as a hearing officer or hearing panel. Neither the board nor the superintendent shall
appoint any individual to serve as a hearing officer or on a hearing panel who is under the direct
supervision of the principal recommending suspension. If the hearing is conducted by an
appointed hearing officer or hearing panel, such officer or panel shall determine the relevant
facts and credibility of witnesses based on the evidence presented at the hearing. Following the
hearing, the superintendent or local board shall make a final decision regarding the suspension.
7
The superintendent or board shall adopt the hearing officer's or panel's factual determinations
unless they are not supported by substantial evidence in the record.
(e)
Long-term suspension hearings shall be conducted in accordance with policies
adopted by the board of education. Such policies shall offer the student procedural due process
including, but not limited to, the following:
(1)
The right to be represented at the hearing by counsel or, in the discretion
of the local board, a non-attorney advocate.
(2)
The right to be present at the hearing, accompanied by his or her parents.
(3)
The right of the student, parent, and the student's representative to review
before the hearing any audio or video recordings of the incident and, consistent with
federal and State student records laws and regulations, the information supporting the
suspension that may be presented as evidence at the hearing, including statements made
by witnesses related to the charges consistent with subsection (h) of this section.
(4)
The right of the student, parent, or the student's representative to question
witnesses appearing at the hearing.
(5)
The right to present evidence on his or her own behalf, which may include
written statements or oral testimony, relating to the incident leading to the suspension, as
well as any of the factors listed in G.S. 115C-390.2(g).
(6)
The right to have a record made of the hearing.
(7)
The right to make his or her own audio recording of the hearing.
(8)
The right to a written decision, based on substantial evidence presented at
the hearing, either upholding, modifying, or rejecting the principal's recommendation of
suspension and containing at least the following information:
a.
The basis for the decision, including a reference to any policy or
rule that the student is determined to have violated.
b.
Notice of what information will be included in the student's official
record pursuant to G.S. 115C-402.
c.
The student's right to appeal the decision and notice of the
procedures for such appeal.
(f)
Following the issuance of the decision, the superintendent shall implement the
decision by authorizing the student's return to school or by imposing the suspension reflected in
the decision.
(g)
Unless the decision was made by the local board, the student may appeal the
decision to the local board in accordance with G.S. 115C-45(c) and policies adopted by the
board. Notwithstanding the provisions of G.S. 115C-45(c), a student's appeal to the board of a
decision upholding a long-term suspension shall be heard and a final written decision issued in
not more than 30 calendar days following the request for such appeal.
(h)
Nothing in this section shall compel school officials to release names or other
information that could allow the student or his or her representative to identify witnesses when
such identification could create a safety risk for the witness.
(i)
A decision of the local board to uphold the long-term suspension of a student is
subject to judicial review in accordance with Article 4 of Chapter 150B of the General Statutes.
The action must be brought within 30 days of the local board's decision. A person seeking
judicial review shall file a petition in the superior court of the county where the local board made
its decision. Local rules notwithstanding, petitions for judicial review of a long-term suspension
8
shall be set for hearing in the first succeeding term of superior court in the county following the
filing of the certified copy of the official record. (2011-282, s. 2.)
§ 115C-390.9. Alternative education services.
(a)
Students who are long-term suspended shall be offered alternative education
services unless the superintendent provides a significant or important reason for declining to
offer such services. The following may be significant or important reasons, depending on the
circumstances and the nature and setting of the alternative education services:
(1)
The student exhibits violent behavior.
(2)
The student poses a threat to staff or other students.
(3)
The student substantially disrupts the learning process.
(4)
The student otherwise engaged in serious misconduct that makes the
provision of alternative educational services not feasible.
(5)
Educationally appropriate alternative education services are not available
in the local school administrative unit due to limited resources.
(6)
The student failed to comply with reasonable conditions for admittance
into an alternative education program.
(b)
If the superintendent declines to provide alternative education services to the
suspended student, the student may seek review of such decision by the local board of education
as permitted by G.S. 115C-45(c)(2). If the student seeks such review, the superintendent shall
provide to the student and the local board, in advance of the board's review, a written explanation
for the denial of services together with any documents or other information supporting the
decision. (2011-282, s. 2.)
§ 115C-390.10. 365-day suspension for gun possession.
(a)
All local boards of education shall develop and implement written policies and
procedures, as required by the federal Gun Free Schools Act, 20 U.SC. § 7151, requiring
suspension for 365 calendar days of any student who is determined to have brought or been in
possession of a firearm or destructive device on educational property, or to a school-sponsored
event off of educational property. A principal shall recommend to the superintendent the 365-day
suspension of any student believed to have violated board policies regarding weapons. The
superintendent has the authority to suspend for 365 days a student who has been recommended
for such suspension by the principal when such recommendation is consistent with board
policies. Notwithstanding the foregoing, the superintendent may modify, in writing, the required
365-day suspension for an individual student on a case-by-case basis. The superintendent shall
not impose a 365-day suspension if the superintendent determines that the student took or
received the firearm or destructive device from another person at school or found the firearm or
destructive device at school, provided that the student delivered or reported the firearm or
destructive device as soon as practicable to a law enforcement officer or a school employee and
had no intent to use such firearm or destructive device in a harmful or threatening way.
(b)
The principal must report all incidents of firearms or destructive devices on
educational property or at a school-sponsored event as required by G.S. 115C-288(g) and State
Board of Education policy.
(c)
Nothing in this provision shall apply to a firearm that was brought onto
educational property for activities approved and authorized by the local board of education,
9
provided that the local board of education has adopted appropriate safeguards to protect student
safety.
(d)
At the time the student and parent receive notice that the student is suspended for
365 days under this section, the superintendent shall provide notice to the student and the
student's parent of the right to petition the local board of education for readmission pursuant to
G.S. 115C-390.12.
(e)
The procedures described in G.S. 115C-390.8 apply to students facing a 365-day
suspension pursuant to this section.
(f)
Students who are suspended for 365 days pursuant to this section shall be
considered for alternative educational services consistent with the provisions of G.S. 115C390.9. (2011-282, s. 2.)
§ 115C-390.11. Expulsion.
(a)
Upon recommendation of the superintendent, a local board of education may
expel any student 14 years of age or older whose continued presence in school constitutes a clear
threat to the safety of other students or school staff. Prior to the expulsion of any student, the
local board shall conduct a hearing to determine whether the student's continued presence in
school constitutes a clear threat to the safety of other students or school staff. The student shall
be given reasonable notice of the recommendation in accordance with G.S. 115C-390.8(a) and
(b), as well as reasonable notice of the time and place of the scheduled hearing.
(1)
The procedures described in G.S. 115C-390.8(e)(1)-(8) apply to students
facing expulsion pursuant to this section, except that the decision to expel a student by
the local board of education shall be based on clear and convincing evidence that the
student's continued presence in school constitutes a clear threat to the safety of other
students and school staff.
(2)
A local board of education may expel any student subject to G.S. 14208.18 in accordance with the procedures of this section. Prior to ordering the expulsion
of a student, the local board of education shall consider whether there are alternative
education services that may be offered to the student. As provided by G.S. 14-208.18(f),
if the local board of education determines that the student shall be provided educational
services on school property, the student shall be under the supervision of school
personnel at all times.
(3)
At the time a student is expelled under this section, the student shall be
provided notice of the right to petition for readmission pursuant to G.S. 115C-390.12.
(b)
During the expulsion, the student is not entitled to be present on any property of
the local school administrative unit and is not considered a student of the local board of
education. Nothing in this section shall prevent a local board of education from offering access to
some type of alternative educational services that can be provided to the student in a manner that
does not create safety risks to other students and school staff. (2011-282, s. 2.)
§ 115C-390.12. Request for readmission.
(a)
All students suspended for 365 days or expelled may, after 180 calendar days
from the date of the beginning of the student's suspension or expulsion, request in writing
readmission to the local school administrative unit. The local board of education shall develop
and publish written policies and procedures for the readmission of all students who have been
expelled or suspended for 365 days, which shall provide, at a minimum, the following process:
10
(1)
The process for 365-day suspended students.
a.
At the local board's discretion, either the superintendent or the
local board itself shall consider and decide on petitions for readmission. If the
decision maker is the superintendent, the superintendent shall offer the student an
opportunity for an in-person meeting. If the decision maker is the local board of
education, the board may offer the student an in-person meeting or may make a
determination based on the records submitted by the student and the
superintendent.
b.
The student shall be readmitted if the student demonstrates to the
satisfaction of the board or superintendent that the student's presence in school no
longer constitutes a threat to the safety of other students or staff.
c.
A superintendent's decision not to readmit the student may be
appealed to the local board of education pursuant to G.S. 115C-45(c). The
superintendent shall notify the parents of the right to appeal.
d.
There is no right to judicial review of the board's decision not to
readmit a 365-day suspended student.
e.
A decision on readmission under this subsection shall be issued
within 30 days of the petition.
(2)
The process for expelled students.
a.
The board of education shall consider all petitions for readmission
of expelled students, together with the recommendation of the superintendent on
the matter, and shall rule on the request for readmission. The board shall consider
the petition based on the records submitted by the student and the response by the
administration and shall allow the parties to be heard in the same manner as
provided by G.S. 115C-45(c).
b.
The student shall be readmitted if the student demonstrates to the
satisfaction of the board or superintendent that his or her presence in a school no
longer constitutes a clear threat to the safety of other students or staff.
c.
A decision by a board of education to deny readmission of an
expelled student is not subject to judicial review.
d.
An expelled student may subsequently request readmission not
more often than every six months. The local board of education is not required to
consider subsequent readmission petitions filed sooner than six months after the
previous petition was filed.
e.
A decision on readmission under this section shall be issued within
30 days of the petition.
(b)
If a student is readmitted under this section, the board and the superintendent
have the right to assign the student to any program within the school system and to place
reasonable conditions on the readmission.
(c)
If a teacher was assaulted or injured by a student, and as a result the student was
expelled, the student shall not be returned to that teacher's classroom following readmission
unless the teacher consents. (2011-282, s. 2.)
§ 115C-391.1. Permissible use of seclusion and restraint.
(a)
It is the policy of the State of North Carolina to:
11
(1)
Promote safety and prevent harm to all students, staff, and visitors in the
public schools.
(2)
Treat all public school students with dignity and respect in the delivery of
discipline, use of physical restraints or seclusion, and use of reasonable force as permitted
by law.
(3)
Provide school staff with clear guidelines about what constitutes use of
reasonable force permissible in North Carolina public schools.
(4)
Improve student achievement, attendance, promotion, and graduation
rates by employing positive behavioral interventions to address student behavior in a
positive and safe manner.
(5)
Promote retention of valuable teachers and other school personnel by
providing appropriate training in prescribed procedures, which address student behavior
in a positive and safe manner.
(b)
The following definitions apply in this section:
(1)
"Assistive technology device" means any item, piece of equipment, or
product system that is used to increase, maintain, or improve the functional capacities of
a child with a disability.
(2)
"Aversive procedure" means a systematic physical or sensory intervention
program for modifying the behavior of a student with a disability which causes or
reasonably may be expected to cause one or more of the following:
a.
Significant physical harm, such as tissue damage, physical illness,
or death.
b.
Serious, foreseeable long-term psychological impairment.
c.
Obvious repulsion on the part of observers who cannot reconcile
extreme procedures with acceptable, standard practice, for example: electric
shock applied to the body; extremely loud auditory stimuli; forcible introduction
of foul substances to the mouth, eyes, ears, nose, or skin; placement in a tub of
cold water or shower; slapping, pinching, hitting, or pulling hair; blindfolding or
other forms of visual blocking; unreasonable withholding of meals; eating one's
own vomit; or denial of reasonable access to toileting facilities.
(3)
"Behavioral intervention" means the implementation of strategies to
address behavior that is dangerous, disruptive, or otherwise impedes the learning of a
student or others.
(4)
"IEP" means a student's Individualized Education Plan.
(5)
"Isolation" means a behavior management technique in which a student is
placed alone in an enclosed space from which the student is not prevented from leaving.
(6)
"Law enforcement officer" means a sworn law enforcement officer with
the power to arrest.
(7)
"Mechanical restraint" means the use of any device or material attached or
adjacent to a student's body that restricts freedom of movement or normal access to any
portion of the student's body and that the student cannot easily remove.
(8)
"Physical restraint" means the use of physical force to restrict the free
movement of all or a portion of a student's body.
(9)
"School personnel" means:
a.
Employees of a local board of education.
12
b.
Any person working on school grounds or at a school function
under a contract or written agreement with the public school system to provide
educational or related services to students.
c.
Any person working on school grounds or at a school function for another agency
providing educational or related services to students.
(10) "Seclusion" means the confinement of a student alone in an enclosed
space from which the student is:
a.
Physically prevented from leaving by locking hardware or other
means.
b.
Not capable of leaving due to physical or intellectual incapacity.
(11) "Time-out" means a behavior management technique in which a student is
separated from other students for a limited period of time in a monitored setting.
(c)
Physical Restraint:
(1)
Physical restraint of students by school personnel shall be considered a
reasonable use of force when used in the following circumstances:
a.
As reasonably needed to obtain possession of a weapon or other
dangerous objects on a person or within the control of a person.
b.
As reasonably needed to maintain order or prevent or break up a
fight.
c.
As reasonably needed for self-defense.
d.
As reasonably needed to ensure the safety of any student, school
employee, volunteer, or other person present, to teach a skill, to calm or comfort a
student, or to prevent self-injurious behavior.
e.
As reasonably needed to escort a student safely from one area to
another.
f.
If used as provided for in a student's IEP or Section 504 plan or
behavior intervention plan.
g.
As reasonably needed to prevent imminent destruction to school or
another person's property.
(2)
Except as set forth in subdivision (1) of this subsection, physical restraint
of students shall not be considered a reasonable use of force, and its use is prohibited.
(3)
Physical restraint shall not be considered a reasonable use of force when
used solely as a disciplinary consequence.
(4)
Nothing in this subsection shall be construed to prevent the use of force
by law enforcement officers in the lawful exercise of their law enforcement duties.
(d)
Mechanical Restraint:
(1)
Mechanical restraint of students by school personnel is permissible only
in the following circumstances:
a.
When properly used as an assistive technology device included in
the student's IEP or Section 504 plan or behavior intervention plan or as otherwise
prescribed for the student by a medical or related service provider.
b.
When using seat belts or other safety restraints to secure students
during transportation.
c.
As reasonably needed to obtain possession of a weapon or other
dangerous objects on a person or within the control of a person.
d.
As reasonably needed for self-defense.
13
e.
As reasonably needed to ensure the safety of any student, school
employee, volunteer, or other person present.
(2)
Except as set forth in subdivision (1) of this subsection, mechanical
restraint, including the tying, taping, or strapping down of a student, shall not be
considered a reasonable use of force, and its use is prohibited.
(3)
Nothing in this subsection shall be construed to prevent the use of
mechanical restraint devices such as handcuffs by law enforcement officers in the lawful
exercise of their law enforcement duties.
(e)
Seclusion:
(1)
Seclusion of students by school personnel may be used in the following
circumstances:
a.
As reasonably needed to respond to a person in control of a
weapon or other dangerous object.
b.
As reasonably needed to maintain order or prevent or break up a
fight.
c.
As reasonably needed for self-defense.
d.
As reasonably needed when a student's behavior poses a threat of
imminent physical harm to self or others or imminent substantial destruction of
school or another person's property.
e.
When used as specified in the student's IEP, Section 504 plan, or
behavior intervention plan; and
1.
The student is monitored while in seclusion by an adult in
close proximity who is able to see and hear the student at all times.
2.
The student is released from seclusion upon cessation of
the behaviors that led to the seclusion or as otherwise specified in
the student's IEP or Section 504 plan.
3.
The space in which the student is confined has been
approved for such use by the local education agency.
4.
The space is appropriately lighted.
5.
The space is appropriately ventilated and heated or cooled.
6.
The space is free of objects that unreasonably expose the
student or others to harm.
(2)
Except as set forth in subdivision (1) of this subsection, the use of
seclusion is not considered reasonable force, and its use is not permitted.
(3)
Seclusion shall not be considered a reasonable use of force when used
solely as a disciplinary consequence.
(4)
Nothing in this subsection shall be construed to prevent the use of
seclusion by law enforcement officers in the lawful exercise of their law enforcement
duties.
(f)
Isolation. - Isolation is permitted as a behavior management technique provided
that:
(1)
The space used for isolation is appropriately lighted, ventilated, and
heated or cooled.
(2)
The duration of the isolation is reasonable in light of the purpose of the
isolation.
(3)
The student is reasonably monitored while in isolation.
14
(4)
The isolation space is free of objects that unreasonably expose the student
or others to harm.
(g)
Time-Out. - Nothing in this section is intended to prohibit or regulate the use of
time-out as defined in this section.
(h)
Aversive Procedures. - The use of aversive procedures as defined in this section
is prohibited in public schools.
(i)
Nothing in this section modifies the rights of school personnel to use reasonable
force as permitted under G.S. 115C-390.3 or modifies the rules and procedures governing
discipline under G.S. 115C-390.1 through G.S. 115C-390.12.
(j)
Notice, Reporting, and Documentation.
(1)
Notice of procedures. - Each local board of education shall provide copies
of this section and all local board policies developed to implement this section to school
personnel and parents or guardians at the beginning of each school year.
(2)
Notice of specified incidents:
a.
School personnel shall promptly notify the principal or principal's
designee of:
1.
Any use of aversive procedures.
2.
Any prohibited use of mechanical restraint.
3.
Any use of physical restraint resulting in observable
physical injury to a student.
4.
Any prohibited use of seclusion or seclusion that exceeds
10 minutes or the amount of time specified on a student's behavior
intervention plan.
b.
When a principal or principal's designee has personal knowledge
or actual notice of any of the events described in this subdivision, the
principal or principal's designee shall promptly notify the student's parent
or guardian and will provide the name of a school employee the parent or
guardian can contact regarding the incident.
(3)
As used in subdivision (2) of this subsection, "promptly notify" means by
the end of the workday during which the incident occurred when reasonably possible, but
in no event later than the end of following workday.
(4)
The parent or guardian of the student shall be provided with a written
incident report for any incident reported under this section within a reasonable period of
time, but in no event later than 30 days after the incident. The written incident report shall
include:
a.
The date, time of day, location, duration, and description of the
incident and interventions.
b.
The events or events that led up to the incident.
c.
The nature and extent of any injury to the student.
d.
The name of a school employee the parent or guardian can contact
regarding the incident.
(5)
No local board of education or employee of a local board of education
shall discharge, threaten, or otherwise retaliate against another employee of the board
regarding that employee's compensation, terms, conditions, location, or privileges of
employment because the employee makes a report alleging a prohibited use of physical
15
restraint, mechanical restraint, aversive procedure, or seclusion, unless the employee
knew or should have known that the report was false.
(k)
Nothing in this section shall be construed to create a private cause of action
against any local board of education, its agents or employees, or any institutions of teacher
education or their agents or employees or to create a criminal offense. (2005-205, s. 2; 2006264, s. 58; 2011-282, s. 3.)
§ 115C-392. Appeal of disciplinary measures.
Appeals of disciplinary measures are subject to the provisions of G.S. 115C-45(c). (1981,
c. 423, s. 1.)
§ 115C-12. Powers and duties of the Board generally.
The general supervision and administration of the free public school system shall be
vested in the State Board of Education. The State Board of Education shall establish policy for
the system of free public schools, subject to laws enacted by the General Assembly. The powers
and duties of the State Board of Education are defined as follows:
(1)
Financial Powers. - The financial powers of the Board are set forth in Article 30
of this Chapter.
(1a) To Submit a Budget Request to the Director of the Budget. - The Board shall
submit a budget request to the Director of the Budget in accordance with G.S. 143C-3-3.
In addition to the information requested by the Director of the Budget, the Board shall
provide an analysis relating each of its requests for expansion funds to anticipated
improvements in student performance.
(2)
Repealed by Session Laws 1985 (Regular Session, 1986), c. 975, s. 24.
(3),
(4) Repealed by Session Laws 1987 (Regular Session, 1988), c. 1025, s. 1.
(5)
Apportionment of Funds. - The Board shall have authority to apportion and
equalize over the State all State school funds and all federal funds granted to the State for
assistance to educational programs administered within or sponsored by the public school
system of the State.
(6)
Power to Demand Refund for Inaccurate Apportionment Due to False Attendance
Records. - When it shall be found by the State Board of Education that inaccurate
attendance records have been filed with the State Board of Education which resulted in an
excess allotment of funds for teacher salaries in any school unit in any school year, the
school unit concerned may be required to refund to the State Board the amount allotted to
said unit in excess of the amount an accurate attendance record would have justified.
(7)
Power to Alter the Boundaries of City School Administrative Units and to
Approve Agreements for the Consolidation and Merger of School Administrative Units
Located in the Same County. - The Board shall have authority, in its discretion, to alter
the boundaries of city school administrative units and to approve agreements submitted
by county and city boards of education requesting the merger of two or more contiguous
city school administrative units and the merger of city school administrative units with
county school administrative units and the consolidation of all the public schools in the
respective units under the administration of one board of education: Provided, that such
merger of units and reorganization of school units shall not have the effect of abolishing
any special taxes that may have been voted in any such units.
16
(8)
Power to Make Provisions for Sick Leave and for Substitute Teachers. - The
Board shall provide for sick leave with pay for all public school employees in accordance
with the provisions of this Chapter and shall promulgate rules and regulations providing
for necessary substitutes on account of sick leave and other teacher absences.
The minimum pay for a substitute teacher who holds a teaching certificate shall be sixtyfive percent (65%) of the daily pay rate of an entry-level teacher with an "A" certificate. The
minimum pay for a substitute teacher who does not hold a teaching certificate shall be fifty
percent (50%) of the daily pay rate of an entry-level teacher with an "A" certificate. The pay for
noncertified substitutes shall not exceed the pay of certified substitutes.
Local boards may use State funds allocated for substitute teachers to hire full-time
substitute teachers.
If a teacher assistant acts as a substitute teacher, the salary of the teacher assistant for the
day shall be the same as the daily salary of an entry-level teacher with an "A" certificate.
(9)
Miscellaneous Powers and Duties. - All the powers and duties exercised by the
State Board of Education shall be in conformity with the Constitution and subject to such laws as
may be enacted from time to time by the General Assembly. Among such duties are:
a.
To certify and regulate the grade and salary of teachers and other school
employees.
b.
To adopt and supply textbooks.
c.
To adopt rules requiring all local boards of education to implement the
Basic Education Program on an incremental basis within funds appropriated for that
purpose by the General Assembly and by units of local government. Beginning with the
1991-92 school year, the rules shall require each local school administrative unit to
implement fully the standard course of study in every school in the State in accordance
with the Basic Education Program so that every student in the State shall have equal
access to the curriculum as provided in the Basic Education Program and the standard
course of study.
The Board shall establish benchmarks by which to measure the progress that each
local board of education has made in implementing the Basic Education Program.
c1.
To issue an annual "report card" for the State and for each local school
administrative unit, assessing each unit's efforts to improve student performance based on
the growth in performance of the students in each school and taking into account progress
over the previous years' level of performance and the State's performance in comparison
with other states. This assessment shall take into account factors that have been shown to
affect student performance and that the State Board considers relevant to assess the
State's efforts to improve student performance. As a part of the annual "report card" for
each local school administrative unit, the State Board shall award, in accordance with
G.S. 115C-83.15, an overall numerical school achievement, growth, and performance
score on a scale of zero to 100 and a corresponding performance letter grade of A, B, C,
D, or F earned by each school within the local school administrative unit. The school
performance score and grade shall reflect student performance on annual subject-specific
assessments, college and workplace readiness measures, and graduation rates. For
schools serving students in any grade from kindergarten to eighth grade, separate
performance scores and grades shall also be awarded based on the school performance in
reading and mathematics respectively. The annual "report card" for schools serving
students in third grade also shall include the number and percentage of third grade
17
students who (i) take and pass the alternative assessment of reading comprehension; (ii)
were retained in third grade for not demonstrating reading proficiency as indicated in
G.S. 115C-83.7(a); and (iii) were exempt from mandatory third grade retention by
category of exemption as listed in G.S. 115C-83.7(b). The annual "report card" for high
schools shall also include measures of Advanced Placement course participation and
International Baccalaureate Diploma Programme participation and Advanced Placement
and International Baccalaureate examination participation and performance.
c2.
Repealed by Session Laws 1995 (Regular Session, 1996), c. 716, s. 1.
c3.
To develop a system of school building improvement reports for each
school building. The purpose of school building improvement reports is to measure
improvement in the growth in student performance at each school building from year to
year, not to compare school buildings. The Board shall include in the building reports any
factors shown to affect student performance that the Board considers relevant to assess a
school's efforts to improve student performance. Local school administrative units shall
produce and make public their school building improvement reports by March 15, 1997,
for the 1995-96 school year, by October 15, 1997, for the 1996-97 school year, and
annually thereafter. Each report shall be based on building-level data for the prior school
year.
c4.
To develop guidelines, procedures, and rules to establish, implement, and
enforce the School-Based Management and Accountability Program under Article 8B of
this Chapter in order to improve student performance, increase local flexibility and
control, and promote economy and efficiency.
d.
To formulate rules and regulations for the enforcement of the compulsory
attendance law.
e.
To manage and operate a system of insurance for public school property,
as provided in Article 38 of this Chapter.
In making substantial policy changes in administration, curriculum, or programs
the Board should conduct hearings throughout the regions of the State, whenever feasible,
in order that the public may be heard regarding these matters.
(9a), (9b) Repealed by Session Laws 2005-458, s. 1, effective October 2, 2005.
(9c) Power to Develop Content Standards and Exit Standards. - The Board shall
develop a comprehensive plan to revise content standards and the standard course of study in the
core academic areas of reading, writing, mathematics, science, history, geography, and civics.
The Board shall involve and survey a representative sample of parents, teachers, and the public
to help determine academic content standard priorities and usefulness of the content standards. A
full review of available and relevant academic content standards that are rigorous, specific,
sequenced, clear, focused, and measurable, whenever possible, shall be a part of the process of
the development of content standards. The revised content standards developed in the core
academic areas shall (i) reflect high expectations for students and an in-depth mastery of the
content; (ii) be clearly grounded in the content of each academic area; (iii) be defined grade-bygrade and course-by-course; (iv) be understandable to parents and teachers; (v) be developed in
full recognition of the time available to teach the core academic areas at each grade level; and
(vi) be measurable, whenever possible, in a reliable, valid, and efficient manner for
accountability purposes.
High school course content standards shall include the knowledge and skills necessary to
pursue further postsecondary education or to attain employment in the 21st century economy.
18
The high school course content standards also shall be aligned with the minimum undergraduate
course requirements for admission to the constituent institutions of The University of North
Carolina. The Board may develop exit standards that will be required for high school graduation.
The Board also shall develop and implement an ongoing process to align State programs
and support materials with the revised academic content standards for each core academic area
on a regular basis. Alignment shall include revising textbook criteria, support materials, State
tests, teacher and school administrator preparation, and ongoing professional development
programs to be compatible with content standards. The Board shall develop and make available
to teachers and parents support materials, including teacher and parent guides, for academic
content standards. The State Board of Education shall work in collaboration with the Board of
Governors of The University of North Carolina to ensure that teacher and school administrator
degree programs, ongoing professional development, and other university activity in the State's
public schools align with the State Board's priorities.
(10) Power to Provide for Programs or Projects in the Cultural and Fine Arts Areas. The Board is authorized and empowered, in its discretion, to make provisions for special
programs or projects of a cultural and fine arts nature for the enrichment and strengthening of
educational opportunities for the children of the State.
For this purpose, the Board may use funds received from gifts or grants and, with the
approval of the Director of the Budget, may use State funds which the Board may find available
in any budget administered by the Board.
(11) Power to Conduct Education Research. - The Board is authorized to sponsor or
conduct education research and special school projects considered important by the Board for
improving the public schools of the State. Such research or projects may be conducted during the
summer months and involve one or more local school units as the Board may determine. The
Board may use any available funds for such purposes.
(12) Duty to Provide for Sports Medicine and Emergency Paramedical Program. - The
State Board of Education is authorized and directed to develop a comprehensive plan to train and
make available to the public schools personnel who shall have major responsibility for exercising
preventive measures against sports related deaths and injuries and for providing sports medicine
and emergency paramedical services for injuries that occur in school related activities. The plan
shall include, but is not limited to, the training, assignment of responsibilities, and appropriate
additional reimbursement for individuals participating in the program.
The State Board of Education is authorized and directed to develop an implementation
schedule and a program funding formula that will enable each high school to have a qualified
sports medicine and emergency paramedical program by July 1, 1984.
The State Board of Education is authorized and directed to establish minimum
educational standards necessary to enable individuals serving as sports medicine and emergency
paramedical staff to provide such services, including first aid and emergency life saving skills, to
students participating in school activities.
(13) Power to Purchase Liability Insurance. - The Board is authorized to purchase
insurance to protect board members from liability incurred in the exercise of their duty as
members of the Board.
(14) Duty to Provide Personnel Information to Local Boards. - Upon request, the State
Board of Education and the Department of Public Instruction shall furnish to any county or city
board of education any and all available personnel information relating to certification,
evaluation and qualification including, but not limited to, semester hours or quarterly hours
19
completed, graduate work, grades, scores, etc., that are on that date in the files of the State Board
of Education or Department of Public Instruction.
(15) Duty to Develop Noncertified Personnel Position Evaluation Descriptions. - The
Board is authorized and directed to develop position evaluation descriptions covering those
positions in local school administrative units for which certification by the State Board of
Education is not normally a prerequisite. The position evaluation descriptions required in this
subdivision are to be used by local boards of education as the basis for assignment of
noncertified employees to an appropriate pay grade in accordance with salary grades and ranges
adopted by the State Board of Education. No appropriations are required by this subdivision.
(16) Power with Regard to Salary Schedules. - The Board shall provide for sick leave
with pay for all public school employees in accordance with the provisions of this Chapter and
shall promulgate rules and regulations providing for necessary substitutes on account of sick
leave and other teacher absences.
a.
Support personnel refers to all public school employees who are not
required by statute or regulation to be certified in order to be employed. The State Board
of Education is authorized and empowered to adopt all necessary rules for full
implementation of all schedules to the extent that State funds are made available for
support personnel.
b.
Salary schedules for the following public school support personnel shall
be adopted by the State Board of Education: school finance officer, office support
personnel, teacher assistants, maintenance supervisors, custodial personnel, and
transportation personnel. The Board shall classify these support positions in terms of
uniform pay grades included in the salary schedule of the State Human Resources
Commission.
By the end of the third payroll period of the 1995-96 fiscal year, local boards of
education shall place State-allotted office support personnel, teacher assistants, and
custodial personnel on the salary schedule adopted by the State Board of Education so
that the average salary paid is the State-allotted amount for the category. In placing
employees on the salary schedule, the local board shall consider the education, training,
and experience of each employee, including experience in other local school
administrative units. It is the intent of the General Assembly that a local school
administrative unit not fail to employ an employee who was employed for the prior
school year in order to implement the provisions of this sub-subdivision. A local board of
education is in compliance with this sub-subdivision if the average salary paid is at least
ninety-five percent (95%) of the State-allotted amount for the category at the end of the
third payroll period of the 1995-96 fiscal year, and at least ninety-eight percent (98%) of
the State-allotted amount for the category at the end of the third payroll period of each
subsequent fiscal year. The Department of Public Instruction shall provide technical
assistance to local school administrative units regarding the implementation of this subsubdivision.
c.
Salary schedules for other support personnel, including but not limited to
maintenance and school food service personnel, shall be adopted by the State Board of
Education. The Board shall classify these support positions in terms of uniform pay
grades included in the salary schedule of the State Human Resources Commission. These
schedules shall apply if the local board of education does not adopt a salary schedule of
its own for personnel paid from other than State appropriations.
20
(17) Power to Provide for School Transportation Programs. - The State Board of
Education is authorized and empowered to promulgate such policies, rules, and regulations as it
may deem necessary and desirable for the operation of a public school transportation system by
each local administrative unit in the State. Such policies, rules, and regulations shall include, but
are not limited to, fund allocations and fiscal support to assure the effective and efficient use of
funds appropriated by the General Assembly in support of the school transportation system.
Nothing herein shall be construed to affect in any way or to lessen in any way the full and
complete authority of local boards of education to assign pupils to schools in accordance with
G.S. 115C-366.
(18) Duty to Develop and Implement a Uniform Education Reporting System, Which
Shall Include Standards and Procedures for Collecting Fiscal and Personnel Information. a.
The State Board of Education shall adopt standards and procedures for
local school administrative units to provide timely, accurate, and complete fiscal and
personnel information, including payroll information, on all school personnel.
b.
The State Board of Education shall develop and implement a Uniform
Education Reporting System that shall include requirements for collecting, processing,
and reporting fiscal, personnel, and student data, by means of electronic transfer of data
files from local computers to the State Computer Center through the State
Communications Network.
c.
The State Board of Education shall comply with the provisions of G.S.
116-11(10a) to plan and implement an exchange of information between the public
schools and the institutions of higher education in the State. The State Board of
Education shall require local boards of education to provide to the parents of children at a
school all information except for confidential information received about that school
from institutions of higher education pursuant to G.S. 116-11(10a) and to make that
information available to the general public.
d.
The State Board of Education shall modify the Uniform Education
Reporting System to provide clear, accurate, and standard information on the use of funds
at the unit and school level. The plan shall provide information that will enable the
General Assembly to determine State, local, and federal expenditures for personnel at the
unit and school level. The plan also shall allow the tracking of expenditures for
textbooks, educational supplies and equipment, capital outlay, at-risk students, and other
purposes.
e.
When practicable, reporting requirements developed by the State Board of
Education as part of the Uniform Education Reporting System under this subdivision
shall be incorporated into the PowerSchool application or any other component of the
Instructional Improvement System to minimize duplicative reporting by local school
administrative units.
(19) Duty to Identify Required Reports and to Eliminate Unnecessary Reports and
Paperwork. - Prior to the beginning of each school year, the State Board of Education shall
identify all reports that are required at the State level for the school year.
The State Board of Education shall adopt policies to ensure that local school
administrative units are not required by the State Board of Education, the State Superintendent,
or the Department of Public Instruction staff to (i) provide information that is already available
on the student information management system or housed within the Department of Public
Instruction; (ii) provide the same written information more than once during a school year unless
21
the information has changed during the ensuing period; (iii) complete forms, for children with
disabilities, that are not necessary to ensure compliance with the federal Individuals with
Disabilities Education Act (IDEA); or (iv) provide information that is unnecessary to comply
with State or federal law and not relevant to student outcomes and the efficient operation of the
public schools. Notwithstanding the foregoing, the State Board may require information
available on its student information management system or require the same information twice if
the State Board can demonstrate a compelling need and can demonstrate there is not a more
expeditious manner of getting the information.
The State Board shall permit schools and local school administrative units to submit all
reports to the Department of Public Instruction electronically.
The State Board of Education, in collaboration with the education roundtables within the
Department of Public Instruction, shall consolidate all plans that affect the school community,
including school improvement plans. The consolidated plan shall be posted on each school's
Web site for easy access by the public and by school personnel.
The State Board shall report to the Joint Legislative Education Oversight Committee by
November 15 of each year on the reports identified that are required at the State level, the
evaluation and determination for continuing individual reports, including the consideration of
whether those reports exceed what is required by State and federal law, and any reports that it
has consolidated or eliminated for the upcoming school year.
(19a) Duty to Consolidate Applications for State Funding. - The State Board of
Education shall adopt policies to streamline the process for local school administrative units
applying for State funding. The policies shall provide for a consolidation of all such applications.
(20) Duty to Report Appointment of Caretaker Administrators and Boards. - Pursuant
to G.S. 120-30.9G the State Board of Education shall submit to the Attorney General of the
United States within 30 days any rules, policies, procedures, or actions taken pursuant to G.S.
115C-64.4 which could result in the appointment of a caretaker administrator or board to
perform any of the powers and duties of a local board of education where that school
administrative unit is covered by the Voting Rights Act of 1965.
(21) Duty to Monitor Acts of School Violence. - The State Board of Education shall
monitor and compile an annual report on acts of violence in the public schools. The State Board
shall adopt standard definitions for acts of school violence and shall require local boards of
education to report them to the State Board in a standard format adopted by the State Board. The
State Board shall submit its report on acts of violence in the public schools to the Joint
Legislative Education Oversight Committee by March 15 of each year.
(22) Duty to Monitor the Decisions of Teachers to Leave the Teaching Profession. The State Board of Education shall monitor and compile an annual report on the decisions of
teachers to leave the teaching profession. The State Board shall adopt standard procedures for
each local board of education to use in requesting the information from teachers who are not
continuing to work as teachers in the local school administrative unit and shall require each local
board of education to report the information to the State Board in a standard format adopted by
the State Board.
(23) Power to Adopt Eligibility Rules for Interscholastic Athletic Competition. - The
State Board of Education shall adopt rules governing interscholastic athletic activities conducted
by local boards of education, including eligibility for student participation. With regard to middle
schools and high schools, the rules shall provide for the following:
22
a.
All coaches, school nurses, athletic directors, first responders, volunteers,
students who participate in interscholastic athletic activities, and the parents of those
students shall receive, on an annual basis, a concussion and head injury information
sheet. School employees, first responders, volunteers, and students must sign the sheet
and return it to the coach before they can participate in interscholastic athletic activities,
including tryouts, practices, or competition. Parents must sign the sheet and return it to
the coach before their children can participate in any such interscholastic athletic
activities. The signed sheets shall be maintained in accordance with sub-subdivision d. of
this subdivision.
For the purpose of this subdivision, a concussion is a traumatic brain injury
caused by a direct or indirect impact to the head that results in disruption of normal brain
function, which may or may not result in loss of consciousness.
b.
If a student participating in an interscholastic athletic activity exhibits
signs or symptoms consistent with concussion, the student shall be removed from the
activity at that time and shall not be allowed to return to play or practice that day. The
student shall not return to play or practice on a subsequent day until the student is
evaluated by and receives written clearance for such participation from (i) a physician
licensed under Article 1 of Chapter 90 of the General Statutes with training in concussion
management, (ii) a neuropsychologist licensed under Article 18A of Chapter 90 of the
General Statutes with training in concussion management and working in consultation
with a physician licensed under Article 1 of Chapter 90 of the General Statutes, (iii) an
athletic trainer licensed under Article 34 of Chapter 90 of the General Statutes, (iv) a
physician assistant, consistent with the limitations of G.S. 90-18.1, or (v) a nurse
practitioner, consistent with the limitations of G.S. 90-18.2.
c.
Each school shall develop a venue specific emergency action plan to deal
with serious injuries and acute medical conditions in which the condition of the patient
may deteriorate rapidly. The plan shall include a delineation of roles, methods of
communication, available emergency equipment, and access to and plan for emergency
transport. This plan must be (i) in writing, (ii) reviewed by an athletic trainer licensed in
North Carolina, (iii) approved by the principal of the school, (iv) distributed to all
appropriate personnel, (v) posted conspicuously at all venues, and (vi) reviewed and
rehearsed annually by all licensed athletic trainers, first responders, coaches, school
nurses, athletic directors, and volunteers for interscholastic athletic activities.
d.
Each school shall maintain complete and accurate records of its
compliance with the requirements of this subdivision pertaining to head injuries.
The State Board of Education may authorize a designated organization to apply and
enforce the Board's rules governing participation in interscholastic athletic activities at
the high school level.
(24) Duty to Develop Standards for Alternative Learning Programs, Provide Technical
Assistance on Implementation of Programs, and Evaluate Programs. - The State Board of
Education shall adopt standards for assigning students to alternative learning programs. These
standards shall include (i) a description of the programs and services that are recommended to be
provided in alternative learning programs and (ii) a process for ensuring that an assignment is
appropriate for the student and that the student's parents are involved in the decision. The State
Board also shall adopt policies that define what constitutes an alternative school and an
alternative learning program.
23
The State Board of Education shall also adopt standards to require that local school
administrative units shall use (i) the teachers allocated for students assigned to alternative
learning programs pursuant to the regular teacher allotment and (ii) the teachers allocated for
students assigned to alternative learning programs only to serve the needs of these students.
The State Board of Education shall provide technical support to local school
administrative units to assist them in developing and implementing plans and proposals for
alternative learning programs.
The State Board shall evaluate the effectiveness of alternative learning programs and, in
its discretion, of any other programs funded from the Alternative Schools/At-Risk Student
allotment. Local school administrative units shall report to the State Board of Education on how
funds in the Alternative Schools/At-Risk Student allotment are spent and shall otherwise
cooperate with the State Board of Education in evaluating the alternative learning programs. As
part of its evaluation of the effectiveness of these programs, the State Board shall, through the
application of the accountability system developed under G.S. 115C-83.15 and G.S. 115C105.35, measure the educational performance and growth of students placed in alternative
schools and alternative programs. If appropriate, the Board may modify this system to adapt to
the specific characteristics of these schools. Also as part of its evaluation, the State Board shall
evaluate its standards adopted under this subdivision and make any necessary changes to those
standards based on strategies that have been proven successful in improving student achievement
and shall report to the Joint Legislative Education Oversight Committee by April 15, 2006 to
determine if any changes are necessary to improve the implementation of successful alternative
learning programs and alternative schools.
(25) Duty to Report to Joint Legislative Education Oversight Committee. - Upon the request
of the Joint Legislative Education Oversight Committee, the State Board shall examine and
evaluate issues, programs, policies, and fiscal information, and shall make reports to that
Committee. Furthermore, beginning October 15, 1997, and annually thereafter, the State Board
shall submit reports to that Committee regarding the continued implementation of Chapter 716 of
the 1995 Session Laws, 1996 Regular Session. Each report shall include information regarding
the composition and activity of assistance teams, schools that received incentive awards, schools
identified as low-performing, school improvement plans found to significantly improve student
performance, personnel actions taken in low-performing schools, and recommendations for
additional legislation to improve student performance and increase local flexibility.
(25a) [Development of Goals and Annual Report on Improvement in Graduation Rate.]
Prior to the 2010-2011 school year, the State Board of Education shall:
a.
Develop a growth model establishing annual goals for continuous and
substantial improvement in the four-year cohort graduation rate by local school
administrative units.
b.
Establish as a short-term goal that local school administrative units meet
the annual growth model goals for improvement in the four-year cohort graduation rate
beginning with the graduating class of 2011 and continuing annually thereafter.
c.
Establish as long-term minimum goals statewide four-year cohort
graduation rates of seventy-four percent (74%) by 2014; eighty percent (80%) by 2016;
and ninety percent (90%) by 2018.
d.
Establish as a long-term goal with benchmarks and recommendations to
reach a statewide four-year cohort graduation rate of one hundred percent (100%).
24
The State Board of Education shall report to the Joint Legislative Education
Oversight Committee by November 15, 2010, and annually thereafter on the goals,
benchmarks, and recommendations described in this section. Such goals, benchmarks,
and recommendations shall appropriately differentiate for students with disabilities and
other specially identified subcategories within each four-year cohort. The report shall
include goals and benchmarks by local school administrative unit, the strategies and
recommendations for achieving the goals and benchmarks, any evidence or data
supporting the strategies and recommendations, and the identity of the persons employed
by the State Board of Education who are responsible for oversight of local school
administrative units in achieving the goals and benchmarks.
(25b) Repealed by Session Laws 2012-142, s. 7.13(d), effective July 1, 2012.
(26) Repealed by Session Laws 2012-142, s. 7.13(f), effective July 1, 2012.
(27) Reporting Dropout Rates, Corporal Punishment, Suspensions, Expulsions, and
Alternative Placements. - The State Board shall report by March 15 of each year to the Joint
Legislative Education Oversight Committee on the numbers of students who have dropped out of
school, been subjected to corporal punishment, been suspended, been expelled, been reassigned
for disciplinary purposes, or been provided alternative education services. The data shall be
reported in a disaggregated manner, reflecting the local school administrative unit, race, gender,
grade level, ethnicity, and disability status of each affected student. Such data shall be readily
available to the public. The State Board shall not include students that have been expelled from
school when calculating the dropout rate. The Board shall maintain a separate record of the
number of students who are expelled from school and the reasons for the expulsion.
(27a) Reducing School Dropout Rates. - The State Board of Education shall develop a
statewide plan to improve the State's tracking of dropout data so that accurate and useful
comparisons can be made over time. The plan shall include, at a minimum, how dropouts are
counted and the methodology for calculating the dropout rate, the ability to track students
movements among schools and districts, and the ability to provide information on who drops out
and why.
(28) Duty to Develop Rules for Issuance of Driving Eligibility Certificates. - The State
Board of Education shall adopt the following rules to assist schools in their administration of
procedures necessary to implement G.S. 20-11 and G.S. 20-13.2:
a.
To define what is equivalent to a high school diploma for the purposes of
G.S. 20-11 and G.S. 20-13.2. These rules shall apply to all educational programs offered
in the State by public schools, charter schools, nonpublic schools, or community colleges.
b.
To establish the procedures a person who is or was enrolled in a public
school or in a charter school must follow and the requirements that person shall meet to
obtain a driving eligibility certificate.
c.
To require the person who is required under G.S. 20-11(n) to sign the
driving eligibility certificate to provide the certificate if he or she determines that one of
the following requirements is met:
1.
The person seeking the certificate is eligible for the certificate
under G.S. 20-11(n)(1) and is not subject to G.S. 20-11(n1).
2.
The person seeking the certificate is eligible for the certificate
under G.S. 20-11(n)(1) and G.S. 20-11(n1).
These rules shall apply to public schools and charter schools.
25
d.
To provide for an appeal to an appropriate education authority by a person
who is denied a driving eligibility certificate. These rules shall apply to public schools
and charter schools.
e.
To define exemplary student behavior and to define what constitutes the
successful completion of a drug or alcohol treatment counseling program. These rules
shall apply to public schools and charter schools.
The State Board also shall develop policies as to when it is appropriate to
notify the Division of Motor Vehicles that a person who is or was enrolled in a public school or
in a charter school no longer meets the requirements for a driving eligibility certificate.
The State Board shall develop a form for parents, guardians, or
emancipated juveniles, as appropriate, to provide their written, irrevocable consent for a school
to disclose to the Division of Motor Vehicles that the student no longer meets the conditions for
a driving eligibility certificate under G.S. 20-11(n)(1) or G.S. 20-11(n1), if applicable, in the
event that this disclosure is necessary to comply with G.S. 20-11 or G.S. 20-13.2. Other than
identifying under which statutory subsection the student is no longer eligible, no other details or
information concerning the student's school record shall be released pursuant to this consent.
This form shall be used for students enrolled in public schools or charter schools.
The State Board of Education may use funds appropriated for drivers
education to cover the costs of driving eligibility certificates.
(29) To Issue Special High School Diplomas to Veterans of World War II, Korea, and
Vietnam. - The State Board of Education shall issue special high school diplomas to all
honorably discharged veterans of World War II, the Korean Conflict, and the Vietnam era who
request special diplomas and have not previously received high school diplomas.
(30) Duty to Adopt Model Guidelines and Policies for the Establishment of Local
Task Forces on Closing the Academic Achievement Gap. - The State Board shall adopt a Model
for local school administrative units to use as a guideline to establish local task forces on closing
the academic achievement gap at the discretion of the local board. The purpose of each task force
is to advise and work with its local board of education and administration on closing the gap in
academic achievement and on developing a collaborative plan for achieving that goal. The State
Board shall consider the recommendations of the Commission on Improving the Academic
Achievement of Minority and At-Risk Students to the 2001 Session of the General Assembly in
establishing its guidelines.
(30a) Duty to Assist Schools in Meeting Adequate Yearly Progress. - The State Board
of Education shall:
a.
Identify which schools are meeting adequate yearly progress with
subgroups as specified in the No Child Left Behind Act of 2001;
b.
Study the instructional, administrative, and fiscal practices and policies
employed by the schools selected by the State Board of Education that are meeting
adequate yearly progress specified in the No Child Left Behind Act of 2001;
c.
Create assistance models for each subgroup based on the practices and
policies used in schools that are meeting adequate yearly progress. The schools of
education at the constituent institutions of The University of North Carolina, in
collaboration with the University of North Carolina Center for School Leadership
Development, shall assist the State Board of Education in developing these models; and
d.
Offer technical assistance based on these assistance models to local school
administrative units not meeting adequate yearly progress, giving priority to those local
26
school administrative units with high concentrations of schools that are not meeting
adequate yearly progress. The State Board of Education shall determine the number of
local school administrative units that can be served effectively in the first two years. This
technical assistance shall include peer assistance and professional development by
teachers, support personnel, and administrators in schools with subgroups that are
meeting adequate yearly progress.
(31) To Adopt Guidelines for Individual Diabetes Care Plans. - The State Board shall
adopt guidelines for the development and implementation of individual diabetes care plans. The
State Board shall consult with the North Carolina Diabetes Advisory Council established by the
Department of Health and Human Services in the development of these guidelines. The State
Board also shall consult with local school administrative unit employees who have been
designated as responsible for coordinating their individual unit's efforts to comply with federal
regulations adopted under Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C.
§ 794. In its development of these guidelines, the State Board shall refer to the guidelines
recommended by the American Diabetes Association for the management of children with
diabetes in the school and day care setting and shall consider recent resolutions by the United
States Department of Education's Office of Civil Rights of investigations into complaints
alleging discrimination against students with diabetes.
The guidelines adopted by the State Board shall include:
a.
Procedures for the development of an individual diabetes care plan at the
written request of the student's parent or guardian, and involving the parent or guardian,
the student's health care provider, the student's classroom teacher, the student if
appropriate, the school nurse if available, and other appropriate school personnel.
b.
Procedures for regular review of an individual care plan.
c.
Information to be included in a diabetes care plan, including the
responsibilities and appropriate staff development for teachers and other school
personnel, an emergency care plan, the identification of allowable actions to be taken, the
extent to which the student is able to participate in the student's diabetes care and
management, and other information necessary for teachers and other school personnel in
order to offer appropriate assistance and support to the student. The State Board shall
ensure that the information and allowable actions included in a diabetes care plan as
required in this subdivision meet or exceed the American Diabetes Association's
recommendations for the management of children with diabetes in the school and day
care setting.
d.
Information and staff development to be made available to teachers and
other school personnel in order to appropriately support and assist students with diabetes.
The State Board shall ensure that these guidelines are updated as necessary and shall
ensure that the guidelines and any subsequent changes are published and disseminated to local
school administrative units.
(32) Duty to Encourage Early Entry of Motivated Students into Four-Year College
Programs. - The State Board of Education, in cooperation with the Education Cabinet, shall work
with local school administrative units, the constituent institutions of The University of North
Carolina, local community colleges, and private colleges and universities to (i) encourage early
entry of motivated students into four-year college programs and to (ii) ensure that there are
opportunities at four-year institutions for academically talented high school students to get an
early start on college coursework, either at nearby institutions or through distance learning.
27
The State Board of Education shall also adopt policies directing school guidance
counselors to make ninth grade students aware of the potential to complete the high school
courses required for college entry in a three-year period.
(33) Duty to Develop Recommended Programs for Use in Schools on Memorial Day.
- The State Board of Education shall develop recommended instructional programs that enable
students to gain a better understanding of the meaning and importance of Memorial Day. All
schools, especially schools that hold school on Memorial Day, shall instruct students on the
significance of Memorial Day.
(34) Duty to Protect the Health of School-Age Children From Toxicants at School. The State Board shall address public health and environmental issues in the classroom and on
school grounds by doing all of the following:
a.
Develop guidelines for sealing existing arsenic-treated wood in
playground equipment or establish a time line for removing existing arsenic-treated wood
on playgrounds and testing the soil on school grounds for contamination caused by the
leaching of arsenic-treated wood in other areas where children may be at particularly high
risk of exposure.
b.
Establish guidelines to reduce students' exposure to diesel emissions that
can occur as a result of unnecessary school bus idling, nose-to-tail parking, and
inefficient route assignments.
c.
Study methods for mold and mildew prevention and mitigation and
incorporate recommendations into the public school facilities guidelines as needed.
d.
Establish guidelines for Integrated Pest Management consistent with the
policy of The North Carolina School Boards Association, Inc., as published in 2004.
These guidelines may be updated as needed to reflect changes in technology.
e.
Establish guidelines for notification of students' parents, guardians, or
custodians as well as school staff of pesticide use on school grounds.
(35) To Encourage Local Boards of Education to Enter into Agreements Regarding
the Joint Use of Facilities for Physical Activity. - The State Board of Education shall encourage
local boards of education to enter into agreements with local governments and other entities
regarding the joint use of their facilities for physical activity. The agreements should delineate
opportunities, guidelines, and the roles and responsibilities of the parties, including
responsibilities for maintenance and liability.
(36) Duty to Charge Tuition for the Governor's School of North Carolina. - The State
Board of Education may implement a tuition charge for students attending the Governor's School
of North Carolina to cover the costs of the School.
(37) To Adopt Guidelines for Fitness Testing. - The State Board of Education shall
adopt guidelines for the development and implementation of evidence-based fitness testing for
students statewide in grades kindergarten through eight.
(38) Repealed by Session Laws 2012-194, s. 55(a), effective July 17, 2012.
(39) Power to Accredit Schools. - Upon the request of a local board of education, the
State Board of Education shall evaluate schools in local school administrative units to determine
whether the education provided by those schools meets acceptable levels of quality. The State
Board shall adopt rigorous academic standards for accreditation after consideration of (i) the
standards of regional and national accrediting agencies, (ii) the Common Core Standards adopted
by the National Governors Association Center for Best Practices and the Council of Chief State
School Officers, and (iii) other information it deems appropriate.
28
The local school administrative unit shall compensate the State Board for the actual costs
of the accreditation process.
(40) To Establish High School Diploma Endorsements. - The State Board of
Education shall establish, implement, and determine the impact of adding (i) college, (ii) career,
and (iii) college and career endorsements to high school diplomas to encourage students to obtain
requisite job skills and to reduce the need for remedial education in institutions of higher
education. These endorsements shall reflect courses completed, overall grade point average, and
other criteria as developed by the State Board of Education. The State Board of Education shall
report annually to the Joint Legislative Education Oversight Committee on the impact of
awarding these endorsements on high school graduation, college acceptance and remediation,
and post-high school employment rates.
(41) To Establish Career and Technical Education Incentives. - The State Board of
Education shall establish, implement, and determine the impact of a career and technical
education incentive program as provided under G.S. 115C-156.2. (1955, c. 1372, art. 2, s. 2; art.
17, s. 6; art. 18, s. 2; 1957, c. 541, s. 11; 1959, c. 1294; 1961, c. 969; 1963, c. 448, ss. 24, 27; c.
688, ss. 1, 2; c. 1223, s. 1; 1965, c. 584, s. 20.1; c. 1185, s. 2; 1967, c. 643, s. 1; 1969, c. 517, s.
1; 1971, c. 704, s. 4; c. 745; 1973, c. 236; c. 476, s. 138; c. 675; 1975, c. 686, s. 1; c. 699, s. 2; c.
975; 1979, c. 300, s. 1; c. 935; c. 986; 1981, c. 423, s. 1; 1983, c. 630, s. 1; 1983 (Reg. Sess.,
1984), c. 1034, s. 16; 1985, c. 479, s. 55(c)(3); c. 757, s. 145(a); 1985 (Reg. Sess., 1986), c. 975,
s. 24; 1987, c. 414, s. 1; 1987 (Reg. Sess., 1988), c. 1025, ss. 1, 3; 1989, c. 585, s. 1; c. 752, s.
65(c); c. 778, s. 6; 1991, c. 529, s. 3; c. 689, s. 196(b); 1991 (Reg. Sess., 1992), c. 880, s. 3; c.
900, s. 75.1(e); 1993, c. 321, ss. 125, 133(a), 139(b); 1993 (Reg. Sess., 1994), c. 769, ss. 19(a),
19.9; 1995, c. 60, s. 1; c. 324, s. 17.15(a); c. 450, s. 4; c. 509, s. 59; 1995 (Reg. Sess., 1996), c.
716, s. 1; 1996, 2nd Ex. Sess., c. 18, ss. 18.4, 18.28(a); 1997-18, s. 15(a), (c)-(e); 1997-221, s.
12(a); 1997-239, s. 1; 1997-443, s. 8.27(a), (e); 1997-443, s. 8.29(o), (u); 1997-507, s. 3; 1998153, s. 16(b); 1998-212, ss. 9.16(a), 9.23; 1999-237, s. 8.25(d); 1999-243, s. 5; 1999-397, s. 3;
2001-86, s. 1; 2001-151, s. 1; 2001-424, ss. 28.30(e), (f), 31.4(a); 2002-103, s. 1; 2002-126, s.
7.15; 2002-159, s. 63; 2002-178, s. 1(a); 2003-251, s. 1; 2003-419, s. 1; 2005-155, s. 1; 2005276, ss. 7.18, 9.34(a); 2005-446, s. 1; 2005-458, ss. 1, 2; 2006-75, s. 1; 2006-143, s. 1; 2006-203,
s. 30; 2006-260, s. 1; 2009-305, s. 4; 2009-334, s. 1; 2009-451, s. 7.39(a); 2010-31, s. 7.5(c), (g);
2010-111, s. 1; 2010-112, s. 4(a); 2010-161, s. 1; 2011-145, ss. 7.9, 7.13(a); 2011-147, s. 3;
2011-185, s. 9(b); 2011-282, s. 4; 2011-306, s. 3; 2011-379, ss. 2(a), (b), 6(a); 2011-391, s.
14(b); 2012-142, ss. 7.13(d), (f), 7A.3(a); 2012-194, s. 55(a); 2013-1, s. 1(a); 2013-226, ss. 9(e),
(f); 2013-360, ss. 8.27(a), 8.28(a), 9.4(c), (d); 2013-382, s. 9.1(c).)
§ 115C-45. Judicial functions of board.
(a)
Power to Subpoena and to Punish for Contempt. - Local boards of education shall
have power to issue subpoenas for the attendance of witnesses. Subpoenas may be issued in any
and all matters which may lawfully come within the powers of the board and which, in the
discretion of the board, require investigation; and it shall be the duty of the sheriff or any process
serving officer to serve such subpoena upon payment of their lawful fees.
Local boards of education shall have power to punish for contempt for any disorderly conduct or
disturbance tending to disrupt them in the transaction of official business.
(b)
Witness Failing to Appear; Misdemeanor. - Any witness who shall wilfully and
without legal excuse fail to appear before a local board of education to testify in any manner
under investigation by the board shall be guilty of a Class 3 misdemeanor.
29
(c)
(Applicable to employees employed before July 1, 2014) Appeals to Board of
Education and to Superior Court. - An appeal shall lie to the local board of education from any
final administrative decision in the following matters:
(1)
The discipline of a student under G.S. 115C-390.7, 115C-390.10, or
115C-390.11;
(2)
An alleged violation of a specified federal law, State law, State Board of
Education policy, State rule, or local board policy, including policies regarding grade
retention of students;
(3)
The terms or conditions of employment or employment status of a school
employee; and
(4)
Any other decision that by statute specifically provides for a right of
appeal to the local board of education and for which there is no other statutory appeal
procedure.
As used in this subsection, the term "final administrative decision" means a decision of a
school employee from which no further appeal to a school administrator is available.
Any person aggrieved by a decision not covered under subdivisions (1) through (4) of
this subsection shall have the right to appeal to the superintendent and thereafter shall have the
right to petition the local board of education for a hearing, and the local board may grant a
hearing regarding any final decision of school personnel within the local school administrative
unit. The local board of education shall notify the person making the petition of its decision
whether to grant a hearing.
In all appeals to the board it is the duty of the board of education to see that a proper
notice is given to all parties concerned and that a record of the hearing is properly entered in the
records of the board conducting the hearing.
The board of education may designate hearing panels composed of not less than two
members of the board to hear and act upon such appeals in the name and on behalf of the board
of education.
An appeal of right brought before a local board of education under subdivision (1), (2),
(3), or (4) of this subsection may be further appealed to the superior court of the State on the
grounds that the local board's decision is in violation of constitutional provisions, is in excess of
the statutory authority or jurisdiction of the board, is made upon unlawful procedure, is affected
by other error of law, is unsupported by substantial evidence in view of the entire record as
submitted, or is arbitrary or capricious. However, the right of a noncertified employee to appeal
decisions of a local board under subdivision (3) of this subsection shall only apply to decisions
concerning the dismissal, demotion, or suspension without pay of the noncertified employee. A
noncertified employee may request and shall be entitled to receive written notice as to the
reasons for the employee's dismissal, demotion, or suspension without pay. The notice shall be
provided to the employee prior to any local board of education hearing on the issue. This
subsection shall not alter the employment status of a noncertified employee.
(c)
(Applicable to employees employed on or after July 1, 2014) Appeals to Board
of Education and to Superior Court. - An appeal shall lie to the local board of education from any
final administrative decision in the following matters:
(1)
The discipline of a student under G.S. 115C-390.7, 115C-390.10, or
115C-390.11;
30
(2)
An alleged violation of a specified federal law, State law, State Board of
Education policy, State rule, or local board policy, including policies regarding grade
retention of students;
(3)
The terms or conditions of employment or employment status of a school
employee; and
(4)
Any other decision that by statute specifically provides for a right of
appeal to the local board of education and for which there is no other statutory appeal
procedure.
As used in this subsection, the term "final administrative decision" means a decision of a
school employee from which no further appeal to a school administrator is available.
Any person aggrieved by a decision not covered under subdivisions (1) through (4) of
this subsection shall have the right to appeal to the superintendent and thereafter shall have the
right to petition the local board of education for a hearing, and the local board may grant a
hearing regarding any final decision of school personnel within the local school administrative
unit. The local board of education shall notify the person making the petition of its decision
whether to grant a hearing.
In all appeals to the board it is the duty of the board of education to see that a proper
notice is given to all parties concerned and that a record of the hearing is properly entered in the
records of the board conducting the hearing.
The board of education may designate hearing panels composed of not less than two
members of the board to hear and act upon such appeals in the name and on behalf of the board
of education.
An appeal of right brought before a local board of education under subdivision (1), (2), or
(4) of this subsection may be further appealed to the superior court of the State on the grounds
that the local board's decision is in violation of constitutional provisions, is in excess of the
statutory authority or jurisdiction of the board, is made upon unlawful procedure, is affected by
other error of law, is unsupported by substantial evidence in view of the entire record as
submitted, or is arbitrary or capricious. (1955, c. 1372, art. 5, ss. 15-17; 1971, c. 647; 1981, c.
423, s. 1; 1993, c. 539, s. 881; 1994, Ex. Sess., c. 24, s. 14(c); 2001-260, s. 1; 2001-500, s. 6;
2011-282, s. 5; 2013-360, s. 9.6(c).)
§ 115C-238.29B. Eligible applicants; contents of applications; submission of applications
for approval.
(a)
Any nonprofit corporation seeking to establish a charter school may apply to
establish a charter school. If the applicant seeks to convert a public school to a charter school, the
application shall include a statement signed by a majority of the teachers and instructional
support personnel currently employed at the school indicating that they favor the conversion and
evidence that a significant number of parents of children enrolled in the school favor conversion.
(b)
The application shall contain at least the following information:
(1)
A description of a program that implements one or more of the purposes
in G.S. 115C-238.29A.
(2)
A description of student achievement goals for the school's educational
program and the method of demonstrating that students have attained the skills and
knowledge specified for those student achievement goals.
31
(3)
The governance structure of the school including the names of the initial
members of the board of directors of the nonprofit, tax-exempt corporation and the
process to be followed by the school to ensure parental involvement.
(3a) The local school administrative unit in which the school will be located.
(4)
Admission policies and procedures.
(5)
A proposed budget for the school and evidence that the financial plan for
the school is economically sound.
(6)
Requirements and procedures for program and financial audits.
(7)
A description of how the school will comply with G.S. 115C-238.29F.
(8)
Types and amounts of insurance coverage, including bonding insurance
for the principal officers of the school, to be obtained by the charter school.
(9)
The term of the charter.
(10) The qualifications required for individuals employed by the school.
(11) The procedures by which students can be excluded from the charter
school and returned to a public school. Notwithstanding any law to the contrary, any local
board may refuse to admit any student who is suspended or expelled from a charter
school due to actions that would lead to suspension or expulsion from a public school
under G.S. 115C-390.5 through G.S. 115C-390.11 until the period of suspension or
expulsion has expired.
(12) The number of students to be served, which number shall be at least 65,
and the minimum number of teachers to be employed at the school, which number shall
be at least three. However, the charter school may serve fewer than 65 students or employ
fewer than three teachers if the application contains a compelling reason, such as the
school would serve a geographically remote and small student population.
(13)
Information regarding the facilities to be used by the school and the
manner in which administrative services of the school are to be provided.
(14) Repealed by Session Laws 1997-430, s. 1.
(c),
(d) Repealed by Session Laws 2013-355, s. 1(b), effective July 25, 2013.
(e)
The State Board shall establish reasonable fees of no less than five hundred
dollars ($500.00) and no more than one thousand dollars ($1,000) for initial and renewal charter
applications, in accordance with Article 2A of Chapter 150B of the General Statutes. No
application fee shall be refunded in the event the application is rejected or the charter is revoked.
(1995 (Reg. Sess., 1996), c. 731, s. 2; 1997-430, s. 1; 2011-282, s. 8; 2013-355, s. 1(b).)
§ 115C-238.29F. General requirements.
(a)
Health and Safety Standards. - A charter school shall meet the same health and
safety requirements required of a local school administrative unit. The Department of Public
Instruction shall ensure that charter schools provide parents and guardians with information
about meningococcal meningitis and influenza and their vaccines at the beginning of every
school year. This information shall include the causes, symptoms, and how meningococcal
meningitis and influenza are spread and the places where parents and guardians may obtain
additional information and vaccinations for their children.
The Department of Public Instruction shall also ensure that charter schools provide
parents and guardians with information about cervical cancer, cervical dysplasia, human
papillomavirus, and the vaccines available to prevent these diseases. This information shall be
provided at the beginning of the school year to parents of children entering grades five through
32
12. This information shall include the causes and symptoms of these diseases, how they are
transmitted, how they may be prevented by vaccination, including the benefits and possible side
effects of vaccination, and the places where parents and guardians may obtain additional
information and vaccinations for their children.
The Department of Public Instruction shall also ensure that charter schools provide
students in grades seven through 12 with information annually on the preventable risks for
preterm birth in subsequent pregnancies, including induced abortion, smoking, alcohol
consumption, the use of illicit drugs, and inadequate prenatal care.
The Department of Public Instruction shall also ensure that charter schools provide
students in grades nine through 12 with information annually on the manner in which a parent
may lawfully abandon a newborn baby with a responsible person, in accordance with G.S. 7B500.
The Department of Public Instruction shall also ensure that the guidelines for individual
diabetes care plans adopted by the State Board of Education under G.S. 115C-12(31) are
implemented in charter schools in which students with diabetes are enrolled and that charter
schools otherwise comply with the provisions of G.S. 115C-375.3.
(a1) Emergency Response Plan. - A charter school, in coordination with local law
enforcement agencies, is encouraged to adopt an emergency response plan relating to incidents
of school violence. These plans are not considered a public record as the term "public record" is
defined under G.S. 132-1 and shall not be subject to inspection and examination under G.S. 1326.
Charter schools are encouraged to provide schematic diagrams and keys to the main entrance of
school facilities to local law enforcement agencies, in addition to implementing the provisions in
G.S. 115C-105.49(b) and G.S. 115C-105.52.
(b)
School Nonsectarian. - A charter school shall be nonsectarian in its programs,
admission policies, employment practices, and all other operations and shall not charge tuition or
fees, except that a charter school may charge any fees that are charged by the local school
administrative unit in which the charter school is located. A charter school shall not be affiliated
with a nonpublic sectarian school or a religious institution.
(c)
Civil Liability and Insurance. (1)
The board of directors of a charter school may sue and be sued. The State
Board of Education shall adopt rules to establish reasonable amounts and types of
liability insurance that the board of directors shall be required by the charter to obtain.
The board of directors shall obtain at least the amount of and types of insurance required
by these rules to be included in the charter. Any sovereign immunity of the charter
school, of the organization that operates the charter school, or its members, officers, or
directors, or of the employees of the charter school or the organization that operates the
charter school, is waived to the extent of indemnification by insurance.
(2)
No civil liability shall attach to the State Board of Education, or to any of
their members or employees, individually or collectively, for any acts or omissions of the
charter school.
(d)
Instructional Program. (1)
The school shall provide instruction each year for at least 185 days or
1,025 hours over nine calendar months.
33
(2)
The school shall design its programs to at least meet the student
performance standards adopted by the State Board of Education and the student
performance standards contained in the charter.
(3)
A charter school shall conduct the student assessments required by the
State Board of Education.
(4)
The school is subject to and shall comply with Article 9 of Chapter 115C
of the General Statutes and The Individuals with Disabilities Education Improvements
Act, 20 U.S.C. § 1400, et seq., (2004), as amended.
(5)
The school is subject to and shall comply with Article 27 of Chapter 115C
of the General Statutes, except that a charter school may also exclude a student from the
charter school and return that student to another school in the local school administrative
unit in accordance with the terms of its charter after due process.
(d1) Reading Proficiency and Student Promotion. (1)
Students in the third grade shall be retained if the student fails to
demonstrate reading proficiency by reading at or above the third grade level as
demonstrated by the results of the State-approved standardized test of reading
comprehension administered to third grade students. The charter school shall provide
reading interventions to retained students to remediate reading deficiency, which may
include 90 minutes of daily, uninterrupted, evidence-based reading instruction,
accelerated reading classes, transition classes containing third and fourth grade students,
and summer reading camps.
(2)
Students may be exempt from mandatory retention in third grade for good
cause but shall continue to receive instructional supports and services and reading
interventions appropriate for their age and reading level. Good cause exemptions shall be
limited to the following:
a.
Limited English Proficient students with less than two years of
instruction in an English as a Second Language program.
b.
Students with disabilities, as defined in G.S. 115C-106.3(1), whose
individualized education program indicates the use of alternative assessments and
reading interventions.
c.
Students who demonstrate reading proficiency appropriate for third
grade students on an alternative assessment of reading comprehension. The
charter school shall notify the State Board of Education of the alternative
assessment used to demonstrate reading proficiency.
d.
Students who demonstrate, through a student reading portfolio,
reading proficiency appropriate for third grade students.
e.
Students who have (i) received reading intervention and (ii)
previously been retained more than once in kindergarten, first, second, or third
grades.
(3)
The charter school shall provide notice to parents and guardians when a
student is not reading at grade level. The notice shall state that if the student's reading
deficiency is not remediated by the end of third grade, the student shall be retained unless
he or she is exempt from mandatory retention for good cause. Notice shall also be
provided to parents and guardians of any student who is to be retained under this
subsection of the reason the student is not eligible for a good cause exemption, as well as
34
a description of proposed reading interventions that will be provided to the student to
remediate identified areas of reading deficiency.
(4)
The charter school shall annually publish on the charter school's Web site
and report in writing to the State Board of Education by September 1 of each year the
following information on the prior school year:
a.
The number and percentage of third grade students demonstrating
and not demonstrating reading proficiency on the State-approved standardized test
of reading comprehension administered to third grade students.
b.
The number and percentage of third grade students not
demonstrating reading proficiency and who do not return to the charter school for
the following school year.
c.
The number and percentage of third grade students who take and
pass the alternative assessment of reading comprehension.
d.
The number and percentage of third grade students retained for not
demonstrating reading proficiency.
e.
The number and percentage of third grade students exempt from
mandatory third grade retention by category of exemption as listed in subdivision
(2) of this subsection.
(e)
Employees. (1)
An employee of a charter school is not an employee of the local school
administrative unit in which the charter school is located. The charter school's board of
directors shall employ and contract with necessary teachers to perform the particular
service for which they are employed in the school; at least fifty percent (50%) of these
teachers shall hold teacher licenses. All teachers who are teaching in the core subject
areas of mathematics, science, social studies, and language arts shall be college
graduates.
The board also may employ necessary employees who are not required to hold
teacher licenses to perform duties other than teaching and may contract for other services. The
board may discharge teachers and nonlicensed employees.
(2)
No local board of education shall require any employee of the local school
administrative unit to be employed in a charter school.
(3)
(Effective until June 30, 2018) If a teacher employed by a local school
administrative unit makes a written request for a leave of absence to teach at a charter
school, the local school administrative unit shall grant the leave for one year. For the
initial year of a charter school's operation, the local school administrative unit may
require that the request for a leave of absence be made up to 45 days before the teacher
would otherwise have to report for duty. After the initial year of a charter school's
operation, the local school administrative unit may require that the request for a leave of
absence be made up to 90 days before the teacher would otherwise have to report for
duty. A local board of education is not required to grant a request for a leave of absence
or a request to extend or renew a leave of absence for a teacher who previously has
received a leave of absence from that school board under this subdivision. A teacher who
has career status under G.S. 115C-325 prior to receiving a leave of absence to teach at a
charter school may return to a public school in the local school administrative unit with
career status at the end of the leave of absence or upon the end of employment at the
charter school if an appropriate position is available. If an appropriate position is
35
unavailable, the teacher's name shall be placed on a list of available teachers and that
teacher shall have priority on all positions for which that teacher is qualified in
accordance with G.S. 115C-325(e)(2).
(3)
(Effective June 30, 2018) If a teacher employed by a local school
administrative unit makes a written request for a leave of absence to teach at a charter
school, the local school administrative unit shall grant the leave for one year. For the
initial year of a charter school's operation, the local school administrative unit may
require that the request for a leave of absence be made up to 45 days before the teacher
would otherwise have to report for duty. After the initial year of a charter school's
operation, the local school administrative unit may require that the request for a leave of
absence be made up to 90 days before the teacher would otherwise have to report for
duty. A local board of education is not required to grant a request for a leave of absence
or a request to extend or renew a leave of absence for a teacher who previously has
received a leave of absence from that school board under this subdivision. A teacher who
has received a leave of absence to teach at a charter school may return to a public school
in the local school administrative unit at the end of the leave of absence or upon the end
of employment at the charter school if an appropriate position is available.
(4)
The employees of the charter school shall be deemed employees of the
local school administrative unit for purposes of providing certain State-funded employee
benefits, including membership in the Teachers' and State Employees' Retirement System
and the State Health Plan for Teachers and State Employees. The State Board of
Education provides funds to charter schools, approves the original members of the boards
of directors of the charter schools, has the authority to grant, supervise, and revoke
charters, and demands full accountability from charter schools for school finances and
student performance. Accordingly, it is the determination of the General Assembly that
charter schools are public schools and that the employees of charter schools are public
school employees. Employees of a charter school whose board of directors elects to
become a participating employer under G.S. 135-5.3 are "teachers" for the purpose of
membership in the North Carolina Teachers' and State Employees' Retirement System. In
no event shall anything contained in this Part require the North Carolina Teachers' and
State Employees' Retirement System to accept employees of a private employer as
members or participants of the System.
(5)
Education employee associations shall have equal access to charter school
employees as provided in G.S. 115C-335.9.
(e1) Criminal History Checks. (1)
If the local board of education of the local school administrative unit in
which a charter school is located has adopted a policy requiring criminal history checks
under G.S. 115C-332, then the board of directors of each charter school located in that
local school administrative unit shall adopt a policy mirroring the local board of
education policy that requires an applicant for employment to be checked for a criminal
history, as defined in G.S. 115C-332. Each charter school board of directors shall apply
its policy uniformly in requiring applicants for employment to be checked for a criminal
history before the applicant is given an unconditional job offer. A charter school board of
directors may employ an applicant conditionally while the board is checking the person's
criminal history and making a decision based on the results of the check.
36
(2)
There shall be no liability for negligence on the part of the State Board of
Education or the board of directors of the charter school, or their employees, arising from
any act taken or omission by any of them in carrying out the provisions of this
subsection. The immunity established by this subsection shall not extend to gross
negligence, wanton conduct, or intentional wrongdoing that would otherwise be
actionable. The immunity established by this subsection shall be deemed to have been
waived to the extent of indemnification by insurance, indemnification under Articles 31A
and 31B of Chapter 143 of the General Statutes, and to the extent sovereign immunity is
waived under the Tort Claims Act, as set forth in Article 31 of Chapter 143 of the
General Statutes.
(f)
Accountability. (1)
The school is subject to the financial audits, the audit procedures, and the
audit requirements adopted by the State Board of Education for charter schools. These
audit requirements may include the requirements of the School Budget and Fiscal Control
Act.
(2)
The school shall comply with the reporting requirements established by
the State Board of Education in the Uniform Education Reporting System.
(3)
The school shall report at least annually to the State Board of Education
the information required by the State Board.
(g)
Admission Requirements. (1)
Any child who is qualified under the laws of this State for admission to a
public school is qualified for admission to a charter school.
(2)
No local board of education shall require any student enrolled in the local
school administrative unit to attend a charter school.
(3)
Admission to a charter school shall not be determined according to the
school attendance area in which a student resides, except that any local school
administrative unit in which a public school converts to a charter school shall give
admission preference to students who reside within the former attendance area of that
school.
(4)
Admission to a charter school shall not be determined according to the
local school administrative unit in which a student resides.
(5)
A charter school shall not discriminate against any student on the basis of
ethnicity, national origin, gender, or disability. Except as otherwise provided by law or
the mission of the school as set out in the charter, the school shall not limit admission to
students on the basis of intellectual ability, measures of achievement or aptitude, athletic
ability, disability, race, creed, gender, national origin, religion, or ancestry. Within one
year after the charter school begins operation, the charter school shall make efforts for the
population of the school to reasonably reflect the racial and ethnic composition of the
general population residing within the local school administrative unit in which the
school is located or the racial and ethnic composition of the special population that the
school seeks to serve residing within the local school administrative unit in which the
school is located. The school shall be subject to any court-ordered desegregation plan in
effect for the local school administrative unit.
(5a) The charter school may give enrollment priority to any of the following:
a.
Siblings of currently enrolled students who were admitted to the
charter school in a previous year. For the purposes of this subsection, the term
37
"siblings" includes any of the following who reside in the same household: half
siblings, stepsiblings, and children residing in a family foster home.
b.
Siblings of students who have completed the highest grade level
offered by that school and who were enrolled in at least four grade levels offered
by the charter school or, if less than four grades are offered, in the maximum
number of grades offered by the charter school.
c.
Limited to no more than fifteen percent (15%) of the school's total
enrollment, unless granted a waiver by the State Board of Education, the
following:
1.
Children of the school's full-time employees.
2.
For its first year of operation, children of the initial
members of the charter school's board of directors.
d.
A student who was enrolled in the charter school within the two
previous school years but left the school (i) to participate in an academic study
abroad program or a competitive admission residential program or (ii) because of
the vocational opportunities of the student's parent.
(5b)
Lottery procedures for siblings:
a.
If siblings apply for admission to a charter school and a lottery is
needed under G.S. 115C-238.29F(g)(6), the charter school may enter one surname
into the lottery to represent all of the siblings applying at the same time. If that
surname of the siblings is selected, then all of the siblings shall be admitted to the
extent that space is available and does not exceed the grade level capacity.
b.
If multiple birth siblings apply for admission to a charter school
and a lottery is needed under G.S. 115C-238.29F(g)(6), the charter school shall
enter one surname into the lottery to represent all of the multiple birth siblings
applying at the same time. If that surname of the multiple birth siblings is
selected, then all of the multiple birth siblings shall be admitted.
(6)
During each period of enrollment, the charter school shall enroll an
eligible student who submits a timely application, unless the number of applications
exceeds the capacity of a program, class, grade level, or building. In this case, students
shall be accepted by lot. Once enrolled, students are not required to reapply in subsequent
enrollment periods.
(7)
Notwithstanding any law to the contrary, a charter school may refuse
admission to any student who has been expelled or suspended from a public school under
G.S. 115C-390.5 through G.S. 115C-390.11 until the period of suspension or expulsion
has expired.
(h)
Transportation. - The charter school may provide transportation for students
enrolled at the school. The charter school shall develop a transportation plan so that
transportation is not a barrier to any student who resides in the local school administrative unit in
which the school is located. The charter school is not required to provide transportation to any
student who lives within one and one-half miles of the school. At the request of the charter
school and if the local board of the local school administrative unit in which the charter school is
located operates a school bus system, then that local board may contract with the charter school
to provide transportation in accordance with the charter school's transportation plan to students
who reside in the local school administrative unit and who reside at least one and one-half miles
of the charter school. A local board may charge the charter school a reasonable charge that is
38
sufficient to cover the cost of providing this transportation. Furthermore, a local board may
refuse to provide transportation under this subsection if it demonstrates there is no available
space on buses it intends to operate during the term of the contract or it would not be practically
feasible to provide this transportation.
(i)
Assets. - Upon dissolution of the charter school or upon the nonrenewal of the
charter, all net assets of the charter school purchased with public funds shall be deemed the
property of the local school administrative unit in which the charter school is located.
(j)
Driving Eligibility Certificates. - In accordance with rules adopted by the State
Board of Education, the designee of the school's board of directors shall do all of the following:
(1)
Sign driving eligibility certificates that meet the conditions established in
G.S. 20-11.
(2)
Obtain the necessary written, irrevocable consent from parents, guardians,
or emancipated juveniles, as appropriate, in order to disclose information to the Division
of Motor Vehicles.
(3)
Notify the Division of Motor Vehicles when a student who holds a driving
eligibility certificate no longer meets its conditions.
(k)
The Display of the United States and North Carolina Flags and the Recitation of
the Pledge of Allegiance. - A charter school shall (i) display the United States and North
Carolina flags in each classroom when available, (ii) require the recitation of the Pledge of
Allegiance on a daily basis, and (iii) provide age-appropriate instruction on the meaning and
historical origins of the flag and the Pledge of Allegiance. A charter school shall not compel any
person to stand, salute the flag, or recite the Pledge of Allegiance. If flags are donated or are
otherwise available, flags shall be displayed in each classroom.
(l)
North Carolina School Report Cards. - A charter school shall ensure that the
report card issued for it by the State Board of Education receives wide distribution to the local
press or is otherwise provided to the public. A charter school shall ensure that the overall school
performance score and grade earned by the charter school for the current and previous four
school years is prominently displayed on the school Web site. If a charter school is awarded a
grade of D or F, the charter school shall provide notice of the grade in writing to the parent or
guardian of all students enrolled in that school. (1995 (Reg. Sess., 1996), c. 731, s. 2; 1997-430,
s. 5; 1997-443, s. 8.19; 1997-456, s. 55.4; 1998-212, s. 9.14A(a); 1999-243, s. 8; 2001-462, s. 1;
2004-118, s. 3; 2004-203, s. 45(b); 2006-69, s. 3(e); 2006-137, s. 2; 2007-59, s. 2; 2007-126, s.
2; 2007-323, s. 28.22A(o); 2007-345, s. 12; 2009-239, s. 1; 2009-563, s. 2; 2010-10, s. 2(a);
2011-93, s. 2(a); 2011-145, s. 7.29(b); 2011-164, s. 4; 2011-282, s. 9; 2012-142, ss. 7A.1(f),
7A.3(c), 7A.11(b); 2012-145, s. 2.5; 2012-179, s. 1(c); 2013-307, s. 1.1; 2013-355, s. 1(f); 2013359, s. 1; 2013-360, ss. 8.43(a), 9.7(q).)
§ 115C-276. Duties of superintendent.
(a)
In General. - All acts of local boards of education, not in conflict with State law,
shall be binding on the superintendent, and it shall be his duty to carry out all rules and
regulations of the board.
All the powers, duties and responsibilities imposed by law upon the superintendents of
county administrative units shall, with respect to city administrative units, be imposed upon, and
exercised by, the superintendents of city administrative units, in the same manner and to the
same extent, insofar as applicable thereto, as such powers and duties are exercised and performed
39
by superintendents of county administrative units with reference to said county administrative
units.
(b)
To Serve as Secretary to Board. - Superintendents shall be ex officio secretary to
their respective boards of education. As secretary to the board of education, the superintendent
shall record all proceedings of the board, issue all notices and orders that may be made by the
board, and otherwise be executive officer of the board of education. He shall see that the minutes
of the meetings of the board of education are promptly and accurately recorded in the minute
book which shall be kept in the office of the board of education and be open at all times to public
inspection.
(c)
To Monitor Condition of School Plants. - It shall be the duty of every
superintendent to visit the schools of his unit, to keep his board of education informed at all
times as to the condition of the school plants in his administrative unit, and to make immediate
provisions to remedy any unsafe or unsanitary conditions existing in any school building.
(d)
To Attend Professional Meetings. - It shall be the duty of every superintendent to
attend professional meetings conducted by the State Superintendent of Public Instruction and
such other professional meetings as are necessary to keep him informed on educational matters.
(e)
To Report Certain Information to the Superintendent of Public Instruction. - It
shall be the duty of every superintendent to furnish as promptly as possible to the State
Superintendent when requested by him, information and statistics on any phase of the school
work in his administrative unit.
(f)
To Administer Oaths When Required. - The superintendent shall have authority
to administer oaths to teachers and all other school officials when an oath is required of the same.
(g)
To Familiarize Himself with and to Implement State Policies and Rules. - It shall
be the duty of the superintendent to keep himself thoroughly informed as to all policies
promulgated and rules adopted by the State Superintendent of Public Instruction and the State
Board of Education, for the organization and government of the public schools. The
superintendent shall notify and inform his board of education, supervisors, principals, teachers,
janitors, bus drivers, and all other persons connected with the public schools, of such policies and
rules. In the performance of these duties, the superintendent shall confer, work, and plan with all
school personnel to achieve the best methods of instruction, school organization and school
government.
(h)
To Hold Necessary Teachers' Meetings. - The superintendent shall hold each year
such teachers' meetings and study groups as in his judgment will improve the efficiency of the
instruction in the schools of his unit.
(i)
To Distribute Certain Supplies and Information. - The superintendent shall
distribute to all school personnel all blanks, registers, report cards, record books, bulletins, and
all other supplies and information furnished by the State Superintendent and the State Board of
Education and give instruction for their proper use.
(j)
To Assist the Local Board in Electing School Personnel. - It shall be the duty of
the superintendent to recommend and the board of education to elect all principals, teachers, and
other school personnel in the administrative unit.
(k)
To Submit Organization Reports and Other Information to the State Board. Each year the superintendent of each local school administrative unit shall submit to the State
Board of Education statistical reports, certified by the chairman of the board of education,
showing the organization of the schools in his or her unit and any additional information the
State Board may require. At the end of the second month of school each year, local boards of
40
education, through the superintendent, shall report school organization, employees' duties, and
class sizes to the State Board. As of February 1 each year, local boards of education, through the
superintendent, shall report all exceptions to individual class size maximums in kindergarten
through third grade that occur at that time.
(l)
(Effective until July 1, 2014) To Maintain Personnel Files and to Participate in
Firing and Demoting of Staff. - The superintendent shall maintain in his office a personnel file
for each teacher that contains complaints, commendations, or suggestions for correction or
improvement about the teacher and shall participate in the firing and demoting of staff, as
provided in G.S. 115C-325.
(l)
(Effective July 1, 2014) To Maintain Personnel Files and to Participate in Firing
and Demoting of Staff. - The superintendent shall maintain in his or her office a personnel file
for each teacher that contains complaints, commendations, or suggestions for correction or
improvement about the teacher and shall participate in the firing and demoting of staff, as
provided in Part 3 of Article 22 of this Chapter.
(m)
To Furnish Boundaries of Special Taxing Districts. - It shall be the duty of county
superintendents, and of city superintendents where their administrative units are not coterminous
with city or township limits, to furnish tax listers at tax listing time the boundaries of each taxing
district and city administrative unit in which a special tax will be levied to the end that all
property in such district or unit may be properly listed.
(n)
To Issue Salary Vouchers. - The authority for a superintendent to issue vouchers
for the salary of all school employees, whether paid from State or local funds, shall be a monthly
payroll, prepared on forms furnished by the State Board of Education and containing all
information required by the State Board of Education. This monthly payroll shall be signed by
the principal of the school. If any voucher so drawn is chargeable against district funds, the
amount so charged and the district to which said amount is charged shall be specified on the
voucher. The superintendent shall not approve the vouchers for the pay of principals or teachers
until the monthly and annual reports required by the local board of education are made.
(o)
To Participate in the School Budget and Finances. - The superintendent shall
participate in the school budget and finances, as provided in Article 31 of this Chapter.
(p)
To Require Teachers and Principals to Make Reports. - The superintendents may
require teachers to make reports to the principals and principals to make reports to the
superintendent. Any superintendent who knowingly and willfully makes or procures another to
make any false report or records, requisitions, or payrolls, respecting daily attendance of pupils
in the public schools, payroll data sheets, or other reports required to be made to any board or
officer in the performance of his duties, shall be guilty of a Class 1 misdemeanor and the
certificate of such person to teach in the public schools of North Carolina shall be revoked by the
Superintendent of Public Instruction.
(q)
To Assign School Principals. - Subject to local board policy, the superintendent
shall have the authority to assign principals to school buildings. When making an assignment, the
superintendent shall consider (i) whether a principal has demonstrated the leadership ability to
increase student achievement at a school where conditions indicated a significant risk of low
student performance; and (ii) how to maintain stability at a school where, during the time the
principal has been at a school, there has been significant improvement on end-of-course or endof-grade tests and other accountability measures developed by the State Board of Education.
(r)
To Maintain Student Discipline. - The superintendent shall maintain student
discipline in accordance with Article 27 of this Chapter and shall keep data on each student to
41
whom corporal punishment was administered, who was suspended for more than 10 days, who
was reassigned for disciplinary reasons, or who was expelled. This data shall include the race,
gender, age, grade level, ethnicity, and disability status of each student, the duration of
suspension for each student, whether alternative education services were provided for each
student, and whether a student had multiple suspensions in that academic year.
(s)
To Provide for Annual Evaluations and Mandatory Improvement Plans. - The
superintendent shall provide for the annual evaluation of all licensed employees assigned to lowperforming schools that did not receive an assistance team. The superintendent shall determine
whether all principals and assistant principals who evaluate licensed employees are trained in the
proper administration of the employee evaluations and the development of appropriate
mandatory improvement plans. The superintendent also shall arrange for principals and assistant
principals who evaluate licensed employees to receive the appropriate training.
(t)
Repealed by Session Laws 2012-142, s. 7.13(c), effective July 1, 2012. (1955, c. 1372,
art. 5, s. 24; art. 6, ss. 3-6, 10, 15; art. 17, s. 6; art. 18, s. 7; 1959, c. 1294; 1963, c. 688, s. 3;
1965, c. 584, ss. 5, 6, 16; 1969, c. 539; 1973, c. 770, ss. 1, 2; 1975, c. 965, s. 3; 1977, c. 1088, s.
4; 1981, c. 423, s. 1; 1985 (Reg. Sess., 1986), c. 975, ss. 17, 18, 24; 1987 (Reg. Sess., 1988), c.
1025, s. 12; c. 1086, s. 89(c); 1993, c. 169, s. 2; c. 210, s. 4; c. 539, s. 882; 1994, Ex. Sess., c. 24,
s. 14(c); 1995, c. 386, s. 2; 1995 (Reg. Sess., 1996), c. 716, s. 25; 1998-5, s. 6; 1998-182, s. 38;
1998-220, s. 10; 2011-282, s. 10; 2011-348, s. 4; 2012-142, s. 7.13(c); 2013-360, s. 9.7(f); 2013363, s. 3.3(c).)
§ 115C-288. Powers and duties of principal.
(a)
To Grade and Classify Pupils. - The principal shall have authority to grade and
classify pupils, except as provided in G.S. 115C-83.7(a). In determining the appropriate grade for
a pupil who is already attending a public school, the principal shall consider the pupil's
classroom work and grades, the pupil's scores on standardized tests, and the best educational
interests of the pupil. The principal shall not make the decision solely on the basis of
standardized test scores. If a principal's decision to retain a child in the same grade is partially
based on the pupil's scores on standardized tests, those test scores shall be verified as accurate.
A principal shall not require additional testing of a student entering a public school from a school
governed under Article 39 of this Chapter if test scores from a nationally standardized test or
nationally standardized equivalent measure that are adequate to determine the appropriate
placement of the child are available.
(b)
To Make Accurate Reports to the Superintendent and to the Local Board. - The
principal shall make all reports to the superintendent. Every principal of a public school shall
make such reports as are required by the boards of education, and the superintendent shall not
approve the vouchers for the pay of principals until the required monthly and annual reports are
made: Provided, that the superintendents may require teachers to make reports to the principals
and principals to make reports to the superintendent: Provided further, that any principal or
supervisor who knowingly and willfully makes or procures another to make any false report or
records, requisitions, or payrolls, respecting daily attendance of pupils in the public schools,
payroll data sheets, or other reports required to be made to any board or officer in the
performance of his duties, shall be guilty of a Class 1 misdemeanor and the certificate of such
person to teach in the public schools of North Carolina shall be revoked by the Superintendent of
Public Instruction.
42
(c)
To Improve Instruction and Community Spirit. - The principal shall give
suggestions to teachers for the improvement of instruction.
(d)
To Conduct Fire Drills and Inspect for Fire Hazards. - It shall be the duty of the
principal to conduct a fire drill during the first week after the opening of school and thereafter at
least one fire drill each school month, in each building in his charge, where children are
assembled. Fire drills shall include all pupils and school employees, and the use of various ways
of egress to simulate evacuation of said buildings under various conditions, and such other
regulations as shall be prescribed for fire safety by the Commissioner of Insurance, the
Superintendent of Public Instruction and the State Board of Education. A copy of such
regulations shall be kept posted on the bulletin board in each building.
It shall be the duty of each principal to inspect each of the buildings in his charge at least
twice each month during the regular school session. This inspection shall include cafeterias,
gymnasiums, boiler rooms, storage rooms, auditoriums and stage areas as well as all classrooms.
This inspection shall be for the purpose of keeping the buildings safe from the accumulation of
trash and other fire hazards.
It shall be the duty of the principal to file two copies of a written report once each month
during the regular school session with the superintendent of his local school administrative unit,
one copy of which shall be transmitted by the superintendent to the chairman of the local board
of education. This report shall state the date the last fire drill was held, the time consumed in
evacuating each building, that the inspection has been made as prescribed by law and such other
information as is deemed necessary for fire safety by the Commissioner of Insurance, the
Superintendent of Public Instruction and the State Board of Education.
It shall be the duty of the principal to minimize fire hazards pursuant to the provisions of
G.S. 115C-525.
(e)
To Discipline Students and to Assign Duties to Teachers with Regard to the
Discipline, General Well-being, and Medical Care of Students. The principal shall have authority to exercise discipline over the pupils of the school under
policies adopted by the local board of education in accordance with G.S. 115C-390.1 through
G.S. 115C-390.12. The principal may use reasonable force pursuant to G.S. 115C-390.3 and may
suspend students pursuant to G.S. 115C-390.5. The principal shall assign duties to teachers with
regard to the general well-being and the medical care of students under G.S. 115C-307 and
Article 26A of this Chapter.
(f)
To Protect School Property. - The principal shall protect school property as
provided in G.S. 115C-523.
(g)
To Report Certain Acts to Law Enforcement and the Superintendent. - When the
principal has personal knowledge or actual notice from school personnel that an act has occurred
on school property involving assault resulting in serious personal injury, sexual assault, sexual
offense, rape, kidnapping, indecent liberties with a minor, assault involving the use of a weapon,
possession of a firearm in violation of the law, possession of a weapon in violation of the law, or
possession of a controlled substance in violation of the law, the principal shall immediately
report the act to the appropriate local law enforcement agency.
Notwithstanding any other provision of law, the State Board of Education shall not
require the principal to report to law enforcement acts in addition to those required to be reported
by law.
43
For purposes of this subsection, "school property" shall include any public school
building, bus, public school campus, grounds, recreational area, or athletic field, in the charge of
the principal.
The principal or the principal's designee shall notify the superintendent or the
superintendent's designee in writing or by electronic mail regarding any report made to law
enforcement under this subsection. This notification shall occur by the end of the workday in
which the incident occurred when reasonably possible but not later than the end of the following
workday. The superintendent shall provide the information to the local board of education.
Nothing in this subsection shall be interpreted to interfere with the due process rights of
school employees or the privacy rights of students.
(h)
To Make Available School Budgets and School Improvement Plans. - The
principal shall maintain a copy of the school's current budget and school improvement plan,
including any amendments to the plan, and shall allow parents of children in the school and other
interested persons to review and obtain such documents in accordance with Chapter 132 of the
General Statutes.
(i)
To Evaluate Licensed Employees and Develop Mandatory Improvement Plans. Each school year, the principal assigned to a low-performing school that has not received an
assistance team shall provide for the evaluation of all licensed employees assigned to the school.
The principal also shall develop mandatory improvement plans as provided under G.S. 115C333(b) and G.S. 115C-333.1(b) and shall monitor an employee's progress under a mandatory
improvement plan.
(j)
To Transfer Student Records. - The principal shall not withhold the transfer of
student records, except as is provided in G.S. 115C-403(b).
(k)
To Sign Driving Eligibility Certificates and to Notify the Division of Motor
Vehicles. - In accordance with rules adopted by the State Board of Education, the principal or the
principal's designee shall do all of the following:
(1)
Sign driving eligibility certificates that meet the conditions established in
G.S. 20-11.
(2)
Obtain the necessary written, irrevocable consent from parents, guardians,
or emancipated juveniles, as appropriate, in order to disclose information to the Division
of Motor Vehicles.
(3)
Notify the Division of Motor Vehicles when a student who holds a driving
eligibility certificate no longer meets its conditions.
(l)
To Establish School Improvement Teams. - Each school year, the principal shall
ensure that a school improvement team is established under G.S. 115C-105.27 for the purpose of
developing, reviewing, and revising a school improvement plan.
(m)
To Address the Unique Needs of Students With Immediate Family Members in
the Military. - The principal shall develop a means for identifying and serving the unique needs
of students who have immediate family members in the active or reserve components of the
Armed Forces of the United States. (1955, c. 1372, art. 17, ss. 6, 8; 1957, c. 843; 1959, c. 573, s.
13; c. 1294; 1965, c. 584, s. 15; 1981, c. 423, s. 1; 1985 (Reg. Sess., 1986), c. 975, s. 4; 1987, c.
572, s. 3; 1993, c. 327, s. 1; c. 539, s. 883; 1994, Ex. Sess., c. 24, s. 14(c); 1995 (Reg. Sess.,
1996), c. 716, s. 7.1; 1996, 2nd Ex. Sess., c. 18, s. 18.27; 1997-443, s. 8.29(t); 1998-5, s. 7; 1998220, s. 13; 1999-243, s. 7; 1999-373, s. 2; 2001-424, s. 28.17(b); 2005-22, s. 5; 2009-410, s. 1;
2011-145, s. 7.13(s), (t); 2011-248, s. 1; 2011-282, s. 11; 2011-348, s. 5; 2011-391, s. 14(b);
2012-142, s. 7A.1(g); 2012-149, s. 7; 2012-194, s. 55(c).)
44
§ 115C-366. Assignment of student to a particular school.
(a)
All students under the age of 21 years who are domiciled in a school
administrative unit who have not been removed from school for cause, or who have not obtained
a high school diploma, are entitled to all the privileges and advantages of the public schools to
which they are assigned by the local boards of education. The assignment of students living in
one local school administrative unit or district to a school located in another local school
administrative unit or district, shall have no effect upon the right of the local school
administrative unit or district to which the students are assigned to levy and collect any
supplemental tax heretofore or hereafter voted in that local school administrative unit or district.
(a1) Children living in and cared for and supported by an institution established,
operated, or incorporated for the purpose of rearing and caring for children who do not live with
their parents are considered legal residents of the local school administrative unit in which the
institution is located. These children are eligible for admission to the public schools of the local
school administrative unit as provided in this section.
(a2)
It is the policy of the State that every child of a homeless individual and every
homeless child and youth has access to a free, appropriate public education. The State Board of
Education and every local board of education shall ensure compliance with the federal
McKinney-Vento Homeless Education Assistance Improvements Act of 2001. A local board of
education shall not charge a homeless child or youth tuition for enrollment. An unaccompanied
youth or a homeless child's or youth's parent, guardian, or legal custodian may apply to the State
Board of Education for a determination of whether a particular local board of education shall
enroll the homeless child or youth, and this determination shall be binding on the local board of
education, subject to judicial review.
(a3) A student who is not a domiciliary of a local school administrative unit may
attend, without the payment of tuition, the public schools of that unit if all of the following
apply:
(1)
The student resides with an adult, who is a domiciliary of that unit, as a
result of any one of the following:
a.
The death, serious illness, or incarceration of a parent or legal
guardian.
b.
The abandonment by a parent or legal guardian of the complete
control of the student as evidenced by the failure to provide substantial financial
support and parental guidance.
c.
Abuse or neglect by the parent or legal guardian.
d.
The physical or mental condition of the parent or legal guardian is
such that he or she cannot provide adequate care and supervision of the student.
e.
The relinquishment of physical custody and control of the student
by the student's parent or legal guardian upon the recommendation of the
department of social services or the Division of Mental Health.
f.
The loss or uninhabitability of the student's home as the result of a
natural disaster.
g.
The parent or legal guardian is one of the following:
1.
On active military duty and is deployed out of the local
school administrative unit in which the student resides. For purposes of
this sub-sub-subdivision, the term "active duty" does not include periods
of active duty for training for less than 30 days.
45
2.
A member or veteran of the uniformed services who is
severely injured and medically discharged or retired, but only for a period
of one year after the medical discharge or retirement of the parent or
guardian.
3.
A member of the uniformed services who dies on active
duty or as a result of injuries sustained on active duty, but only for a
period of one year after death. For purposes of this sub-sub-subdivision,
the term "active duty" is as defined in G.S. 115C-407.5
Assignment under this sub-subdivision is only available if some
evidence of the deployment, medical discharge, retirement, or death is
tendered with the affidavits required under subdivision (3) of this
subsection.
(2)
The student is:
a.
Not currently under a term of suspension or expulsion from a
school for conduct that could have led to a suspension or an expulsion from the
local school administrative unit, or
b.
Currently under a term of suspension or expulsion from a school
for conduct that could have led to a suspension or an expulsion from the local
school administrative unit and is identified as eligible for special education and
related services under the Individuals with Disabilities Education Improvement
Act, 20 U.S.C. § 1400, et seq., (2004). Assignment under this sub-subdivision is
available only if evidence of current eligibility is tendered with the affidavit
required under subdivision (3) of this subsection.
(3)
The caregiver adult and the student's parent, guardian, or legal custodian
have each completed and signed separate affidavits that do all of the following:
a.
Confirm the qualifications set out in this subsection establishing
the student's residency.
b.
Attest that the student's claim of residency in the unit is not
primarily related to attendance at a particular school within the unit.
c.
Attest that the caregiver adult has been given and accepts
responsibility for educational decisions for the student.
If the student's parent, guardian, or legal custodian is unable, refuses, or is
otherwise unavailable to sign the affidavit, then the caregiver adult shall attest to
that fact in the affidavit. If the student is a minor, the caregiver adult must make
educational decisions concerning the student and has the same legal authority and
responsibility regarding the student as a parent or legal custodian would have
even if the parent, guardian, or legal custodian does not sign the affidavit. The
minor student's parent, legal guardian, or legal custodian retains liability for the
student's acts.
Upon receipt of both affidavits or an affidavit from the caregiver adult that
includes an attestation that the student's parent, guardian, or legal custodian is
unable, refuses, or is otherwise unavailable to sign an affidavit, the local board
shall admit and assign as soon as practicable the student to an appropriate school,
as determined under the local board's school assignment policy, pending the
results of any further procedures for verifying eligibility for attendance and
assignment within the local school administrative unit.
46
If it is found that the information contained in either or both affidavits is
false, then the local board may, unless the student is otherwise eligible for school
attendance under other laws or local board policy, remove the student from
school. If a student is removed from school, the board shall provide an
opportunity to appeal the removal under the appropriate policy of the local board
and shall notify any person who signed the affidavit of this opportunity. If it is
found that a person willfully and knowingly provided false information in the
affidavit, the maker of the affidavit shall be guilty of a Class 1 misdemeanor and
shall pay to the local board an amount equal to the cost of educating the student
during the period of enrollment. Repayment shall not include State funds.
Affidavits shall include, in large print, the penalty, including repayment of
the cost of educating the student, for providing false information in an affidavit.
(a4) When a student transfers into the public schools of a local school administrative
unit, that local board shall require the student's parent, guardian, or legal custodian to provide a
statement made under oath or affirmation before a qualified official indicating whether the
student is, at the time, under suspension or expulsion from attendance at a private or public
school in this or any other state or has been convicted of a felony in this or any other state. This
subsection does not apply to the enrollment of a student who has never been enrolled in or
attended a private or public school in this or any other state.
(a5) Notwithstanding any other law, a local board may deny admission to or place
reasonable conditions on the admission of a student who has been suspended from a school
under G.S. 115C-390.5 through G.S. 115C-390.10 or who has been suspended from a school for
conduct that could have led to a suspension from a school within the local school administrative
unit where the student is seeking admission until the period of suspension has expired. Also, a
local board may deny admission to or place reasonable conditions on the admission of a student
who has been expelled from a school under G.S. 115C-390.11 or who has been expelled from a
school for behavior that indicated the student's continued presence in school constituted a clear
threat to the safety of other students or staff as found by clear and convincing evidence, or who
has been convicted of a felony in this or any other state. If the local board denies admission to a
student who has been expelled or convicted of a felony, the student may request the local board
to reconsider that decision in accordance with G.S. 115C-390.12. When a student who has been
identified as eligible to receive special education and related services under the Individuals with
Disabilities Education Act, 20 U.S.C. § 1400, et seq., is denied admission under this subsection,
the local board shall provide educational services to the student to the same extent it would if the
student were enrolled in the local school administrative unit at the time of the suspension or
expulsion, as required by G.S. 115C-107.1(a)(3).
(a6) A child who is placed in or assigned to a licensed facility is eligible for
admission, without the payment of tuition, to the public schools of the local school
administrative unit in which the licensed facility is located. If an agency or person, other than the
student's parent or guardian, is the student's legal custodian and if that person or agency placed or
assigned the student to a licensed facility under this subsection, then that agency or person must
provide in writing to the school the name, address, and phone number of the individual who has
authority and the responsibility to make educational decisions for the student. This individual
shall reside or be employed within the local school administrative unit and shall provide in
writing to the school a signed statement that the individual understands and accepts this authority
and responsibility to make educational decisions for the student. If the student's parent or legal
47
guardian retains legal custody of a child who is placed in or assigned to a licensed facility under
this subsection, then the requirements of subsection (a3) of this section must be met.
(a7) A student who is a resident of a local school administrative unit because the
student resides with a parent, guardian, or legal custodian who is a (i) student, employee, or
faculty member of a college or university or (ii) visiting scholar at the National Humanities
Center is considered domiciled in that unit for purposes of this section.
(a8) A student is considered domiciled in a local school administrative unit for
purposes of this section if the student resides (i) with a legal custodian who is not the
student's parent or guardian and the legal custodian is domiciled in the local school
administrative unit, or (ii) in a preadoptive home following placement by a county
department of social services or a licensed child-placing agency.
(b)
Each local board of education shall assign to a public school each student
qualified for assignment under this section. Except as otherwise provided by law, the authority of
each board of education in the matter of assignment of children to the public schools shall be full
and complete, and its decision as to the assignment of any child to any school shall be final.
(c)
Any child who is qualified under the laws of this State for admission to a public
school and who has a place of residence in a local school administrative unit incident to the
child's parent's or guardian's service in the General Assembly, other than the local school
administrative unit in which the child is domiciled, is entitled to attend school in the local school
administrative unit of that residence as if the child were domiciled there, subject to the payment
of applicable out-of-county fees in effect at the time.
(d)
A student domiciled in one local school administrative unit may be assigned
either with or without the payment of tuition to a public school in another local school
administrative unit upon the terms and conditions agreed to in writing between the local boards
of education involved and entered in the official records of the boards. The assignment shall be
effective only for the current school year, but may be renewed annually in the discretion of the
boards involved.
(e)
The boards of education of adjacent local school administrative units may operate
schools in adjacent units upon written agreements between the respective boards of education
and approval by the county commissioners and the State Board of Education.
(f)
This section shall not be construed to allow students to transfer from one local
school administrative unit to another for athletic participation purposes in violation of eligibility
requirements established by the State Board of Education and the North Carolina High School
Athletic Association.
(g)
Any local school administrative unit may use the actual address of a program
participant for any purpose related to admission or assignment under this Article as long as the
address is kept confidential from the public under Chapter 15C of the General Statutes. The
substitute address designated by the Attorney General under the Address Confidentiality
Program shall not be used as an address for admission or assignment purposes.
(h)
The following definitions apply in this section:
(1)
Abused or neglected. - A student is considered abused or neglected if
there has been an adjudication of that issue. The State Board may adopt an additional
definition of abuse and neglect, and that definition also shall apply to this section.
(2)
Caregiver adult. - The adult with whom the child resides. For children
placed or assigned in a licensed facility, a caregiver adult also may be the child's
48
caretaker, foster parent, or other clearly identifiable adult who resides in the county
where the licensed facility is located.
(3)
Educational decisions. - Decisions or actions recommended or required by
the school concerning the student's academic course of study, extracurricular activities,
and conduct. These decisions or actions include enrolling the student, receiving and
responding to notices of discipline under G.S. 115C-390.5 through G.S. 115C-390.12,
attending conferences with school personnel, granting permission for school-related
activities, granting permission for emergency medical care, receiving and taking
appropriate action in connection with student records, and any other decisions or actions
recommended or required by the school in connection to that student.
(4)
Facility. - A group home, a family foster home as defined in G.S. 131D10.2(8), or a therapeutic foster home as defined in G.S. 131D-10.2(14).
(5)
Homeless. - Individuals who lack a fixed, regular, and adequate nighttime
residence or are included in the definition of homeless children and youths in the
McKinney-Vento Homeless Education Assistance Improvements Act of 2001. The term
does not include persons who are imprisoned or otherwise detained pursuant to federal or
State law.
(6)
Legal custodian. - The person or agency that has been awarded legal
custody of the student by a court.
(7)
Licensed facility. - A facility licensed under Article 2 of Chapter 122C of
the General Statutes or under Article 1A of Chapter 131D of the General Statutes.
(8)
McKinney-Vento Homeless Education Assistance Improvements Act of
2001. - 20 U.S.C. § 11431, et seq., as amended, and federal regulations adopted under
this act.
(9)
Program participant. - An individual accepted into the Address
Confidentiality Program under Chapter 15C of the General Statutes.
(10) Unaccompanied youth. - Youths who are not in the physical custody of a
parent or guardian as defined in the McKinney-Vento Homeless Education Assistance
Improvements Act of 2001. (1955, c. 366, s. 1; c. 1372, art. 19, s. 3; 1956, Ex. Sess., c. 7,
s. 1; 1971, c. 153; 1981, c. 423, s. 1; c. 567, s. 1; 1991, c. 407, s. 1; c. 719, s. 2; 1997-271,
s. 1; 1997-443, s. 8.29(d); 2002-171, s. 5; 2006-65, s. 1; 2007-283, s. 1; 2008-185, s. 2;
2008-187, s. 19; 2009-331, ss. 1, 2; 2011-282, s. 12; 2013-410, s. 21.)
§ 115C-402. Student records; maintenance; contents; confidentiality.
(a)
The official record of each student enrolled in North Carolina public schools shall
be permanently maintained in the files of the appropriate school after the student graduates, or
should have graduated, from high school unless the local board determines that such files may be
filed in the central office or other location designated by the local board for that purpose.
(b)
The official record shall contain, as a minimum, adequate identification data
including date of birth, attendance data, grading and promotion data, and such other factual
information as may be deemed appropriate by the local board of education having jurisdiction
over the school wherein the record is maintained. Each student's official record also shall include
notice of any long-term suspension or expulsion imposed pursuant to G.S. 115C-390.7 through
G.S. 115C-390.11 and the conduct for which the student was suspended or expelled. The
superintendent or the superintendent's designee shall expunge from the record the notice of
suspension or expulsion if the following criteria are met:
49
(1)
One of the following persons makes a request for expungement:
a.
The student's parent, legal guardian, or custodian.
b.
The student, if the student is at least 16 years old or is
emancipated.
(2)
The student either graduates from high school or is not expelled or
suspended again during the two-year period commencing on the date of the student's
return to school after the expulsion or suspension.
(3)
The superintendent or the superintendent's designee determines that the
maintenance of the record is no longer needed to maintain safe and orderly schools.
(4)
The superintendent or the superintendent's designee determines that the
maintenance of the record is no longer needed to adequately serve the child.
(c)
Notwithstanding subdivision (b)(1) of this section, a superintendent or the
superintendent's designee may expunge from a student's official record any notice of suspension
or expulsion provided all other criteria under subsection (b) are met.
(d)
Each local board's policy on student records shall include information on the
procedure for expungement under subsection (b) of this section.
(e)
The official record of each student is not a public record as the term "public
record" is defined by G.S. 132-1. The official record shall not be subject to inspection and
examination as authorized by G.S. 132-6.
(f)
The actual address and telephone number of a student who is a participant in the
Address Confidentiality Program established pursuant to Chapter 15C of the General Statutes or
a student with a parent who is a participant in the Address Confidentiality Program established
pursuant to Chapter 15C of the General Statutes shall be kept confidential from the public and
shall not be disclosed except as provided in Chapter 15C of the General Statutes. (1975, c. 624,
ss. 1, 2; 1981, c. 423, s. 1; 1985, c. 268; c. 416; 1997-443, s. 8.29(s); 2001-195, s. 1; 2002-171, s.
6; 2011-282, s. 13.)
§ 14-208.18. Sex offender unlawfully on premises.
(a)
It shall be unlawful for any person required to register under this Article, if the
offense requiring registration is described in subsection (c) of this section, to knowingly be at
any of the following locations:
(1)
On the premises of any place intended primarily for the use, care, or
supervision of minors, including, but not limited to, schools, children's museums, child
care centers, nurseries, and playgrounds.
(2)
Within 300 feet of any location intended primarily for the use, care, or
supervision of minors when the place is located on premises that are not intended
primarily for the use, care, or supervision of minors, including, but not limited to, places
described in subdivision (1) of this subsection that are located in malls, shopping centers,
or other property open to the general public.
(3)
At any place where minors gather for regularly scheduled educational,
recreational, or social programs.
(b)
Notwithstanding any provision of this section, a person subject to subsection (a)
of this section who is the parent or guardian of a minor may take the minor to any location that
can provide emergency medical care treatment if the minor is in need of emergency medical
care.
50
(c)
Subsection (a) of this section is applicable only to persons required to register
under this Article who have committed any of the following offenses:
(1)
Any offense in Article 7A of this Chapter.
(2)
Any offense where the victim of the offense was under the age of 16 years
at the time of the offense.
(d)
A person subject to subsection (a) of this section who is a parent or guardian of a
student enrolled in a school may be present on school property if all of the following conditions
are met:
(1)
The parent or guardian is on school property for the purpose for one of the
following:
a.
To attend a conference at the school with school personnel to
discuss the academic or social progress of the parents' or guardians' child; or
b.
The presence of the parent or guardian has been requested by the
principal or his or her designee for any other reason relating to the welfare or
transportation of the child.
(2)
The parent or guardian complies with all of the following:
a.
Notice: The parent or guardian shall notify the principal of the
school of the parents' or guardians' registration under this Article and of his or her
presence at the school unless the parent or guardian has permission to be present
from the superintendent or the local board of education, or the principal has
granted ongoing permission for regular visits of a routine nature. If permission is
granted by the superintendent or the local board of education, the superintendent
or chairman of the local board of education shall inform the principal of the
school where the parents' or guardians' will be present. Notification includes the
nature of the parents' or guardians' visit and the hours when the parent or guardian
will be present at the school. The parent or guardian is responsible for notifying
the principal's office upon arrival and upon departure. Any permission granted
under this sub-subdivision shall be in writing.
b.
Supervision: At all times that a parent or guardian is on school
property, the parent or guardian shall remain under the direct supervision of
school personnel. A parent or guardian shall not be on school property even if the
parent or guardian has ongoing permission for regular visits of a routine nature if
no school personnel are reasonably available to supervise the parent or guardian
on that occasion.
(e)
A person subject to subsection (a) of this section who is eligible to vote may be
present at a location described in subsection (a) used as a voting place as defined by G.S. 163165 only for the purposes of voting and shall not be outside the voting enclosure other than for
the purpose of entering and exiting the voting place. If the voting place is a school, then the
person subject to subsection (a) shall notify the principal of the school that he or she is registered
under this Article.
(f)
A person subject to subsection (a) of this section who is eligible under G.S. 115C378 to attend public school may be present on school property if permitted by the local board of
education pursuant to G.S. 115C-390.11(a)(2).
(g)
A juvenile subject to subsection (a) of this section may be present at a location
described in that subsection if the juvenile is at the location to receive medical treatment or
51
mental health services and remains under the direct supervision of an employee of the treating
institution at all times.
(g1) Notwithstanding any provision of this section, a person subject to subsection (a)
of this section who is required to wear an electronic monitoring device shall wear an electronic
monitoring device that provides exclusion zones around the premises of all elementary and
secondary schools in North Carolina.
(h)
A violation of this section is a Class H felony. (2008-117, s. 12; 2009-570, s. 5;
2011-245, s. 2(b); 2011-282, s. 14.)
§ 20-11. Issuance of limited learner's permit and provisional drivers license to person who
is less than 18 years old.
(a)
Process. - Safe driving requires instruction in driving and experience. To ensure
that a person who is less than 18 years old has both instruction and experience before obtaining a
drivers license, driving privileges are granted first on a limited basis and are then expanded in
accordance with the following process:
(1)
Level 1. - Driving with a limited learner's permit.
(2)
Level 2. - Driving with a limited provisional license.
(3)
Level 3. - Driving with a full provisional license.
A permit or license issued under this section must indicate the level of driving privileges granted
by the permit or license.
(b)
Level 1. - A person who is at least 15 years old but less than 18 years old may
obtain a limited learner's permit if the person meets all of the following requirements:
(1)
Passes a course of driver education prescribed in G.S. 115C-215 or a
course of driver instruction at a licensed commercial driver training school.
(2)
Passes a written test administered by the Division.
(3)
Has a driving eligibility certificate or a high school diploma or its
equivalent.
(c)
Level 1 Restrictions. - A limited learner's permit authorizes the permit holder to
drive a specified type or class of motor vehicle only under the following conditions:
(1)
The permit holder must be in possession of the permit.
(2)
A supervising driver must be seated beside the permit holder in the front
seat of the vehicle when it is in motion. No person other than the supervising driver can
be in the front seat.
(3)
For the first six months after issuance, the permit holder may drive only
between the hours of 5:00 a.m. and 9:00 p.m.
(4)
After the first six months after issuance, the permit holder may drive at
any time.
(5)
Every person occupying the vehicle being driven by the permit holder
must have a safety belt properly fastened about his or her body, or be restrained by a
child passenger restraint system as provided in G.S. 20-137.1(a), when the vehicle is in
motion.
(6)
The permit holder shall not use a mobile telephone or other additional
technology associated with a mobile telephone while operating the motor vehicle on a
public street or highway or public vehicular area.
(d)
Level 2. - A person who is at least 16 years old but less than 18 years old may
obtain a limited provisional license if the person meets all of the following requirements:
52
(1)
Has held a limited learner's permit issued by the Division for at least 12
months.
(2)
Has not been convicted of a motor vehicle moving violation or seat belt
infraction or a violation of G.S. 20-137.3 during the preceding six months.
(3)
Passes a road test administered by the Division.
(4)
Has a driving eligibility certificate or a high school diploma or its
equivalent.
(5)
Has completed a driving log, on a form approved by the Division,
detailing a minimum of 60 hours as the operator of a motor vehicle of a class for which
the driver has been issued a limited learner's permit. The log must show at least 10 hours
of the required driving occurred during nighttime hours. No more than 10 hours of
driving per week may be counted toward the 60-hour requirement. The driving log must
be signed by the supervising driver and submitted to the Division at the time the applicant
seeks to obtain a limited provisional license. If the Division has cause to believe that a
driving log has been falsified, the limited learner's permit holder shall be required to
complete a new driving log with the same requirements and shall not be eligible to obtain
a limited provisional license for six months.
(e)
Level 2 Restrictions. - A limited provisional license authorizes the license holder
to drive a specified type or class of motor vehicle only under the following conditions:
(1)
The license holder shall be in possession of the license.
(2)
The license holder may drive without supervision in any of the following
circumstances:
a.
From 5:00 a.m. to 9:00 p.m.
b.
When driving directly to or from work.
c.
When driving directly to or from an activity of a volunteer fire
department, volunteer rescue squad, or volunteer emergency medical service, if
the driver is a member of the organization.
(3)
The license holder may drive with supervision at any time. When the
license holder is driving with supervision, the supervising driver shall be seated beside
the license holder in the front seat of the vehicle when it is in motion. The supervising
driver need not be the only other occupant of the front seat, but shall be the person seated
next to the license holder.
(4)
When the license holder is driving the vehicle and is not accompanied by
the supervising driver, there may be no more than one passenger under 21 years of age in
the vehicle. This limit does not apply to passengers who are members of the license
holder's immediate family or whose primary residence is the same household as the
license holder. However, if a family member or member of the same household as the
license holder who is younger than 21 years of age is a passenger in the vehicle, no other
passengers under 21 years of age, who are not members of the license holder's immediate
family or members of the license holder's household, may be in the vehicle.
(5)
Every person occupying the vehicle being driven by the license holder
shall have a safety belt properly fastened about his or her body, or be restrained by a child
passenger restraint system as provided in G.S. 20-137.1(a), when the vehicle is in motion.
(6)
The license holder shall not use a mobile telephone or other additional
technology associated with a mobile telephone while operating the vehicle on a public
street or highway or public vehicular area.
53
(f)
Level 3. - A person who is at least 16 years old but less than 18 years old may
obtain a full provisional license if the person meets all of the following requirements:
(1)
Has held a limited provisional license issued by the Division for at least
six months.
(2)
Has not been convicted of a motor vehicle moving violation or seat belt
infraction or a violation of G.S. 20-137.3 during the preceding six months.
(3)
Has a driving eligibility certificate or a high school diploma or its
equivalent.
(4)
Has completed a driving log, on a form approved by the Division,
detailing a minimum of 12 hours as the operator of a motor vehicle of a class for which
the driver is licensed. The log must show at least six hours of the required driving
occurred during nighttime hours. The driving log must be signed by the supervising
driver for any hours driven outside the provisions of subdivision (e)(2) of this section and
submitted to the Division at the time the applicant seeks to obtain a full provisional
license. If the Division has cause to believe that a driving log has been falsified, the
limited provisional licensee shall be required to complete a new driving log with the same
requirements and shall not be eligible to obtain a full provisional license for six months.
A person who meets these requirements may obtain a full provisional license by mail.
(g)
Level 3 Restrictions. - The restrictions on Level 1 and Level 2 drivers concerning
time of driving, supervision, and passenger limitations do not apply to a full provisional license.
However, the prohibition against operating a motor vehicle while using a mobile telephone under
G.S. 20-137.3(b) shall apply to a full provisional license.
(h)
Exception for Persons 16 to 18 Who Have an Unrestricted Out-of-State License. A person who is at least 16 years old but less than 18 years old, who was a resident of another
state and has an unrestricted drivers license issued by that state, and who becomes a resident of
this State may obtain one of the following upon the submission of a driving eligibility certificate
or a high school diploma or its equivalent:
(1)
A temporary permit, if the person has not completed a drivers education
program that meets the requirements of the Superintendent of Public Instruction but is
currently enrolled in a drivers education program that meets these requirements. A
temporary permit is valid for the period specified in the permit and authorizes the holder
of the permit to drive a specified type or class of motor vehicle when in possession of the
permit, subject to any restrictions imposed by the Division concerning time of driving,
supervision, and passenger limitations. The period must end within 10 days after the
expected completion date of the drivers education program in which the applicant is
enrolled.
(2)
A full provisional license, if the person has completed a drivers education
program that meets the requirements of the Superintendent of Public Instruction, has held
the license issued by the other state for at least 12 months, and has not been convicted
during the preceding six months of a motor vehicle moving violation, a seat belt
infraction, or an offense committed in another jurisdiction that would be a motor vehicle
moving violation or seat belt infraction if committed in this State.
(2a) A full provisional license, if the person has completed a drivers education
program that meets the requirements of the Superintendent of Public Instruction, has held
both a learner's permit and a restricted license from another state for at least six months
each, the Commissioner finds that the requirements for the learner's permit and restricted
54
license are comparable to the requirements for a learner's permit and restricted license in
this State, and the person has not been convicted during the preceding six months of a
motor vehicle moving violation, a seat belt infraction, or an offense committed in another
jurisdiction that would be a moving violation or a seat belt infraction if committed in this
State.
(3)
A limited provisional license, if the person has completed a drivers
education program that meets the requirements of the Superintendent of Public
Instruction but either did not hold the license issued by the other state for at least 12
months or was convicted during the preceding six months of a motor vehicle moving
violation, a seat belt infraction, or an offense committed in another jurisdiction that
would be a motor vehicle moving violation or seat belt infraction if committed in this
State.
(h1) Exception for Persons 16 to 18 Who Have an Out-of-State Restricted License. - A
person who is at least 16 years old but less than 18 years old, who was a resident of another state
and has a restricted drivers license issued by that state, and who becomes a resident of this State
may obtain one of the following:
(1)
A limited provisional license, if the person has completed a drivers
education program that meets the requirements of the Superintendent of Public
Instruction, held the restricted license issued by the other state for at least 12 months, and
whose parent or guardian certifies that the person has not been convicted during the
preceding six months of a motor vehicle moving violation, a seat belt infraction, or an
offense committed in another jurisdiction that would be a motor vehicle moving violation
or seat belt infraction if committed in this State.
(2)
A limited learners permit, if the person has completed a drivers education
program that meets the requirements of the Superintendent of Public Instruction but
either did not hold the restricted license issued by the other state for at least 12 months or
was convicted during the preceding six months of a motor vehicle moving violation, a
seat belt infraction, or an offense committed in another jurisdiction that would be a motor
vehicle moving violation or seat belt infraction if committed in this State. A person who
qualifies for a limited learners permit under this subdivision and whose parent or
guardian certifies that the person has not been convicted of a moving violation in the
preceding six months shall be deemed to have held a limited learners permit in this State
for each month the person held a restricted license in another state.
(h2) Exception for Persons Age 15 Who Have an Out-of-State Unrestricted or
Restricted License. - A person who is age 15, who was a resident of another state, has an
unrestricted or restricted drivers license issued by that state, and who becomes a resident of this
State may obtain a limited learners permit if the person has completed a drivers education
program that meets the requirements of the Superintendent of Public Instruction. A person who
qualifies for a limited learners permit under this subsection and whose parent or guardian
certifies that the person has not been convicted of a moving violation in the preceding six months
shall be deemed to have held a limited learners permit in this State for each month the person
held an unrestricted or restricted license in another state.
(h3) Exception for Persons Less Than Age 18 Who Have a Federally Issued
Unrestricted or Restricted License. - A person who is less than age 18, who has an unrestricted or
restricted drivers license issued by the federal government, and who becomes a resident of this
State may obtain a limited provisional license or a provisional license if the person has
55
completed a drivers education program substantially equivalent to the drivers education program
that meets the requirements of the Superintendent of Public Instruction. A person who qualifies
for a limited provisional license or a provisional license under this subsection and whose parent
or guardian certifies that the person has not been convicted of a moving violation in the
preceding six months shall be deemed to have held a limited provisional license or a provisional
license in this State for each month the person held an unrestricted or restricted license issued by
the federal government.
(i)
Application. - An application for a permit or license authorized by this section
must be signed by both the applicant and another person. That person must be:
(1)
The applicant's parent or guardian;
(2)
A person approved by the applicant's parent or guardian; or
(3)
A person approved by the Division.
(j)
Duration and Fee. - A limited learner's permit expires on the eighteenth birthday
of the permit holder. A limited provisional license expires on the eighteenth birthday of the
license holder. A limited learner's permit or limited provisional license issued under this section
that expires on a weekend or State holiday shall remain valid through the fifth regular State
business day following the date of expiration. A full provisional license expires on the date set
under G.S. 20-7(f). The fee for a limited learner's permit or a limited provisional license is fifteen
dollars ($15.00). The fee for a full provisional license is the amount set under G.S. 20-7(i).
(k)
Supervising Driver. - A supervising driver shall be a parent, grandparent, or
guardian of the permit holder or license holder or a responsible person approved by the parent or
guardian or the Division. A supervising driver shall be a licensed driver who has been licensed
for at least five years. At least one supervising driver shall sign the application for a permit or
license.
(l)
Violations. - It is unlawful for the holder of a limited learner's permit, a
temporary permit, or a limited provisional license to drive a motor vehicle in violation of the
restrictions that apply to the permit or license. Failure to comply with a restriction concerning the
time of driving or the presence of a supervising driver in the vehicle constitutes operating a
motor vehicle without a license. Failure to comply with the restriction regarding the use of a
mobile telephone while operating a motor vehicle is an infraction punishable by a fine of twentyfive dollars ($25.00). Failure to comply with any other restriction, including seating and
passenger limitations, is an infraction punishable by a monetary penalty as provided in G.S. 20176. Failure to comply with the provisions of subsections (e) and (g) of this section shall not
constitute negligence per se or contributory negligence by the driver or passenger in any action
for the recovery of damages arising out of the operation, ownership or maintenance of a motor
vehicle. Any evidence of failure to comply with the provisions of subdivisions (1), (2), (3), (4),
and (5) of subsection (e) of this section shall not be admissible in any criminal or civil trial,
action, or proceeding except in an action based on a violation of this section. No drivers license
points or insurance surcharge shall be assessed for failure to comply with seating and occupancy
limitations in subsection (e) of this section. No drivers license points or insurance surcharge shall
be assessed for failure to comply with subsection (e) or (g) of this section regarding the use of a
mobile telephone while operating a motor vehicle.
(m)
Insurance Status. - The holder of a limited learner's permit is not considered a
licensed driver for the purpose of determining the inexperienced operator premium surcharge
under automobile insurance policies.
56
(n)
Driving Eligibility Certificate. - A person who desires to obtain a permit or
license issued under this section must have a high school diploma or its equivalent or must have
a driving eligibility certificate. A driving eligibility certificate must meet the following
conditions:
(1)
The person who is required to sign the certificate under subdivision (4) of
this subsection must show that he or she has determined that one of the following
requirements is met:
a.
The person is currently enrolled in school and is making progress
toward obtaining a high school diploma or its equivalent.
b.
A substantial hardship would be placed on the person or the
person's family if the person does not receive a certificate.
c.
The person cannot make progress toward obtaining a high school
diploma or its equivalent.
(1a) The person who is required to sign the certificate under subdivision (4) of
this subsection also must show that one of the following requirements is met:
a.
The person who seeks a permit or license issued under this section
is not subject to subsection (n1) of this section.
b.
The person who seeks a permit or license issued under this section
is subject to subsection (n1) of this section and is eligible for the certificate under
that subsection.
(2)
It must be on a form approved by the Division.
(3)
It must be dated within 30 days of the date the person applies for a permit
or license issuable under this section.
(4)
It must be signed by the applicable person named below:
a.
The principal, or the principal's designee, of the public school in
which the person is enrolled.
b.
The administrator, or the administrator's designee, of the nonpublic
school in which the person is enrolled.
c.
The person who provides the academic instruction in the home
school in which the person is enrolled.
c1.
The person who provides the academic instruction in the home in
accordance with an educational program found by a court, prior to July 1, 1998, to
comply with the compulsory attendance law.
d.
The designee of the board of directors of the charter school in
which the person is enrolled.
e.
The president, or the president's designee, of the community
college in which the person is enrolled.
Notwithstanding any other law, the decision concerning whether a driving
eligibility certificate was properly issued or improperly denied shall be appealed
only as provided under the rules adopted in accordance with G.S. 115C-12(28),
115D-5(a3), or 115C-566, whichever is applicable, and may not be appealed
under this Chapter.
(n1)
Lose Control; Lose License.
(1)
The following definitions apply in this subsection:
a.
Applicable State entity. - The State Board of Education for public
schools and charter schools, the State Board of Community Colleges for
57
community colleges, or the Secretary of Administration for nonpublic schools and
home schools.
b.
Certificate. - A driving eligibility certificate that meets the
conditions of subsection (n) of this section.
c.
Disciplinary action. - An expulsion, a suspension for more than 10
consecutive days, or an assignment to an alternative educational setting for more
than 10 consecutive days.
d.
Enumerated student conduct. - One of the following behaviors that
results in disciplinary action:
1.
The possession or sale of an alcoholic beverage or an
illegal controlled substance on school property.
2.
The bringing, possession, or use on school property of a
weapon or firearm that resulted in disciplinary action under G.S. 115C390.10 or that could have resulted in that disciplinary action if the conduct
had occurred in a public school.
3.
The physical assault on a teacher or other school personnel
on school property.
e.
School. - A public school, charter school, community college,
nonpublic school, or home school.
f.
School administrator. - The person who is required to sign
certificates under subdivision (4) of subsection (n) of this section.
g.
School property. - The physical premises of the school, school
buses or other vehicles under the school's control or contract and that are used to
transport students, and school-sponsored curricular or extracurricular activities
that occur on or off the physical premises of the school.
h.
Student. - A person who desires to obtain a permit or license issued
under this section.
(2)
Any student who was subject to disciplinary action for enumerated
student conduct that occurred either after the first day of July before the school year in
which the student enrolled in the eighth grade or after the student's fourteenth birthday,
whichever event occurred first, is subject to this subsection.
(3)
A student who is subject to this subsection is eligible for a certificate
when the school administrator determines that the student has exhausted all
administrative appeals connected to the disciplinary action and that one of the following
conditions is met:
a.
The enumerated student conduct occurred before the student
reached the age of 15, and the student is now at least 16 years old.
b.
The enumerated student conduct occurred after the student reached
the age of 15, and it is at least one year after the date the student exhausted all
administrative appeals connected to the disciplinary action.
c.
The student needs the certificate in order to drive to and from
school, a drug or alcohol treatment counseling program, as appropriate, or a
mental health treatment program, and no other transportation is available.
(4)
A student whose permit or license is denied or revoked due to ineligibility
for a certificate under this subsection may otherwise be eligible for a certificate if, after
58
six months from the date of the ineligibility, the school administrator determines that one
of the following conditions is met:
a.
The student has returned to school or has been placed in an
alternative educational setting, and has displayed exemplary student behavior, as
defined by the applicable State entity.
b.
The disciplinary action was for the possession or sale of an
alcoholic beverage or an illegal controlled substance on school property, and the
student subsequently attended and successfully completed, as defined by the
applicable State entity, a drug or alcohol treatment counseling program, as
appropriate. (1935, c. 52, s. 6; 1953, c. 355; 1955, c. 1187, s. 8; 1963, c. 968, ss.
2, 2A; 1965, c. 410, s. 3; c. 1171; 1967, c. 694; 1969, c. 37; 1973, c. 191, ss. 1, 2;
c. 664, ss. 1, 2; 1975, c. 79; c. 716, s. 5; 1979, c. 101; c. 667, ss. 15, 16, 41; 1981
(Reg. Sess., 1982), c. 1257, s. 2; 1989 (Reg. Sess., 1990), c. 1021, s. 11; 1991, c.
689, s. 326; 1993, c. 539, s. 319; 1994, Ex. Sess., c. 24, s. 14(c); 1997-16, s. 1;
1997-443, s. 32.20; 1997-507, s. 1; 1998-149, ss. 2.1, 2.2, 2.3, 2.4, 2.5; 1998-212,
s. 9.21(c); 1999-243, ss. 1, 2; 1999-276, s. 1; 1999-387, s. 4; 1999-452, s. 9; 2001194, s. 1; 2001-487, s. 51.5(a); 2002-73, ss. 1, 2; 2002-159, s. 30; 2005-276, s.
44.1(b); 2006-177, ss. 2-7; 2011-145, s. 28.37(d); 2011-282, s. 15; 2011-381, s. 3;
2011-385, ss. 1-3; 2011-412, s. 3.2.)
59
Know Your Rights,
Remedies, & Resources
A Handbook for
Parents/Guardians and Students
in North Carolina Public Schools
a publication of
Advocates for Children's Services
a statewide project of Legal Aid of North Carolina
1
Know Your Rights, Remedies, and Resources
ADVOCATES FOR CHILDREN’S SERVICES
Advocates for Children's Services (ACS) is a statewide project of Legal Aid of North Carolina. The focus
of ACS' work is dismantling the school-to-prison pipeline through:



High-quality legal advice and representation for children from low-income families who are being
pushed out of public school systems through suspensions, expulsions, school-based court
referrals, mistreatment by school resource officers, discrimination, unmet educational needs,
including special education, and other factors;
Community education in the form of trainings, presentations, publications, and media outreach;
and
Collaboration with and technical assistance for individuals and organizations working for
education justice.
For more information about ACS, visit www.legalaidnc.org/acs, call 919-226-0052, or email
acsinfo@legalaidnc.org.
A Handbook for Parents/Guardians and Students in North Carolina Public Schools
Produced By:
Jason Langberg
Equal Justice Works Fellow/Attorney
Advocates for Children’s Services
Date of Initial Publication:
April 2012
Last Updated: March 2013
Thank you to the following individuals for their contributions to this booklet:
Katherine Asaro, Intern, Advocates for Children's Services
Brenda Berlin, Supervising Attorney, Duke Children's Law Clinic
Christine Bischoff, Staff Attorney, Education and Law Project, NC Justice Center
Erwin Byrd, Staff Attorney, Advocates for Children's Services
Mary Chesson, Pro Bono Volunteer, Advocates for Children's Services
Brandi Clemmons, Assistant Juvenile Defender, North Carolina Juvenile Defender
Matt Ellinwood, Policy Advocate, Education and Law Project, NC Justice Center
Angela Grant, Paralegal, Advocates for Children's Services
Chris Hill, Director, Education and Law Project Director, NC Justice Center
Gregory Malhoit, Assistant Clinical Professor of Law, NCCU School of Law
Peggy Nicholson, Powell Fellow/Attorney, Advocates for Children's Services
Katy Parker, Legal Director, ACLU of North Carolina
Lewis Pitts, Managing Attorney, Advocates for Children’s Services
Jennifer Richelson, Push Out Prevention Project Fellow, Advocates for Children's Services
Andrew Stevenson, Intern, Advocates for Children's Services
Laura Swartz, Intern, Advocates for Children's Services
Christine Trottier, Attorney, Disability Rights NC
Mark Trustin, Private Attorney, Trustin Law
Jane Wettach, Clinical Professor of Law, Duke Children's Law Clinic
Eric Zogry, Juvenile Defender, North Carolina Juvenile Defender
Thank you to Equal Justice Works for its financial support.
Dedication:
To the generations of advocates who have fought for education justice and the rights of students and
parents/guardians. We honor, pay tribute to, and carry on their struggles.
2
3
Know Your Rights, Remedies, and Resources
TABLE OF CONTENTS
Introduction.............................................................................................................................................
4
Disclaimers.............................................................................................................................................
4
Students’ & Parents’/Guardians’ Rights
Sound Basic Education.....................................................................................................................
Enrollment.........................................................................................................................................
School Transfer.................................................................................................................................
Free & Reduced-Price Lunch............................................................................................................
Education Records............................................................................................................................
Discipline (Suspension, Expulsion, Alternative School, Corporal Punishment)................................
Students Who Are At Risk of Academic Failure................................................................................
Students Who Have a Disability........................................................................................................
Students Who Have Limited English Proficiency..............................................................................
Students Who Are Immigrants to the United States..........................................................................
Students Who Identify as LGBTQ.....................................................................................................
Students Who Are Pregnant or Parenting.........................................................................................
Students Who Are Homeless............................................................................................................
Freedom of Speech...........................................................................................................................
Freedom of Religion..........................................................................................................................
Freedom of Assembly........................................................................................................................
Freedom from Racial Discrimination.................................................................................................
Freedom from Gender Discrimination...............................................................................................
Freedom from Bullying......................................................................................................................
Freedom from Unreasonable Search and Seizure............................................................................
Freedom from Self-Incrimination.......................................................................................................
Freedom from Excessive Force.........................................................................................................
5
5
6
7
7
8
10
11
16
17
17
17
18
18
19
20
20
20
20
20
21
22
Remedies...............................................................................................................................................
23
Tips.........................................................................................................................................................
25
Resources..............................................................................................................................................
26
Appendix: Additional Information and Sample Forms............................................................................
28
A Handbook for Parents/Guardians and Students in North Carolina Public Schools
INTRODUCTION
This handbook provides an overview of students’ and parents'/guardians' rights, what remedies are
available when those rights are violated, tips and tools for self-advocacy, and support resources.
This handbook was written for three main reasons:
1) Students and parents/guardians are expected to follow laws and policies.
2) Students and parents/guardians often either do not know their rights or do not know what to do
when their rights are violated. Additionally, there are not enough student and parent/guardian
advocates to fulfill the need for assistance in enforcing rights and remedies. Therefore, students
and parents/guardians must be equipped with the information and tools necessary to advocate for
themselves.
3) Students have a greater chance of doing well in school, graduating, and becoming responsible,
active citizens if their rights are respected.
DISCLAIMERS
This handbook is for informational purposes only. It is not legal advice.
This handbook provides only an overview of students' and parents'/guardians' rights. It does not cover all
rights, remedies, and resources, and does not address every possible situation.
Laws and policies change over time. The information in this booklet is current as of April 2012.
This booklet is only about K-12 public schools in North Carolina. It is not intended to be used by students
and parents/guardians in charter schools (although many of the same rights apply in charter schools),
private schools, post-secondary schools, or schools outside of North Carolina.
This booklet does not include local policies and rules. It is very important for students and parents/
guardians to read their local school board policies and school rules. A copy of local policies can usually
be found on the school district's website, at the school district's central office, and/or at individual schools.
Laws and policies, and the remedies for violations of them, can be very complicated. It is strongly
recommended that students and parents/guardians contact one of the organizations listed in the
resources section of this handbook if they have questions or if their rights are violated.
Please direct corrections and suggestions for improving this handbook to Jason Langberg, 919-226-0051
ext. 438, jasonl@legalaidnc.org.
4
5
Know Your Rights, Remedies, and Resources
STUDENTS’ AND PARENTS’/GUARDIANS’ RIGHTS
Sound Basic Education
Every child has the right to an opportunity to receive a sound basic education. A sound basic education is
one that provides a student with:
 the ability to read, write, and speak English;
 sufficient knowledge of math and science in order to function in a complex and changing society;
 sufficient knowledge of geography, history, and basic economic and political systems to enable
the student to make informed choices that affect the student personally or affect the student’s
community, state, and nation;
 sufficient academic and work skills to enable the student to successfully go on to college or
vocational school after graduation;
 sufficient academic and work skills to allow the student to compete for further education or
employment;
 a competent, certified, well-trained teacher;
 a well-trained, competent principal; and
 a school that has enough resources to support an effective instructional program.
Enrollment
A student has the right to enroll in a public school if s/he:
 is between the ages of five and 21;
 tries to enroll during the first 120 days of a school year;
 lives with a parent or legal guardian in that school’s school district;
 is not currently suspended or expelled from that school or another public school; and
 has not been convicted of a felony in adult criminal court.
Though local school districts may ask for additional information, they MUST enroll the student while
waiting to receive the information.
Students Who Have Been Suspended, Expelled, or Convicted of a Felony
School districts can choose to enroll students who are suspended or expelled from another school district
and students who have been convicted of a felony in adult criminal court. A student who has an
Individualized Education Program (IEP) MUST receive a free and appropriate public education (FAPE),
even if the student is suspended or expelled from another school district or has been convicted of a
felony. See below for more information about IEPs and FAPE.
Living with a Non-Guardian
A student who is living with an adult, other than his/her parent/guardian, may attend school where the
non-guardian adult lives if the student:
 is not under suspension or expulsion from another school district;
 has not been convicted of a felony;
 is living with an adult who lives in the school district; and
 lives with the adult for at least one of the following reasons:
o the death, serious illness, or incarceration of a parent/guardian;
o the parent/guardian has completely abandoned control of the student;
o abuse or neglect by the parent/guardian;
o the parent/guardian has a physical or mental condition that prevents him/her from
providing adequate care and supervision of the student;
o the student's home may not be inhabited because of a natural disaster; or
o the parent/guardian is on active military duty and deployed.
A Handbook for Parents/Guardians and Students in North Carolina Public Schools
Group Homes and Foster Homes
A student living in a group home or foster home has the right to enroll in the school district where the
group home or foster home is located.
Students Who Are Homeless
See below for more information about the enrollment rights of students who are homeless.
School Transfer
A parent/guardian may request that his/her student be transferred to another school as long as the
request is made:
 in writing to the local board of education;
 within 10 days after the parent/guardian is notified of his/her student’s school assignment;
 on the forms required by the local board of education; and
 following the rules and regulations of the local board of education.
If the local board of education denies the transfer request, the board MUST send a letter by registered or
certified mail to inform the parent/guardian of the decision. The parent/guardian who applied for the
transfer has a right to appeal the board’s decision. If an appeal is requested, the parent/guardian MUST
be given a timely and fair hearing in front of the board. In deciding the appeal, the board MUST consider:
 what is best for the student;
 the orderly and efficient administration of the public schools;
 what is best for the school to which the student is seeking to be reassigned; and
 the instruction, health, and safety of the students at the school to which the student is seeking to
be reassigned.
The board MUST make a timely decision after the hearing and give the parent/guardian notice of the
decision. If the parent/guardian wants to further appeal the decision of the board, s/he can file a petition in
the superior court that is in the county where the school board is located.
6
7
Know Your Rights, Remedies, and Resources
Free and Reduced-Priced Lunch
A student is entitled to free lunch at school if that student’s family’s income is at or below 130% of the
federal poverty level for that year. Students whose families have incomes between 130% and 185% of
the poverty level are entitled to reduced-price lunches. A student who pays for reduced-price meals may
not be charged more than 40 cents for a meal. Current federal poverty guidelines can usually be found on
this website: http://aspe.hhs.gov/poverty.
Education Records
Privacy
Schools may not release private information from a student’s education records to anyone outside the
school system unless the school has written permission from an "eligible student" (i.e., a student who is
age 18 or older) or from the student’s parent/guardian, if the student is under age 18. However, there are
certain exceptions that allow a school to release a student's records without first getting permission from
an eligible student or parent/guardian. Examples of exceptions include:
 directory information, such as name, address, phone number, and email address;
 a public health emergency (e.g., a meningitis scare); and
 when a judge issues a lawful order for the information.
Access
Eligible students or parents/guardians have the right to review the student’s education records maintained
by the school. Education records are those records that are:
 directly related to a student; and
 maintained by an educational agency or institution (i.e., a school) or by a party acting for the
agency or institution.
A student’s official record MUST contain, at a minimum:
 adequate identification data, including date of birth, attendance data, and grading and promotion
data; and
 notice of any suspension for a period of more than 10 school days or of any expulsion, and a
description of the conduct for which the student was suspended or expelled.
Local boards of education may also require schools to maintain other information. Student records often
include additional information, such as a student’s Social Security number, grades, standardized test
scores, attendance records, medical information, teacher reports, disciplinary records, and special
education records.
Education records do not include records of law enforcement agencies (e.g., police departments and
sheriff's departments). So, law enforcement agencies may refuse to provide eligible students or
parents/guardians with the agencies' records. Records of law enforcement agencies do not include: 1)
records created by a law enforcement agency but maintained by a school or school district; or 2) records
created and maintained by a law enforcement unit exclusively for a non-law enforcement purpose, such
as a school disciplinary action or a proceeding conducted by the school or school district (e.g., a
suspension hearing). Therefore, eligible students or parents/guardians have a right to view these records.
A school MUST comply with a request for records within a reasonable period of time, but not more than
45 days after it received the request. Schools are not required to provide eligible students or
parents/guardians with copies of records unless, for reasons such as the family living a great distance
from the school, it is impossible for parents/guardians or eligible students to review the records. Any
charge for copies MUST be reasonable and may not prevent the eligible students or parents/guardians
from getting the records.
A Handbook for Parents/Guardians and Students in North Carolina Public Schools
Revisions
Eligible students or parents/guardians have the right to request that inaccurate or misleading information
in education records be changed. Schools MUST consider such requests. If the school does not change a
record, the school MUST inform the eligible student or parent/guardian of his/her right to a hearing on the
matter. If, after the hearing, the school still does not agree to change the record, the eligible student or
parent/guardian has the right to insert a statement in the record setting forth his/her own views. That
statement MUST remain in the student's record for as long as the record is maintained.
This right may not be used to challenge a grade or an individual's opinion, or a substantive decision made
by a school about a student (e.g., a suspension ruling or test score).
Discipline
Short-Term Suspension
A student facing a short-term suspension (i.e., a suspension for 10 school days or fewer) has the right to:
 receive notice (i.e., an explanation from the school as to why s/he is being suspended) that
includes:
o what rule the student broke; and
o the evidence against him/her (i.e., a description of the incident)
 tell his/her side of the story to a school administrator (this can be an informal conversation); and
 take textbooks home, get missed assignments, and make up exams.
The notice MUST be given by the end of the workday during which the suspension is imposed when
reasonably possible, but never more than two days after the suspension is imposed. The notice MUST be
given by certified mail, telephone, fax, e-mail, or any other method reasonably designed to achieve actual
notice to the parent/guardian. If English is the second language of the parent/guardian, the notice MUST
be provided in both English and the parent's/guardian's primary language, when the appropriate foreign
language resources are readily available. Both versions MUST be in plain language and easily
understandable.
Long-Term Suspension and Expulsion
A student facing a long-term suspension (i.e., a suspension lasting more than 10 school days), 365-day
suspension (i.e., a suspension lasting one calendar year), or expulsion (i.e., indefinite removal from the
school system) has the right to:
 receive written notice that MUST include:
o a description of the incident that led to the proposed suspension or expulsion;
o the specific policies from the student code of conduct that s/he is charged with violating;
o the specific process to request a hearing to challenge the suspension or expulsion,
including how many days a parent has to request it;
o a description of the format of the hearing;
o notice that the parent/guardian is permitted to have an attorney (or an advocate, if local
board policy allows it) to represent the student in the hearing process; and
o notice that the parent/guardian has the right to review and obtain copies of the student's
educational records before the hearing.
 take textbooks home, get homework, and make up tests during the first 10 days of the
suspension and during the appeals process;
 review, before the hearing, any audio or video recordings of the incident and the information
supporting the suspension that may be presented as evidence at the hearing, including
statements made by witnesses;
 have an informal hearing before an unbiased decision-maker where the student MUST be able to:
o bring an attorney;
o present evidence in his/her defense;
o bring witnesses to testify on his/her behalf;
8
9
Know Your Rights, Remedies, and Resources
question ("cross-examine") the witnesses, evidence, or statements used against him/her
by the school; and
o make a recording of the hearing.
a hearing decision that is written, based on "substantial evidence," and includes:
o the basis for the decision, including a reference to any policy or rule that the student is
determined to have violated;
o notice of what information will be included in the student's official record; and
o the student's right to appeal the decision and notice of the procedures for the appeal.
appeal the hearing decision to the local board of education; and
appeal the local board of education’s decision to the local superior court.
o See the appendix for more information about appeals to superior court and a sample
petition for judicial review.
o



Written notice may be provided by certified mail, fax, e-mail, or any other written method reasonably
designed to achieve actual notice of the recommendation for long-term suspension or expulsion. When
school personnel are aware that English is not the primary language of the parent/guardian, the notice
MUST be written in both English and in the primary language of the parent/guardian when the appropriate
foreign language resources are readily available.
If a hearing is requested in a timely manner, it MUST be held before the long-term suspension starts (i.e.,
before the end of the tenth school day of the suspension). If the student does not request a hearing, the
superintendent reviews the circumstances and then:
 imposes the suspension
 imposes another appropriate penalty; or
 declines to impose any penalty.
Alternative School
Students who are long-term suspended or expelled MUST be offered alternative education services,
unless the superintendent provides a significant or important reason for declining to offer such services.
The following may be significant or important reasons:
 the student exhibits violent behavior;
 the student poses a threat to staff or other students;
 the student substantially disrupts the learning process (e.g., setting a fire at school); and
 the student failed to comply with reasonable conditions for admittance into an alternative
education program.
The superintendent also MUST make sure that the student's education is not taken away more than
necessary to protect safety and order in the school. For example, it may not be necessary to suspend a
student for the remainder of the school year if s/he was in a minor fight at the beginning of the year, or it
may not be necessary to deprive a student of all education, if the student could take classes on a,
computer.
Readmission
All students suspended for 365 days or expelled may, after 180 calendar days from the date of the
beginning of the suspension or expulsion, request in writing to be readmitted to the school district.
A student who is suspended for 365 days and then requests readmission has the right to:
 an in-person meeting with the local superintendent or board of education;
 be readmitted if the student demonstrates that the student's presence in school no longer
constitutes a threat to the safety of other students or staff;
 a decision within 30 days of the request; and
 appeal to the board of education, if the superintendent is designated to make the initial decision.
A Handbook for Parents/Guardians and Students in North Carolina Public Schools
A student who is expelled and then requests readmission has the right to:
 a ruling from the local board of education;
 be readmitted if the student demonstrates that the student's presence in school no longer
constitutes a threat to the safety of other students or staff;
 a decision within 30 days of the request; and
 request readmission again every six months, if s/he is denied.
If a student is readmitted, the local superintendent and board of education have the right to assign the
student to any program within the school system and to place reasonable conditions on the readmission.
Corporal Punishment
Corporal punishment is the intentional infliction of physical pain upon the body of a student as a
disciplinary measure. Each local board of education determines whether corporal punishment is allowed
in the district.
If corporal punishment is allowed:
 it may not be administered in a classroom with other students present;
 only a teacher, principal, or assistant principal may administer corporal punishment;
 there MUST be a second teacher, principal, or assistant principal present;
 a school staff member MUST provide the student's parent/guardian with notification that corporal
punishment was used;
 the person who used the corporal punishment MUST provide the student's parent with a written
explanation of the reasons for the punishment and the name of the second person who was
present;
 the school MUST maintain records of each use of corporal punishment and the reasons for its
use;
 excessive force may not be used, such as force that results in injury to the child that requires
medical attention beyond simple first aid; and
 it may not be used on a student whose parent/guardian has stated in writing that corporal
punishment shall not be used on that student (parents/guardians MUST be given a form to make
such a decision at the beginning of the school year or when the student first enters the school
during the year).
Students Who Are at Risk of Academic Failure
A student who is failing or at risk of academic failure has the right to a free Personal Education Plan
(PEP). A PEP should help guide the student, parent/guardian, and teachers in bringing the student up to
grade level in all subjects. Schools MUST provide effective PEPs for all eligible students. A lack of
funding is not a valid excuse!
A student is at risk of academic failure if the student:
 scored a I and/or II on an end-of-grade (EOG) or end-of-course (EOC) exam; and/or
 has other factors that could cause academic failure, such as failing grades, excessive absences,
and/or suspensions.
The school MUST create the PEP by the end of the first grading period or after a teacher has had a
student in class for nine weeks. Schools do not need to wait for the results of EOG or EOC exams before
creating a PEP. If the school fails to provide a PEP to an eligible student, the student's parent/guardian
may request one.
PEPs MUST include:
 an evaluation to determine the student’s specific academic needs and which interventions are
best for the student;
10
11
Know Your Rights, Remedies, and Resources


intervention strategies (e.g., coaching, mentoring, tutoring, summer school, Saturday school,
extended school days, special homework, and smaller classes) that will help the student improve
to grade-level proficiency; and
monitoring strategies (e.g., assessments and evaluations) to make sure that the PEP is being
implemented and is working.
The school should involve students' parents/guardians in the implementation and ongoing review of the
PEP, and MUST provide students' parents/guardians with a copy of the PEP.
A PEP is different than an Individualized Education Program (IEP). Students at risk of academic failure
are entitled to a PEP. A student with a diagnosed disability that requires specialized instruction is
generally entitled to an IEP. See below for more information about IEPs. See the appendix for more
information about PEPs, a sample PEP request form, and a sample request to revise a PEP.
Students Who Have a Disability
Evaluation
If a parent/guardian thinks his/her student has a disability and needs special education services, the
parent/guardian has the right to have the student evaluated by the school system for free. The
parent/guardian should request an evaluation in writing. See the appendix of this guide for a form to use
to request an evaluation. If the school staff believes the student may have a disability, the school MUST
inform the parents/guardian of the suspicion and ask for permission to conduct an evaluation.
The school MUST get the parent’s/guardian’s permission before conducting the evaluation. The
evaluation MUST assess the student in all areas related to the child's suspected disability.
If a school thinks a student has a disability, it will sometimes try intervention strategies in the classroom
before or during the evaluation process. Sometimes the interventions are implemented by what is called a
"student support team" (SST), by using what is called a "student assistance plan" (SAP), or through a
four-tiered program called "responsiveness to instruction" (RTI). While SSTs, SAPs, and RTIs can be
useful to avoid unnecessarily or wrongly identifying students as disabled and in need of special education
services, schools MUST still provide an evaluation if the parent/guardian requests one or if interventions
have failed and school staff still suspect the student has a disability.
Examples of disabilities that may make a student eligible for special education services include:
 Autism
 Serious emotional disturbance
 Hearing impairment
 Specific learning disability
 Intellectual disability
 Speech or language impairment
 Orthopedic impairment
 Traumatic brain injury
 Other health impairment (such as attention
 Visual impairment
deficit hyperactivity disorder or ADHD)
After the evaluation is completed, a group of qualified professionals and the parent/guardian will meet to
decide whether the child is eligible for special education services. In order to be eligible, the student must
be "a child with a disability," which means:
 the child must have one of the recognized disabilities
 the child's disability must have a negative impact on his/her educational performance; and
 the child must need specially designed instruction.
A student can have multiple areas of eligibility, if the student has more than one disability.
If a parent/guardian disagrees with the results of the evaluation conducted by the school system, the
parent/guardian has a right to an independent educational evaluation (i.e. an evaluation conducted by a
qualified examiner who is not employed by the school system), that is paid for by the school system.
A Handbook for Parents/Guardians and Students in North Carolina Public Schools
Individualized Education Program (IEP) Team
If the child is eligible for special education services, a group called the Individualized Education Program
(IEP) Team must meet to create an IEP. The Team MUST consist of:
 the student (when appropriate);
 the student's parent/guardian;
 at least one regular education teacher;
 at least one special education teacher;
 a representative of the school district who is qualified to provide or supervise special education
instruction and who is knowledgeable about the general education curriculum; and
 an individual who can interpret the evaluation results.
Other individuals who have knowledge or special expertise regarding the student can also be included
(e.g., the student's therapist, social worker, or doctor). Parents may bring an advocate or someone to take
notes with them.
The first two meetings—the meeting to decide whether the student is eligible and the IEP Team meeting
to develop the IEP—often happen at one time.
The evaluation, the eligibility determination, and the creation of the IEP (if the student is eligible), must
take place within 90 days of the school receiving the referral (e.g., the request from the parent or school
staff member). SSTs, SAPs, and RTIs do not change or extend this requirement.
Before each Team meeting, the school MUST:
 contact the parent/guardian early enough to make sure s/he has an opportunity to attend;
 schedule the meeting at a time and place agreeable to the parent/guardian; and
 tell the parent/guardian:
o the purpose, time, and location of the meeting;
o who will be attending the meeting; and
o that s/he may invite people to the meeting who have knowledge or special expertise
about the student.
Individualized Education Program (IEP)
An IEP is a plan to meet the student's unique educational needs. The IEP MUST be a truly individualized
document. Schools may not deny a service to a student with a disability if that student truly needs the
service to fulfill his/her educational needs. A lack of funding is not a valid excuse! The IEP MUST include:
 The student's current performance in school. This information usually comes from tests,
assignments, evaluations, and observations. The statement about "current performance" must
include how the child's disability affects his/her involvement and progress in the general
curriculum.
 Goals that the student can reasonably accomplish in a year. Goals may be academic, address
social or behavioral needs, relate to physical needs, or address other educational needs. The
goals MUST be measurable—it MUST be possible to measure whether the student has achieved
the goals.
 The special education and related services to be provided to the child or on behalf of the child.
This includes supplementary aids and services that the child needs to learn in the regular
classroom to the maximum extent appropriate. Related services can include, but are not limited
to: audiology services, counseling services, medical services, occupational therapy, mobility
services, parent counseling and training, physical therapy, psychological services, recreation,
rehabilitation counseling services, social work services, speech-language pathology services, and
transportation. It can also include supports for school personnel, such as training or professional
development.
 The extent to which the student will not participate with nondisabled children in the regular class
and other school activities (i.e., what percentage of time the student will be out of the regular
class in order to receive special education services).
12
13
Know Your Rights, Remedies, and Resources



What modifications in the administration of tests the child will need.
When services will begin, how often they will be provided, where they will be provided, and how
long they will last.
How the student's progress will be measured (e.g., observations, data collection, tests and
assessments, interviews, work samples and portfolios, and reviewing class work and homework
assignments) and how the parent/guardian will be informed of that progress.
Beginning when the student is 14 years old, the IEP MUST include the courses s/he needs to take to
reach his/her post-school goals.
Beginning when the student is 16 years old, the IEP MUST include what transition services are needed to
help the child prepare for leaving school. The transition services MUST address post-secondary goals
related to training, education, employment, and where appropriate, independent living skills. The services
MUST also take into account the student's individual needs, strengths, skills, preferences, and interests.
Examples of transition services include guidance counseling, independent living skills instruction, and
help obtaining a driver's license, opening a bank account, becoming employed, completing college
applications, and acquiring assistive technology devices and services.
Beginning at least one year before the child turns 18 years old, the IEP MUST include a statement that
the student has been told of any rights that will transfer to him/her at the age of majority (i.e., age 18).
IEPs can remain in effect until age 21.
An IEP travels with the student. In other words, if a student changes schools or school districts, the
student still has a right to have the IEP remain in effect.
Free, Appropriate Public Education (FAPE)
A student with a disability has the right to a “free, appropriate public education” (FAPE). A FAPE means
that a student MUST, for free, have his/her unique academic and functional needs met and have access
to the general curriculum. Students with a disability who are long-term suspended or expelled have a right
to continue receiving a FAPE that will enable them to continue to participate in the general education
curriculum and progress toward meeting the goals set out in their IEP.
Least Restrictive Environment (LRE)
Students with disabilities have the right to receive their education in the “least restrictive environment”
(LRE). This means that schools MUST educate students with disabilities in regular classrooms with their
nondisabled peers, in the school they would attend if not disabled, to the maximum extent appropriate.
Annual Review
The student's IEP MUST be reviewed by the Team at least once each calendar year (i.e., at least once
every 365 days). The parent/guardian can request interim (i.e., more frequent) reviews if s/he believes the
IEP needs to be changed. The IEP MUST be revised as necessary during each annual review meeting.
Reevaluation
The student has the right to be reevaluated at least every three years. The purpose of the reevaluation is
to assess if the student continues to have a disability and the student's educational needs. A
parent/guardian can request interim evaluations (i.e., a parent/guardian can ask for a new evaluation
before three years has passed, if s/he believes the area of eligibility (i.e., the disability) is incorrect or that
there should an additional area of eligibility). The parent/guardian can also waive the reevaluation
requirement.
A Handbook for Parents/Guardians and Students in North Carolina Public Schools
Manifestation Determination Review (MDR)
A student with an IEP has the right to a manifestation determination review (MDR) within 10 school days
of any decision to change the student's placement, such as a transfer to an alternative school, long-term
suspension, or expulsion. Any time a child is denied access to any part of the educational services,
regardless of the time of day, it is counted as one day of a change in placement (e.g., being suspended
for part of the day or going to day treatment for part of the day).
Even if the student does not have an IEP, a MDR may still be required if the school knew that the student
is a child with a disability. A school is deemed to have knowledge that a student is a child with a disability
if, before the behavior that led to the suspension:
 the child's parent/guardian expressed concern in writing to a teacher or administrator that the
child is in need of special education and related services;
 the child's parent/guardian requested an evaluation of the child;
 the child's teacher, or another staff member in the district, expressed specific concerns about a
pattern of behavior demonstrated by the child directly to the director of special education of the
district or to other supervisory personnel in the district; or
 the child's behavior and educational performance clearly showed the need for special education.
The purpose of the MDR is for the Team to answer two questions:
 Was the student's conduct caused by, or did it have a direct and substantial relationship to, the
student's disability?; and
 Was the student's conduct the direct result of the school's failure to implement the IEP?
If the answer to either of the questions above is yes, then the student's placement generally may not be
changed and the student MUST return to the placement from which s/he was removed. However, if the
conduct involved a weapon, drugs, or serious bodily injury, then the student can be suspended for up to
45 school days regardless of whether the answer to one or both questions is yes. Also, if the conduct was
a manifestation of the student's disability, then the Team MUST conduct a functional behavioral
assessment (FBA) and create a behavioral intervention plan (BIP), or review and modify (if appropriate)
the BIP, if one already exists. See below for more information about FBAs and BIPs.
If the answer to both of the questions above is no, then the student's placement can, generally, be
changed (i.e., the student can be suspended or transferred to an alternative school or program). The
student can still appeal the suspension and MUST still receive a FAPE. See above for more information
about suspension appeals and FAPE.
Functional Behavioral Assessment (FBA)
A functional behavioral assessment (FBA) is used to help the Team figure out why the student's
behaviors are happening and what interventions will address the behaviors. A FBA should inform the
creation of a behavioral intervention plan (BIP). See below for more information about BIPs.
The FBA should include observations, interviews, and information review, such as previous discipline
referrals and teacher behavior logs. The Team should consider questions such as:
 In what settings does the behavior occur?
 Are there any settings where the behavior does not occur?
 Who is present when the behavior occurs?
 What activities or interactions take place just prior to the behavior?
 What usually happens immediately after the behavior?
 Is the student trying to gain attention or approval of a classmate, avoid instruction and difficult
assignments, avoid a low-interest subject, or achieve some other goal?
A FBA MUST be created if the student's behavior is a manifestation of his/her disability. See above for
more information about manifestation determination reviews (MDRs). However, parents/guardians can
also request a FBA at any time.
14
15
Know Your Rights, Remedies, and Resources
Behavioral Intervention Plan (BIP)
A behavioral intervention plan (BIP) is a roadmap the student and school should use to target and change
certain negative behaviors. The BIP is created using the information obtained in the functional behavioral
assessment (FBA). See above for more information about FBAs.
Effective BIPs are not punishment; instead, they should:
 have multiple interventions or support strategies;
 focus on the whole child;
 teach the child coping strategies;
 be proactive and strength-based;
 teach the child self-management skills;
 identify supports or strategies that will improve behavior (e.g., teachers stating clear expectations,
modifying seating arrangements, adapting the pace of instruction, avoiding exposing the student
to long delays, providing a choice of activities, and allowing the student to take breaks);
 establish steps to be taken when misconduct happens; and
 identify a caring adult to give the student positive time at school.
The BIP should include a description of:
 previously tried interventions and how well they did or did not work in changing the behavior;
 the behavior being targeted;
 the interventions that will be used, including who will be involved in implementing the
interventions;
 specific procedures that will be followed when misbehavior occurs;
 how data about the student's behavior will be collected;
 the expected behavior changes;
 how the success of the interventions will be measured;
 a schedule for when/how often the plan will be reviewed to determine its effectiveness;
 when and how information will be shared between home and school; and
 how the student’s behavior will be handled should it reach crisis proportions.
A BIP should also include:
 a list of the student’s strengths and abilities;
 important information about the student that could impact the plan;
 a statement describing the function or purpose of the targeted behavior; and
 a description of the behavior that will replace the inappropriate behavior.
Parents/guardians can request a BIP at any time, even if the student's behavior was not a manifestation
of his/her disability. See above for more information about manifestation determination reviews (MDRs).
See the appendix for a sample form to request a FBA and BIP.
504 Plans (Section 504 of the Rehabilitation Act of 1973)
An Individualized Education Program (IEP) is for a student with a disability who needs specialized
instruction. A 504 Plan is for a student with a disability who does not require specialized instruction but
needs the assurance that they will receive equal access to public education and services. See above for
more information about IEPs. There are more procedural protections for students with IEPs than there are
for students with 504 Plans.
504 Plans are designed to ensure that students with a disability are not discriminated against and have
their needs adequately met. 504 Plans are generally for students who have a disability that "substantially
limits one or more major life activities." Examples of such disabilities include, but are not limited to:
diabetes, epilepsy, allergies, poor vision, poor hearing, heart disease, depression, digestive disorders, or
chronic illness. Major life activities include, but are not limited to: self-care, walking, seeing, speaking,
sitting, thinking, learning, breathing, concentrating, interacting with others, and working. 504 Plans can
A Handbook for Parents/Guardians and Students in North Carolina Public Schools
also be used when a student has a temporary disability, like a broken arm, that may affect their ability to
function at school.
504 Plans are generally created by a committee at the student's school. The committee should consider
grades over the past several years, teachers' reports, information from parents and other agencies, test
scores, observations, discipline reports, attendance records, and health records.
A parent/guardian MUST be given notice before his/her child is evaluated and/or placed on a 504 Plan.
Parents/guardians MUST also be given a copy of the 504 Plan. Parents/guardians also have a right to:
 request an impartial hearing about the school district’s actions regarding the identification,
evaluation, or placement of the student; and
 file a complaint with the school district Section 504 Coordinator.
Examples of accommodations that may be part of a 504 Plan include, but are not limited to:
 Highlighted textbooks
 Behavioral intervention plans
 Extended time on tests or assignments
 Rearranging class schedules
 Peer assistance with note taking
 Visual aids
 Frequent feedback
 Preferred seating assignments
 Extra set of textbooks for home use
 Taping lectures
 Computer-aided instruction
 Oral tests
 Enlarged print
 Individual contracts
 Positive reinforcements
 Allowing the student to eat in class
The 504 Plan should be updated annually.
Translation
At a minimum, the following MUST be in the parent's/guardian's native language, unless it is clearly not
feasible to do so:
 a copy of procedural safeguards;
 the consent for an evaluation; and
 notices (e.g., plans to evaluate or re-evaluate, Team meetings, and changes in services).
See below for more information about services for students who have limited English proficiency.
Disability Discrimination
Schools and school districts may not discriminate against students with disabilities. Examples of
discrimination include:
 denial of access to educational programs and facilities (e.g., a student in a wheelchair cannot get
into a classroom because there is not a ramp); and
 denial of a free, appropriate public education (FAPE) (see above for more information about
FAPE).
If a school official is aware that a student with a disability is being bullied because of that disability, but the
school official does not act to stop the bullying, the school could be considered to have discriminated
against the student.
Students Who Have Limited English Proficiency or Who Are English Language Learners
Schools MUST:
 identify students who are not fluent in English and evaluate their academic achievement and
language skills; and
 take affirmative steps to provide English language instruction to non-English speaking students
so that students can participate meaningfully in school.
16
17
Know Your Rights, Remedies, and Resources
Failure of a school district to teach English to non-English speaking students is illegal discrimination.
English Language Learner (ELL) programs MUST be:
 based on a sound educational theory;
 supported with adequate and effective staff and resources; and
 periodically evaluated and, if necessary, revised.
Schools MUST provide language support for students with limited English proficiency (LEP) and students
who are English language learners until those students develop the English language skills necessary to
participate meaningfully in the regular course of study.
Speaking a different language is not a disability. Schools may not label students with limited English
proficiency as needing special education services just because they are learning English.
Students Who Are Immigrants to the United States
All children living in the United States, whether or not they are United States citizens, have the right to
attend school. Schools may not exclude children because they are undocumented or have undocumented
parents/guardians.
Students Who Identify as Lesbian, Gay, Bisexual, Transgender, or Queer (LGBTQ)
Public schools MUST remedy the abuse of LGBTQ students, such as harassment, bullying, threats,
name-calling, and physical harm.
If a school allows non-curricular clubs to form at the school, then the school MUST allow students to form
a LGBTQ or Gay/Straight Alliance (GSA) club. A non-curricular club is one that is not directly related to a
school class or activity. For example, if a school allows a Bible study group or community service
organization to form, the school MUST also allow students to organize an LGBTQ or GSA club. However,
if a school only allows clubs related to class subjects (i.e., curricular clubs), such as math club, the school
can prevent students from forming a LGBTQ club or GSA.
School employees may not tell anyone that a student identifies as LGBTQ without the student's
permission.
Schools may not prevent students from:
 bringing same-sex dates to prom;
 openly discussing their sexual orientation;
 being “out of the closet” and open about sexual orientation; or
 wearing clothing with a rainbow or references to gay pride.
However, schools can prohibit lewd, vulgar, indecent, and clearly offensive speech (including clothing), as
well as speech contrary to the school’s educational mission. See below for more information about
freedom of speech in schools.
Students Who Are Pregnant or Parenting
Generally, schools MUST treat pregnant or parenting students the same way they treat other students.
Schools may not discriminate against students because of pregnancy or any conditions relating to
pregnancy, including childbirth, terminating a pregnancy, or false pregnancy. In fact, schools MUST
create policies to provide assistance and support to encourage pregnant and parenting students to
remain enrolled in school and graduate.
Pregnant and parenting students have the right to participate in school events and extracurricular
activities like any other student. The school may not ask for a doctor’s note to participate in a school
A Handbook for Parents/Guardians and Students in North Carolina Public Schools
activity, unless the school requires a doctor’s note from every student with a condition requiring medical
treatment from a doctor.
Schools are required to give pregnant students the same special services given to temporarily disabled
students. For example, if temporarily disabled students receive at-home tutoring or online classes, those
services MUST be made available to pregnant students who must miss school because of the pregnancy.
Schools may not force pregnant or parenting students to attend any programs designed specifically for
pregnant or parenting students (e.g., parenting classes or alternative schools). The coursework and
classroom activities in programs designed specifically for pregnant or parenting students MUST be just as
good as (i.e., of the same quality as) the course work and classroom activities in the regular program at
the school.
If a pregnant or parenting student has to miss school due to pregnancy or related conditions or due to the
illness or medical appointments of her child, the school MUST excuse the absence for as long as a doctor
says it was necessary. Schools MUST also allow the student to make up work, tests, and projects, and, if
necessary, assign a homebound teacher to the student.
Students Who Are Homeless
A student is considered homeless if s/he does not have a fixed, regular, and adequate nighttime
residence. For example, a student may be considered homeless if s/he is:
 living in another person’s house after losing housing;
 living in a hotel, motel, trailer park, or campground because s/he has nowhere else to live;
 living in a shelter;
 abandoned in a hospital;
 awaiting foster care placement without a permanent place to stay; or
 living in a car, park, public space, abandoned building, substandard housing, bus or train station,
or something similar.
Students who are homeless have the right to go to school with other students, and may not be
discriminated against or separated from other students based on their living situations.
Schools MUST immediately enroll students who are homeless, even if the students do not have all of
their enrollment paperwork (including medical records, former school records, proof of residency, and/or
immunization records), and even if there is a disagreement about where the child should be enrolled.
Students who are homeless are allowed to stay in the school they attended before they became
homeless (called the “school of origin”) for the entire time the student is homeless. Schools MUST
provide students who are homeless with transportation to and from the student’s school of origin.
Every school district MUST have a staff member designated as a contact or liaison to children and
families that are homeless. This person is responsible for making sure that children who are homeless
living in the area are enrolled and attending school. Every state MUST have a coordinator of education
services for students who are homeless. To find the liaison, visit http://center.serve.org/hepnc/.
Freedom of Speech
Students have a right to freedom of speech in school, which includes:
 speech on controversial topics (i.e., schools may not punish students for saying something just
because it is controversial, such as discussing topics like school segregation, teen pregnancy,
gay rights, war, and politics);
 symbolic speech, such as t-shirts, arm bands, buttons, flags, decals, and other badges; and
 peaceful demonstrations, such as picketing or marching, as long as the activities are not
disrupting school.
18
19
Know Your Rights, Remedies, and Resources
Schools can limit free speech and punish students for speech that:
 is vulgar, lewd, or disruptive;
 is a true threat (i.e., that gives a person a reasonable fear for his/her safety);
 is defamatory (i.e., that is not true and harms someone’s reputation);
 is obscene (i.e., that is blatantly offensive or appeals to the shameful interest of minors);
 encourages others to commit acts of violence;
 promotes illegal activities; or
 seriously interferes with appropriate discipline in the school.
Flyers and Written Materials
Students have a right to bring flyers and other written materials to school and distribute the materials at
school. They do not need permission. However, schools can limit when, where, and how students
distribute materials. If flyers and written material contain speech that would get a student in trouble if the
speech was spoken out loud (see the examples above), then students can get in trouble for distributing
those materials.
Newspapers and Publications
If a school sponsors a student newspaper, the school can control certain aspects of what is published in
the newspaper. If a student newspaper is underground or independent (i.e., not sponsored by the school),
then students have a right to complete control over the material in the newspaper. For newspapers that
are underground or independent, students do not need to ask for permission to bring the paper to school
and they do not have to get prior approval of the material. However, schools can punish students if the
underground or independent newspaper that is distributed at school has language that is on the
prohibited list above.
Access to Information
School boards may not remove school library books just because the board disagrees with the political
philosophies, religious ideas, or opinions expressed in the books. Schools are allowed to have certain
filters on the internet while students are using computers at school.
Internet Speech
Students have the right to free speech when emailing, blogging, creating a website, or posting information
on a website. However, students MUST follow school rules when using school computers on campus and
students can sometimes be punished for speech that is on the list above of language that cannot be
used. Students can also be punished (e.g., suspended) for off-campus internet “speech” (e.g., a
Facebook post) that has a direct and immediate impact on the safety or orderly operation of the school.
Flag Salute and Pledge of Allegiance
Students do not have to stand for or say the Pledge of Allegiance. The school may not force students to
say the Pledge of Allegiance and may not punish students for refusing to do so. Schools also may not
require students to explain why they do not want to salute the flag or say the Pledge of Allegiance.
Freedom of Religion
Every student has the right to practice any religion s/he chooses or no religion. Students have the right to
pray and express their individual religious beliefs at school.
Schools MUST maintain religious neutrality, so that all students enjoy the freedom to practice any
religion. Schools may not endorse, sponsor, or require participation in any particular religion or religious
activities.
A Handbook for Parents/Guardians and Students in North Carolina Public Schools
Schools MUST not favor any religion (e.g., teach that one religion is better than another religion) or insult
any religion. Schools MUST not organize or lead prayers (even "non-denominational prayers"), Bible
discussions, or Bible readings. Schools are allowed to have classes that teach the history, literature, and
culture of various religions.
Schools are allowed to put up displays and have holiday celebrations about various religious holidays.
However, schools may not promote any one religion over others or promote being religious in general.
Freedom of Assembly
Students have the right to peacefully assemble and freely associate with others, including:
 starting a student organization;
 conducting meetings and activities at school, if other non-curriculum-related groups (e.g., church
bible study or community service organizations) can use the same school facilities; and
 conducting peaceful rallies and demonstrations at school, as long as the gathering does not
disrupt classes or school activities.
Freedom from Racial and National Origin Discrimination
Schools may not discriminate against students or parents/guardians based on race, color, or national
origin. Examples of discrimination include:
 racial harassment;
 school segregation; and
 denial of language services to national-origin-minority students who are limited in their English.
See the appendix for more information about filing federal civil rights complaints about racial and national
origin discrimination.
Freedom from Gender Discrimination and Sexual Harassment
Schools may not discriminate against students or parents/guardians based on gender.
Schools MUST protect students from sexual harassment. Sexual harassment is any unwelcome verbal or
physical conduct based on sex that makes a student feel uncomfortable and/or prevents a student from
learning. Examples include:
 insults, name-calling, and offensive jokes based on sex;
 intimidation by words or actions;
 unwelcome or inappropriate sexual touching;
 pressure for sexual activity or dating; and
 sexual assault and rape.
See the section above about pregnant and parenting students. See the appendix for more information
about filing federal civil rights complaints about gender discrimination.
Freedom from Bullying
Every school district MUST have policies and procedures to prevent, intervene, investigate, document,
and report all forms of harassment, bullying, and discrimination. See above for more information about
bullying of students with disabilities and students who identify as LGBTQ.
Freedom from Unreasonable Search and Seizure
Students have a right to be free from unreasonable searches of their persons and seizures of their
belongings.
20
21
Know Your Rights, Remedies, and Resources
School Officials
School officials (e.g., teachers and principals) and school resource officers (i.e., law enforcement officers
assigned full-time to schools) may only search a student or a student's belongings if they have
“reasonable suspicion” to believe that the student has something illegal or something that is not allowed
at school. Reasonable suspicion MUST be based on specific, individualized facts that there is a
"moderate chance" the student has something illegal or unauthorized. It may not be based on a guess,
hunch, or generalized suspicion.
School officials can search lockers, school computers, and other school property for any reason (i.e., they
do not need reasonable suspicion).
Outside Law Enforcement
When an outside law enforcement officer (i.e., one who does not work full-time in schools) conducts a
search or when an outside officer requests a school official to conduct a search, the search is only legal if
there is “probable cause.” Probable cause means that the law enforcement officer has specific evidence
that there is a "substantial chance" that the student has something unauthorized or illegal. If there is no
probable cause and the student does not give consent for the search (see below for more information
about consent), the search is illegal.
Consent
Students have a right to say no to school officials and law enforcement officers who ask for permission to
conduct a search of the student or the student's belongings. If a student says "no," the search MUST not
happen unless there is reasonable suspicion or probable cause for the search.
Scope
Searches of students MUST be reasonable in scope. In other words, school officials MUST conduct
searches in a reasonable manner. This means that the way the search is conducted MUST be related to
the objectives of the search. The following factors are relevant when determining whether searches are
conducted reasonably:
 age of the student;
 steps taken by school officials or law enforcement officers before the search;
 how intrusive the search was (e.g., a pat down or a strip search); and
 the school's interest in finding something illegal or unauthorized (i.e., how serious was the
suspected illegal activity or rule violation).
Seizure
If, during a search, a school official or law enforcement officer finds something that is illegal or against
school rules, s/he can take (or “seize”) it from the student. Any evidence that is seized can be used
against students in a delinquency or criminal proceeding and in a school disciplinary hearing (e.g., a
suspension appeal).
Freedom from Self-Incrimination (Interrogations)
Students have a right to be free from self-incrimination. In other words, they do not have to tell on
themselves when they are suspected of committing a crime or when they are charged with a crime.
Miranda Warnings
Any student under the age of 18 who is “in custody” with a law enforcement officer (including a school
resource officer or "SRO") MUST be given, before questioning, his/her Miranda warnings—i.e., that:
 s/he has the right to remain silent;
A Handbook for Parents/Guardians and Students in North Carolina Public Schools




any statement made by him/her can be and may be used against him/her;
s/he has the right to have a parent, guardian, or custodian, as well as an attorney, present during
questioning;
s/he may consult with an attorney; and
an attorney will be appointed for the student, if the student is not represented and wants one.
Any student age 18 or older who is "in custody" MUST be given, before questioning, his/her Miranda
warnings—i.e., that:
 s/he has the right to remain silent;
 any statement made by him/her can be and may be used against him/her;
 s/he may consult with an attorney; and
 an attorney will be appointed for the student, if the student is not represented and wants
representation.
If a student is age 13 or younger, no “in custody” admission or confession can be used against the
student in court unless the confession or admission was made in the presence of the student's parent,
guardian, custodian, or attorney. In other words, a student who is age 13 or younger may not waive (i.e.,
give up) the requirement of having a parent, guardian, or custodian present.
For a student age 14 or older, there is no legal requirement for a parent, guardian, or custodian to be
present if the juvenile chooses to make an “in custody” statement, as long as the student was informed
that s/he had a right to have a parent, guardian, or custodian, as well as an attorney, present.
Regardless of age, "in custody" interrogations by law enforcement officers MUST stop if the student
indicates that s/he does not want to be questioned any more.
“In Custody”
For a student to be considered "in custody," the questioning MUST be:
 by a law enforcement officer;
 in the presence of a law enforcement officer; and/or
 at the direction of a law enforcement officer (e.g., a police officer tells a principal to interrogate a
student and share the answers).
There is no set definition of "in custody." Whether a student is considered "in custody" depends on all of
the circumstances surrounding the questioning. A student is "in custody" if s/he has been arrested or if
his/her freedom has been restricted in a significant way. Whether a student is "in custody" depends on
factors that may include:
 the student's age;
 who is asking the questions (e.g., a school administrator or law enforcement officer);
 the amount of time the student was questioned;
 the location of the questioning (e.g., in a room with a closed and locked door);
 whether the student was handcuffed or restrained in any way; and
 whether the student was told that s/he could leave.
Freedom from Excessive Force
Students have a right to be free from excessive force. There is no exact definition of excessive force. It is
generally considered force that is more than the minimum amount needed to achieve a legitimate
purpose.
School personnel (e.g., teachers and administrators) may use reasonable force on students when it is
necessary under the circumstances, such as:
 to stop a disturbance that threatens to injure others;
 to obtain possession of a weapon; and
 for self-defense.
22
23
Know Your Rights, Remedies, and Resources
REMEDIES
School districts and schools will not always follow laws and policies. It is important for students and
parents to assert their rights, if the school is not following the law. The following are some of the ways that
students and parents/guardians can remedy violations of their rights. Students and parents should
contact a lawyer when they need assistance. See below for a list of free legal resources.
Meeting with Principal and Teachers
If a student's or parent's/guardian's right has been violated, a good first step is to meet in-person with the
student's principal in order to resolve the issue quickly and cordially. See the appendix for a sample
meeting request letter.
Meeting with School Board Member
All citizens in North Carolina are represented by at least one elected local school board member.
Students and parents/guardians can request to meet with their school board member(s) in order to
discuss their concerns and ask for assistance. Usually school board members and their contact
information can be found on the school district website.
Grievance
Every school district in North Carolina MUST have a grievance policy. Grievances can be filed by
students and parents/guardians for any violation of a law or policy by a school district employee. See the
appendix for more information about grievances and sample forms.
Internal Affairs Complaint
A student who is mistreated by a law enforcement officer can file a complaint with the law enforcement
officer's employer (i.e., the sheriff's department or police department). Law enforcement agencies
generally have internal affairs departments that investigate incidents of lawbreaking and professional
misconduct by officers. See the appendix for an internal affairs complaint form.
Office of Administrative Hearings Petition
Decisions and actions related to special education laws and policies can be appealed by filing a petition
(sometimes called a "due process petition") in the Office of Administrative Hearings (OAH). OAH is an
independent, quasi-judicial agency that was established to provide a source of independent
Administrative Law Judges (ALJs) to preside in administrative law contested cases. See the appendix for
more information about OAH petitions and a petition form.
Office for Civil Rights Complaint
Students discriminated against on the basis of sex, race, national origin, age, or disability can file
complaints with the Office for Civil Rights (OCR) of the U.S. Department of Education. OCR enforces
several federal civil rights laws that prohibit discrimination in programs or activities that receive federal
financial assistance from the Department of Education. All school districts in North Carolina receive such
assistance. See the appendix for more information about complaints to OCR and a sample complaint
form.
A Handbook for Parents/Guardians and Students in North Carolina Public Schools
Complaint to the Department of Public Instruction
A student with a disability whose rights have been violated can file a complaint with the North Carolina
Department of Public Instruction (DPI), Exceptional Children Division. See the appendix for more
information about complaints to DPI and a sample complaint form.
Petition for Judicial Review
The judicial branch of government has the authority and the duty to protect students' legal rights.
Students and parents/guardians can file petitions for judicial review in their local superior court or in the
federal court for their region of the state, depending on the case. For example, students who are longterm suspended from school can appeal the school board's decision to uphold the suspension by filing a
petition for judicial review in the local superior court. See the appendix for more information about
petitions for judicial review and a sample petition form for use in suspension and expulsion appeals.
Contact the Media
Students and parents/guardians can try to express their concerns publicly by contacting the media (e.g.,
television stations, radio stations, and newspapers) through letters to the editor, op-eds, and contacting a
reporter and requesting that a story be written. They can also share their stories using social media, such
as blogs, Twitter, Facebook, and YouTube.
24
25
Know Your Rights, Remedies, and Resources
TIPS
Read this entire handbook. Know your rights, remedies, and resources!
Carefully read local policies, including the school board’s policies and your school’s policies. Keep a
copy for future reference.
Document everything in writing. For example, if you make a request (e.g., for a meeting, services, or
records), do it in writing, date it, and keep a copy of the letter for your records.
Ask a lot of questions and take good notes during meetings and conversations with teachers and
administrators. Write down the date and time of each conversation, and the name of the person with
whom you spoke. If possible, send a letter to the school confirming what was discussed.
Keep good records. Get a binder, file folder, or box, and keep in one place all records (e.g., report
cards, letters from school, student handbooks, and evaluations), copies of documents you have given the
school, and all of your notes from meetings and phone calls.
Be a good listener.
Be part of the solution. Help teachers, counselors, and administrators come up with ways to solve
problems and ensure student success.
Give respect to get respect. Make the school takes you seriously by being on time, polite, and firm.
Try to control your emotions. If you are upset or angry during a meeting at school, ask to take a break
to walk around or call a friend. If you are crying or yelling at school employees, they are less likely to
really hear and understand what you are trying to say.
Request and review all of the student's education records each year.
Do not be afraid to ask for help. Take someone with you to meetings at the school. Very often there are
people in the community who help parents/guardians in dealing with schools. Tell the school in advance
that you will be bringing the person. At most meetings, there will be several school employees present, so
it may help you feel more comfortable to not be alone. Also, there will be someone to witness what
happened in case later there is a dispute about what took place at the meeting. If the person is a trained
education advocate who knows the school rules, s/he can offer suggestions at the meeting or point out if
the school is not doing what it should. Finally, having a third party often helps keep the meeting focused
and productive. See below for support resources. See below for organizations that provide advocates.
Visit classes and meet your student’s teachers, administrators, and support staff early in the school
year. Let the school know you care and will be involved. Get the teachers’ phone numbers and email
addresses, and give them your contact information. Attend parent-teacher conferences, open houses,
and other school events.
Keep up to date on assignments and progress.
A Handbook for Parents/Guardians and Students in North Carolina Public Schools
RESOURCES TO LEARN MORE ABOUT STUDENTS' RIGHTS
State
National
Advocates for Children's Services
www.legalaidnc.org/acs
American Civil Liberties Union
www.aclu.org
American Civil Liberties Union of NC
www.acluofnorthcarolina.org
Dignity in Schools
www.dignityinschools.org
Council for Children's Rights
www.cfcrights.org
Lambda Legal
www.lambdalegal.org
Disability Rights NC
www.disabilityrightsnc.org
National Dissemination Center for Children with
Disabilities
http://nichcy.org
Duke Children's Law Clinic
www.law.duke.edu/childedlaw
Exceptional Children's Assistance Center
www.ecac-parentcenter.org
NC Department of Public Instruction
www.ncpublicschools.org
NC Juvenile Defender
www.ncids.org/JuvenileDefender
National Juvenile Defender Center
www.njdc.info
National Women's Law Center
www.nwlc.org
U.S. Department of Education
www.ed.gov
Wrightslaw
www.wrightslaw.com
26
27
Know Your Rights, Remedies, and Resources
RESOURCES FOR ASSISTANCE
Legal
Advocates for Children’s Services
919-226-0052
acsinfo@legalaidnc.org
www.legalaidnc.org/acs
Statewide
ACLU of NC
919-834-3390
aclu@nc.rr.com
www.acluofnorthcarolina.org
Statewide
Council for Children’s Rights
704-372-7961
info@cfcrights.org
www.cfcrights.org
Charlotte-Mecklenburg
Disability Rights NC
919-856-2195
info@disabilityrightsnc.org
www.disabilityrightsnc.org
Statewide
Duke Children’s Law Clinic
919-613-7169
www.law.duke.edu/childedlaw
Triangle
Legal Aid of North Carolina
1-866-219-5262
www.legalaidnc.org
Statewide
NC Central University, Juvenile Law Clinic
919-530-5245
nmpare@nccu.edu
http://law.nccu.edu/clinics/juvenile-law/
Triangle
NC Justice Center
919-856-2570
contact@ncjustice.org
www.ncjustice.org
Statewide
Pisgah Legal Services
828-253-0406
info@pisgahlegal.org
www.pisgahlegal.org
Western North Carolina
UNC Center for Civil Rights
919-843-3921
civilrights@unc.edu
www.law.unc.edu/centers/civilrights
Statewide
Other
Action for Children NC
919-834-6623
admin@ncchild.org
www.ncchild.org
Statewide
NC NAACP
919-682-4700
execdirnaacpnc@gmail.com
www.naacpnc.org
Statewide
Coalition of Concerned Citizens for African
American Children
ccaac_aacca@yahoo.com
www.cccaac.com
Wake County
Parents Supporting Parents
336-210-5608
psp.org@triad.rr.com
www.parents-supporting-parents.org
Guilford County
Exceptional Children’s Assistance Center
1-800-962-6817
ecac@ecacmail.org
www.ecac-parentcenter.org
Statewide
APPENDIX
Form: Letter to Meet with Principal
Student Name
Student School
Parent/Guardian Name
Parent/Guardian Address
Parent/Guardian Phone
Parent/Guardian Email
Dear Principal:
I would like to meet with you to discuss:
Please contact me at your earliest convenience to arrange a date, time, and location to meet with me.
Thank you,
______________________________________
Signature of Parent/Guardian
___________________________
Date Submitted to the Principal
Background: Grievances
What is a grievance?
A grievance is a written complaint about the actions of a school district employee. Grievances may be
filed by students and parents/guardians. Every school district in North Carolina MUST have a grievance
policy. Students and parents/guardians should make sure to carefully read their local grievance policies.
When may a grievance be filed?
If a student or parent/guardian believes that a school district employee has violated, misapplied, or misinterpreted a law or policy, s/he may file a grievance. Many complaints may be resolved informally by
talking directly with the teacher or principal, but when those efforts do not work, the formal grievance
process described below is available.
Grievances are not the appropriate way to “grieve” a long-term suspension or expulsion, which should be
appealed using the rights described above and the process in the local school board policy.
What information MUST be in the grievance?
 the name of the school system employee(s) whose decision or action caused the complaint;
 the specific decision(s) or action(s) by that individual that led to the complaint;
 any school board policy, state or federal law, state or federal regulation, or State Board of
Education policy or procedure that the student and/or parent/guardian believes has been
misapplied, misinterpreted or violated; and
 the specific resolution or corrective action desired (i.e., what the student and/or parent/guardian
wants to happen as a result of the employee's actions).
What is generally the grievance process? (Note: The process may differ from distrct-to-district.)
 Filing: A grievance should be filed as soon as possible after the incident, and MUST be filed
within 30 days after the incident that is the subject of the complaint. If the grievance is filed after
30 days have passed, the school can, but is not required to, take any further action.
 Conference: After receiving the grievance, the principal MUST schedule, within five school days,
a meeting with the person who filed the grievance.
 Principal's Decision: After the conference, the principal MUST give his/her decision on the matter
in writing to the student or parent/guardian within five school days.
 Appeal to the Superintendent: If the student or parent/guardian is not satisfied with the decision,
s/he may appeal to the superintendent. The appeal MUST be made within five school days after
receiving the principal's written response.
 Superintendent's Decision: Once the superintendent receives the appeal, s/he MUST review it
within five school days. However, if the superintendent determines that more investigation is
needed, s/he may have 15 additional days to investigate. After the review is completed, the
superintendent MUST give the student or parent/guardian a decision in writing within 10 school
days.
 Appeal to the Board of Education: If the grievance is not resolved by the superintendent, it may
be appealed in writing to the board of education. This written appeal MUST be made within 10
school days following the written response from the superintendent.
 Board's Decision: A Board’s consideration of a grievance appeal takes place in a closed session
and is limited to the written record (i.e., the appeal to the principal and the superintendent, their
responses, and other documents related to the suspension), unless the board determines that
additional information is necessary. There is generally no hearing or in-person meeting. The
board may affirm, reverse, or modify the decision of the superintendent. The board MUST give
the student or parent/guardian a final, written decision within 30 days of the session.
If the school system fails to comply with the time periods or other procedures, the parent/guardian may
advance the grievance to the next level. For example, if a parent/guardian files a grievance with a
principal and the principal does not respond within five school days, the parent/guardian can immediately
file an appeal with the superintendent.
Form: Grievance to Principal
Student Name
Student School
Parent/Guardian Name
Parent/Guardian Address
Parent/Guardian Phone
Parent/Guardian Email
Date of Incident
Location of Incident
Name of Employee(s) Who
Committed Violation(s)
Laws and/or Policies
Violated
Detailed Description of Incident:
Requested Corrective Action:
I request a conference with you to discuss this grievance and seek a resolution to the problem. Please
contact me with a date, time, and location for a conference to be held within the next five school days.
Thank you.
____________________________________
Signature of Student or Parent/Guardian
___________________________
Date Submitted to the Principal
Form: Grievance Appeal to Superintendent
* ATTACH A COPY OF THE ORIGINAL GRIEVANCE TO THE PRINCIPAL AND THE PRINCIPAL'S
WRITTEN RESPONSE.
Student Name
Student School
Parent/Guardian Name
Parent/Guardian Address
Parent/Guardian Phone
Parent/Guardian Email
Date of Incident
Date Grievance Filed
Date of Conference
Date of Principal's Response
I am not satisfied with the principal's response to my grievance because:
Please review this grievance appeal within five school days and send me a written response within 10
school days after completing the review. Thank you.
_____________________________________
Signature of Student or Parent/Guardian
________________________________
Date Submitted to the Superintendent
Form: Grievance Appeal to Board of Education
* ATTACH A COPY OF THE ORIGINAL GRIEVANCE TO THE PRINCIPAL, THE PRINCIPAL'S
WRITTEN RESPONSE, THE APPEAL TO THE SUPERINTENDENT, AND THE SUPERINTENDENT'S
WRITTEN RESPONSE.
Student Name
Student School
Parent/Guardian Name
Parent/Guardian Address
Parent/Guardian Phone
Parent/Guardian Email
Date of Incident
Date Grievance Filed
Date of Conference
Date of Principal's Response
Date of Appeal to Superintendent
Date of Superintendent's Response
I am not satisfied with the superintendent's response to my grievance because:
Please review this grievance appeal within five school days and send me a written response within 30
days. Thank you.
____________________________________
Signature of Student or Parent/Guardian
_________________________________
Date Submitted to the Board of Education
Form: Internal Affairs Complaint to Local Police Department of Sheriff's Department
* SUBMIT A COPY OF THIS FORM TO YOUR LOCAL INTERNAL AFFAIRS DEPARTMENT.
Student:
Full Name
School
Age
Grade
Parent/Guardian:
Full Name
Address
Phone
Email
Law Enforcement Officer:
Name
Agency
Badge #
Incident Prompting Law Enforcement Involvement:
Date
Time
Location
Attach additional pages if necessary.
Witness 1:
Full Name
Address
Phone
Email
Witness 2:
Full Name
Address
Phone
Email
Attach additional pages with names and contact information for witnesses if necessary.
The law enforcement officer violated my right or my student's right to be free from: (Check all that
apply.)
____ Unreasonable search and seizure
____ Self-incrimination
____ Bullying
____ Sexual harassment
____ Excessive force (e.g., use of TASERs, physical injury)
____ Discrimination
Describe any other violations or misconduct:
Provide a detailed description of the incident(s):
Attach or enclose any evidence of misconduct, such as video footage, photographs, and witness
statements.
____________________________________
Signature of Student
____________________________________
Signature of Parent/Guardian
___________________________
Date Submitted to Internal Affairs
Background: Personal Education Plans (PEPs)
What is a Personal Education Plan (PEP)?
An individualized plan designed to improve a student's performance to grade-level proficiency.
How do I know if my student should have a PEP?
PEPs are for students who are at risk for academic failure. Schools MUST create a PEP when a student:
 scores a level I and/or II on an end-of-grade (EOG) or end-of-course (EOC) exam; and/or
 is at risk of academic failure based on other factors like failing grades, excessive absences, and
suspensions.
What is the timeline for creating a PEP?
PEPs MUST be created or updated each year by the end of the first grading period, or after a teacher has
had a student in class for nine weeks. Schools do not need to wait for the results of EOG or EOC exams
before creating a PEP.
What goes into a PEP?
 a diagnostic evaluation to see what difficulties the student has and what interventions will best
help the student;
 intervention strategies such as coaching, mentoring, tutoring, summer school, Saturday school,
extended school days, special homework, smaller classes, and modified instructional programs;
and
 monitoring strategies to make sure that the student’s PEP is being implemented and is working.
What if the school does not respond to my letter, refuses to give my student a PEP, or doesn’t
implement the PEP?
File a grievance. See above for more information about grievances.
What else should I know about PEPs?
 PEPs are free (i.e., provided at no cost to students and parents/guardians).
 Parents/guardians should be included in the implementation and ongoing review of PEPs.
 Schools MUST provide free transportation to all students who need it to access interventions in
PEPs.
 Schools MUST provide parents/guardians with copies of PEPs.
 A student with a disability should have Individualized Education Program (IEP).
Form: Personal Education Plan (PEP) Creation Request
Student Name
Student School
Parent/Guardian Name
Parent/Guardian Address
Parent/Guardian Phone
Parent/Guardian Email
I am concerned that my student is at risk of academic failure because s/he: (check all that apply)
____
____
____
____
Failed his/her most recent end-of-grade or end-of-course exam
Has received failing grades on assignments, quizzes, tests, and/or assessments
Has excessive absences
Has been repeatedly short-term suspended, or long-term suspended or expelled
Additional Information:
Please conduct a diagnostic evaluation of my student and then create a personal education plan (PEP)
that includes focused educational interventions and monitoring strategies. Please contact me within 10
school days to schedule a time to meet with the team that will be conducting the diagnostic evaluation
and for me to sign any necessary paperwork so that my child’s needs can be addressed as soon as
possible. I wish to exercise my right to be included in the implementation and ongoing review of my
student's PEP.
Thank you.
____________________________________
Signature of Parent/Guardian
___________________________
Date Submitted to the Principal
Form: Personal Education Plan (PEP) Revision Request
Student Name
Student School
Parent/Guardian Name
Parent/Guardian Address
Parent/Guardian Phone
Parent/Guardian Email
My student has had a PEP for at least two full grading periods; however, s/he is not making adequate
academic progress and is still at risk for academic failure.
Additional Information:
Please contact me within 10 school days to schedule a time to meet with the team that will revise my
student's PEP.
Thank you.
____________________________________
Signature of Student or Parent/Guardian
___________________________
Date Submitted to the School
Form: Request for an Evaluation to Determine Eligibility for Special Education Services
Student Name
Student School
Parent/Guardian Name
Parent/Guardian Address
Parent/Guardian Phone
Parent/Guardian Email
Dear Principal:
I request that my student be evaluated to determine if s/he is a child with a disability who is eligible for
special education services. I believe my student may eligible because s/he:
Please contact me within 10 school days to schedule a time to meet with you to discuss the process and
for me to sign any necessary paperwork so that my child’s needs can be addressed as soon as possible.
Also, please accept this request as written consent to evaluate my child.
Thank you.
_____________________________________
Signature of Parent/Guardian
___________________________
Date Submitted to the Principal
Form: Request for an Individualized Education Program (IEP) Team Meeting
Student Name
Student School
Parent/Guardian Name
Parent/Guardian Address
Parent/Guardian Phone
Parent/Guardian Email
Dear Principal:
I would like to meet with my student's Individualized Education Program (IEP) Team to discuss my
student's: (Check all that apply.)
____
____
____
____
____
____
____
____
Behavioral issues
Academic issues
Area of eligibility/disability
Teacher(s)
Special education services
Related services
Accommodations
Other: _________________________________________________
Additional information:
Please have someone contact me within 10 school days with a possible date, time, and location for an
IEP Team meeting.
Thank you,
____________________________________
Signature of Parent/Guardian
___________________________
Date Submitted to the Principal
Form: Request for a Functional Behavioral Assessment (FBA) and Behavioral
Intervention Plan (BIP)
Student Name
Student School
Parent/Guardian Name
Parent/Guardian Address
Parent/Guardian Phone
Parent/Guardian Email
Dear Principal:
I would like for my student's IEP Team to conduct a functional behavioral assessment (FBA) and then
create a behavioral intervention plan (BIP). I believe my student needs a FBA and BIP because s/he has
received: (Check all that apply)
____
____
____
____
____
____
____
Multiple write-ups and/or office referrals
Multiple detentions
Multiple placements in in-school suspension (ISS)
Multiple bus suspensions
Multiple short-term suspensions
A long-term suspension or 365-day suspension
Other: ______________________________________________________________
Additional information:
Please have someone contact me within 10 school days with a possible date, time, and location for an
IEP Team meeting.
Thank you,
____________________________________
Signature of Parent/Guardian
___________________________
Date Submitted to the Principal
Background: Office of Administrative Hearings Petitions
What is the Office of Administrative Hearings (OAH)?
OAH is an independent, quasi-judicial agency that provides Administrative Law Judges (ALJs) to preside
in State administrative law proceedings. In other words, ALJs provide an impartial review of state agency
decisions, including the decisions of IEP Teams. For more information, visit www.ncoah.com.
Why would I file a petition in OAH?
Decisions of a student's Individualized Educational Program (IEP) Team can be appealed by filing a
petition in OAH (often called a "due process petition"). Examples of matters that could result in a petition
include when a parent disagrees with:
 the results of an evaluation to determine eligibility for special education services;
 the educational placement of a student in special education or related services;
 whether the student is receiving a free, appropriate public education; and/or
 a manifestation determination review outcome.
When MUST I file a petition in OAH?
The petition MUST be filed within one year after the parent/guardian learns of the violation or actions
giving rise to the complaint. However, the one-year restriction does not apply if the parent/guardian was
unable to meet that deadline because the school or IEP Team has not met its obligations, or when the
school or IEP Team failed to provide the parent/guardian with information that it was legally required to
disclose.
How do I file a petition?
 Complete the petition below.
 Make four copies of the petition, in addition to the original.
 Mail the original petition and one copy to:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
 Keep one copy for your personal records.
 Mail or hand-deliver one copy to the local superintendent.
 Fax (919-807-3243) or mail one copy to:
N.C. Department of Public Instruction
6356 Mail Service Center
Raleigh, NC 27699-6356
What happens after I file a petition?
The school district has 15 days after receiving the petition to meet (often called a "resolution meeting")
with you to discuss the issues raised in the petition and to try to resolve the dispute. At the meeting,
relevant members of the IEP Team should be present, along with someone from the local board of
education who has decision-making authority on behalf of the board. The board may not be represented
by an attorney unless you are also represented by an attorney. You and the school system can agree in
writing not to have a "resolution meeting." If a resolution is not be reached within 30 days of the local
superintendent receiving the petition, a hearing will be held (often called a "contested case hearing").
What if my child has been suspended or expelled?
If you are appealing a manifestation determination review (MDR) decision, then the process moves much
more quickly. The OAH hearing must be held within 20 days from the day the school receives the petition
from the parent/guardian, and the hearing officer must reach a decision within 10 days after the hearing.
The resolution meeting discussed above must be held within seven days of the school receiving the
petition.
What if my child's placement has been changed?
If you are appealing a change in placement (e.g., your child was moved from a resource classroom to a
regular education classroom), you have the right for your child to "stay put" in his/her current educational
placement while you appeal to OAH.
Where will my hearing be held?
The hearing MUST be held in the county where the child is enrolled, unless both parties agree to a
different venue.
What happens at the hearing?
The hearing is very similar to a trial in court, but with no jury. At the hearing, the student and
parent/guardian have the right to:
 present evidence on any relevant issues;
 be represented by a lawyer;
 subpoena witnesses and documentary evidence (i.e., ask the judge to order that certain
witnesses and documents be presented in court); and
 cross-examine witnesses.
What will happen after the hearing?
The judge has 45 days to issue a written decision that addresses all of the issues raised in the petition
(except in MDR appeals, when the judge has 10 days to decide). All of the parties will receive a copy of
the decision, along with a notice of the availability of an appeal.
What can I do if I do not agree with the judge's decision?
A judge's decision can be appealed within 30 days by filing a written appeal to the State Board of
Education. The State Board will appoint a Review Officer to review the case, and a copy of his/her
decision will be served on all parties.
Form: Office of Administrative Hearings (OAH) Petition
STATE OF NORTH CAROLINA
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
EDC
COUNTY OF (1) ______________________________
(2) ________________________________________ by parent
(Student Name)
or guardian _________________________________________
(Parent/Guardian Name)
PETITIONERS,
v.
(3) ________________________________________________
(Name of County, City, or Charter)
Board of Education
RESPONDENT.
)
)
)
)
)
)
)
)
)
)
)
)
PETITION FOR A
CONTESTED CASE HEARING
(Special Education)
(4) Student's School: __________________________________________________________________
(5) Student's Name: ___________________________________________________________________
(6) Student's Birthdate: ________________________________________________________________
(7) Student's Address: _________________________________________________________________
(Street Address)
(City)
(State)
(Zip)
(County)
I hereby petition for a due process contested case hearing as provided for by the Individuals with
Disabilities Education Act (IDEA) (20 U.S.C. 1400 et seq.), North Carolina General Statute §115C-109.6,
and Article 3 of Chapter 150B of the General Statutes.
(8) My Petition is based upon a dispute regarding the following: (Check all that apply.)
______ The identification of my child as a student with a disability needing special education;
______ The evaluation to determine whether my child has a disability under IDEA and/or the nature and
extent of the special education and related services my child needs;
______ The educational placement of my child in special education or related services under IDEA;
______ My child has been denied a free, appropriate public education;
______ The decision regarding a manifestation determination for my child; and/or
______ Other (please elaborate on a separate sheet.)
(9) Describe the problem and the facts that support your Petition: (Attach additional pages if necessary.)
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
(10) Describe the resolution or remedy you are seeking: (Attach additional pages if necessary.)
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
(11) Date: ___________________________________________________________________________
(12) Your Phone Number: _______________________________________________________________
(13) Your Address: ____________________________________________________________________
(Street Address/P.O. Box)
(City)
(State)
(Zip)
(County)
(14) Your Name: ______________________________________________________________________
(15) Your Signature: ___________________________________________________________________
CERTIFICATE OF SERVICE
I certify that this Petition has been served on the Local or County Superintendent of Schools named
below by depositing a copy of it with the United States Postal Service with sufficient postage affixed or by
hand-delivering it to the named superintendent.
(16) ________________________________________________________________________________
(Name of Superintendent Served)
(17) ________________________________________________________________________________
(School Board Listed for Number 3 Above)
(18) ________________________________________________________________________________
(Street Address/P.O. Box)
(City)
(State)
(Zip)
(19) ________________________________________________________________________________
(Your Signature)
(20) ________________________________________________________________________________
(Date)
Form: Office of Administrative Hearings (OAH) Petition—MDR Decisions
STATE OF NORTH CAROLINA
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
EDC
COUNTY OF (1) ______________________________
(2) ________________________________________ by parent
(Student Name)
or guardian _________________________________________
(Parent/Guardian Name)
PETITIONERS,
v.
(3) ________________________________________________
(Name of County, City, or Charter)
Board of Education
RESPONDENT.
)
)
)
)
)
)
)
)
)
)
)
)
EXPEDITED PETITION FOR A
CONTESTED CASE HEARING
(Special Education—
Manifestation Determination)
(4) Student's School: __________________________________________________________________
(5) Student's Name: ___________________________________________________________________
(6) Student's Birthdate: ________________________________________________________________
(7) Student's Address: _________________________________________________________________
(Street Address)
(City)
(State)
(Zip)
(County)
In accordance with Article 3 of Chapter 150B of the North Carolina General Statutes, I hereby petition for
an expedited due process contested case hearing as provided for by the Individuals with Disabilities
Education Act (IDEA) (20 USC. 1400 et seq.) and the IDEA 2004 Regulations (specifically 34 CFR
300.532); and as also provided for in Article 9 of Chapter 115C of the North Carolina General Statutes.
My Petition is based upon a dispute regarding the decision reached in a manifestation determination
review (or other special circumstances provided for in 34 CFR 300.530 and 300.531) for my child to
change placement related to a disciplinary suspension.
(8) Date of Manifestation Determination: ___________________________________________________
(9) Describe the problem and the facts that support your Petition: (Attach additional pages if necessary.)
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
(10) Describe the resolution or remedy you are seeking: (Attach additional pages if necessary.)
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
(11) Date: ___________________________________________________________________________
(12) Your Phone Number: _______________________________________________________________
(13) Your Address: ____________________________________________________________________
(Street Address/P.O. Box)
(City)
(State)
(Zip)
(County)
(14) Your Name: ______________________________________________________________________
(15) Your Signature: ___________________________________________________________________
CERTIFICATE OF SERVICE
I certify that this Petition has been served on the Local or County Superintendent of Schools named
below by depositing a copy of it with the United States Postal Service with sufficient postage affixed or by
hand-delivering it to the named superintendent.
(16) ________________________________________________________________________________
(Name of Superintendent Served)
(17) ________________________________________________________________________________
(School Board Listed for Number 3 Above)
(18) ________________________________________________________________________________
(Street Address/P.O. Box)
(City)
(State)
(Zip)
(19) ________________________________________________________________________________
(Your Signature)
(20) ________________________________________________________________________________
(Date)
Background: Complaints to the Office for Civil Rights (OCR)
What is the Office for Civil Rights (OCR) of the U.S. Department of Education?
OCR enforces federal civil rights laws that prohibit discrimination in programs or activities that receive
federal financial assistance from the U.S. Department of Education. All school districts in North Carolina
receive federal money.
Who can file a complaint?
Anyone who believes that a school or school district has discriminated against someone on the basis of
race, color, national origin, sex, disability, or age can file a complaint. The person or organization filing the
complaint (called a "complainant") does not have to be a victim of the alleged discrimination but may
complain on behalf of another person or group.
When MUST the complaint be filed?
A complaint MUST be filed within 180 calendar days of the date of the alleged discrimination, unless the
time for filing is extended by OCR for good cause shown under certain circumstances.
MUST a grievance be filed before filing a complaint with the OCR?
No. A complaint may be filed with OCR before filing a grievance with the local board of education. Or, a
complainant may file a grievance and file a complaint with the OCR, as long as the complaint is filed with
OCR within 60 days after the grievance process is completed.
How can I file a complaint?
Fill out the form below and submit it any of the following ways:
 Mail:
Office for Civil Rights
U.S. Department of Education
400 Maryland Ave., S.W.
Washington, DC 20202-1475
 Email: ocr@ed.gov
 Online: www.ed.gov/about/offices/list/ocr/complaintintro.html
What happens after the complaint is filed?
 OCR evaluates the complaint;
 OCR decides whether to open an investigation or to dismiss the complaint; and
 OCR sends a letter to the person who filed the complaint and the institution accused of
discrimination.
What happens during an OCR investigation?
OCR may review documents submitted by both parties, conduct interviews, and/or visit the school district.
At the end of the investigation, OCR decides whether there is enough evidence to conclude that the
institution committed discrimination and violated the law. OCR will send both parties a letter stating their
conclusions.
What happens if OCR finds that discrimination occurred?
OCR will contact the recipient of federal funds to attempt to voluntarily resolve the violation. If the
recipient agrees, it will sign a written resolution agreement that explains the steps it will take to address
the problems. OCR will monitor the recipient to make sure it follows through with the agreement. If,
however, the recipient refuses to negotiate a voluntary resolution agreement, OCR will continue to take all
the necessary legal steps to compel the recipient to remedy the violation. Failure to remedy the violation
may result in the recipient losing their federal financial assistance.
What happens if OCR does not open an investigation or finds that discrimination did not occur?
The person who filed the complaint may send a written request for reconsideration to the Deputy
Assistant Secretary for Enforcement within 60 days of the date of OCR's dismissal, findings, or
administrative closure letter. Requests for reconsideration and appeals should be sent to:
Deputy Assistant Secretary for Enforcement
Office for Civil Rights
U.S. Department of Education
400 Maryland Avenue, S.W.
Washington, D.C. 20202-1100.
The letter MUST explain why the complainant believes the factual information was incomplete, the
analysis of the facts was incorrect, and/or the appropriate legal standard was not applied, and how the
mistake(s) would change OCR's decision in the case.
For more information, visit www2.ed.gov/ocr.
Form: Complaint to the Office for Civil Rights (OCR)
1) Person Filing Complaint:
Full Name
Mailing Address
Email Address
Home Phone
Cell Phone
Work Phone
2) Person Discriminated Against:
Full Name
Mailing Address
Email Address
Home Phone
Cell Phone
Attached additional pages for additional person(s) discriminated against.
3) School or School District that Engaged in Discrimination:
Full Name
Mailing Address
4) Discrimination was based on: (Check all that apply.)
____ Race
____ National origin
____ Sex
____ Disability
____ Age
5) Discriminatory Act:
Date of Discriminatory Act
Name(s) of Each Person(s)
Involved
Name(s) of Witness(es)
Detailed description of discriminatory act(s), including why it was discrimination (the focus must
be on discrimination based on sex, race, national origin, disability, or age):
Attached additional pages if necessary.
6) What was the most recent date of discrimination? _______________________________________
7) Have you attempted to resolve these allegations with the institution through its internal
grievance procedure, appeal, or due process hearing? (Circle One.) Yes No
If yes:
Type (Circle One)
Grievance Appeal Due Process Hearing
Allegation(s)
Date You Filed
Status (Circle One)
Outcome
Pending
Completed
If possible, attach a copy of your grievance, appeal, or due process request, and, if completed, the
decision in the matter.
8) Have the allegations contained in this complaint been filed with any other federal, state, or local
civil rights agency, or any federal or state court? (Circle One.) Yes No
If yes:
Agency or Court
Date You Filed
Case or Reference #
Results of Findings
by Agency or Court
If possible, attach a copy of your complaint.
9) What remedies or solutions are you seeking (e.g., what do you want for the person(s)
discriminated against and what you want to happen to prevent future discrimination)?
__________________________________________________
Signature of Person Filing Complaint
______________________
Date
__________________________________________________
Signature of Person Discriminated Against
______________________
Date
_________________________________________________
Signature of Parent/Guardian of Person Discriminated Against
(if Person Discriminated Against is under 18)
______________________
Date
Background: Complaints to the Department of Public Instruction, Exceptional Children
Division
Who can file a complaint?
A complaint to the Department of Public Instruction (DPI) (often called a "formal state complaint") can be
brought by an organization or person who believes that a school or school district violated a student's
special education rights.
What are examples of a student's special education rights being violated?
Examples of violations of special education rights that could warrant a complaint filing include:
 improper identification or evaluation procedures (e.g., taking more than 90 days to evaluate the
student, determine eligibility, and create an IEP, if the child is eligible);
 failure to provide related services;
 failure to give a parent/guardian access to his/her child's records;
 failure to provide the services in the child's IEP; and/or
 failure to follow proper disciplinary procedures.
The complaint process may not be used to challenge official Individualized Education Program (IEP)
Team decisions, such as a decision about placement or a decision to exit a student from special
education.
When MUST the complaint be filed?
Complaints MUST be filed within one year of the violation of the law.
What if I file a petition in the Office of Administrative Hearings (OAH) and a state complaint?
DPI will set aside any part of the complaint that is being addressed in OAH and the complaint timeline will
stop. When the OAH case is closed, DPI will review the outcome of the OAH case and then either close
the complaint or proceed with the investigation.
How can I file a complaint?
Fill out the form below and mail it to:
Director, Exceptional Children Division
Department of Public Instruction
6356 Mail Service Center
Raleigh, NC 27699-3656
You MUST also send a copy of the complaint to the superintendent of the school district named in the
complaint, or if a public charter school is named in the complaint, its administrator.
What happens after the complaint is filed?
 DPI will review the complaint and decide whether to open an investigation. If the complaint is
incomplete or about something that may not be addressed by DPI, someone from DPI will contact
the complainant and explain what needs to be done to make the complaint acceptable.
 If the complaint is opened for investigation, DPI will give a copy of the complaint to the school
system involved.
 The school system has 30 days to investigate the complaint and report back to DPI.
 During the course of the investigation, the DPI investigator may request additional
documentation, conduct interviews, and/or conduct an on-site visit.
 DPI should issue a written report to the complainant and the school system within 60 days after
the complaint is submitted. The report will outline the facts that DPI has discovered and whether
those facts show that the school violated the law. If a violation is found, the report will also contain
a Corrective Action Plan (what the school MUST do to fix the violation).
What happens if I disagree with DPI's decision?
The decision of DPI is final. If you disagree with the decision, consider filing a petition in the Office of
Administrative Hearings (OAH). See above for more information about OAH.
Form: Complaint to the Department of Public Instruction, Exceptional Children Division
Complainant:
Full Name
Relationship to Student
Address
Email
Phone
Fax
Student:
Full Name
Age
Grade
Area of Disability
Parent/Guardian:
Full Name
Address
Email
Phone
Current School:
Full Name
District
School Student Attended When Violation Occurred:
Full Name
District
Describe in detail how the school or school district violated special education law(s) and/or
regulation(s). Include all relevant information, including important dates, names, and statute and
regulation numbers.
Description Continued from Previous Page:
Proposed Solution(s):
Attach any other relevant information and supporting documents, such as a copy of the student’s
current Individualized Education Program (IEP) and most recent evaluation report, and relevant
minutes from IEP Team meetings.
___________________________________________
Signature of Person Filing Complaint
______________________
Date
___________________________________________
Signature of Parent/Guardian*
(If not the person filing the complaint)
______________________
Date
* I give permission to DPI to send the investigation report to the complainant.
Background: Petitions for Judicial Review of Suspensions and Expulsions
What is a petition for judicial review?
The final decision of a local board of education regarding long-term suspensions, 365-day suspensions,
and expulsions (not short-term suspensions) can be reviewed by a local superior court. A petition for
judicial review is when a citizen, such as a parent/guardian, asks the court to review the legality of the
board's decision.
When do I have to file the petition for judicial review?
A petition for judicial review generally may not be filed until after all of the other levels of appeal (e.g.,
school-based due process hearing, appeal to the superintendent, and appeal to the local board of
education) have taken place (called "exhaustion of administrative remedies"). A petition for judicial review
MUST be filed on behalf of the student within 30 days of service of the written copy of the final decision of
the school board. However, the court can accept the petition after 30 days if there was a good reason for
the delay.
Why would I file a petition for judicial review?
There are six grounds for appealing the decision of the board of education. Parents/guardians who file a
petition MUST claim that the board decision was at least one of the following:
 in violation of constitutional provisions;
 in excess of the statutory authority or jurisdiction of the agency;
 made upon unlawful procedure;
 affected by other error of law;
 unsupported by substantial evidence; and/or
 arbitrary, capricious, or an abuse of discretion.
How do I file a petition for judicial review?
The petition MUST be filed with the clerk of superior court in the county where the local board of
education is located. The filing can be complicated and the advice of a lawyer may be needed.
What happens after I file a petition for judicial review?
Following receipt of a petition for judicial review, the local board MUST produce the record of its
proceedings for the person who filed the complaint and for the court. This usually includes recordings of
the appeal hearing and any documents that were considered by the board of education. Generally, new
evidence is not admitted, but a court may allow new evidence if it is shown that the new evidence is
material (i.e., relevant), not cumulative (i.e., provides new information), and could not reasonably have
been presented at the earlier proceeding (i.e., there is no way that the evidence could have been part of
the previous hearings).
What happens in court?
Petitions for judicial review are heard without a jury (i.e., the judge hears the evidence and makes a
decision). Each side may present a brief (i.e., a written document that argues why that side should win),
as well as an oral argument. (Note: the deadline for filing a brief depends on the local court—check the
local rules.). The judge will read the briefs, listen to oral arguments, and review the evidence originally
presented to the school board. The judge does not decide whether the student is guilty or not guilty.
Instead, the judge basically decides whether the board followed the law and whether its decision was
legal. The judge MUST assume that the board's decision was correct. Therefore, the student has the
burden of proof (i.e., the student has to prove that the school board's decision falls into one of the six
categories above; the school board does not have to prove or dispute anything until after the student
does so).
Form: Petition for Judicial Review of Long-Term Suspension or Expulsions
STATE OF NORTH CAROLINA
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
COUNTY: ______________________
STUDENT: ______________________________,
a minor, by and through his parent,
Parent: _________________________________,
Petitioner
vs.
COUNTY: ________________________________
BOARD OF EDUCATION,
Respondent
)
)
)
)
)
) PETITION FOR JUDICIAL REVIEW
)
)
)
)
)
)
NOW COMES Petitioner ___________________________________ by and through his parent/guardian,
(Student's Full Name)
________________________________, pursuant to N.C.G.S. § 115C-390.8(i) and N.C.G.S. § 150B-43.
(Parent/Guardian Full Name)
_______________________________ petitions the Court for judicial review of the final decision rendered
(Student Full Name)
by Respondent _____________________________________ County Board of Education to (check one):
(Name of County)
____
____
____
Long-term suspend the Petitioner
Suspend the Petitioner for 365 days
Expel the Petitioner
JURISDICTION
1) The Petitioner is a citizen and resident of North Carolina, County of ___________________________,
(Name of County)
and has been so for more than six months prior to the commencement of this proceeding.
2) Respondent __________________________ County Board of Education is a local Board of Education
(Name of County)
established pursuant to Chapter 115C, Article Five, of the North Carolina General Statutes.
3) N.C.G.S. § 115C-390.8(i) provides: "A decision of the local board to uphold the long-term suspension
of a student is subject to judicial review in accordance with Article 4 of Chapter 150B of the General
Statutes."
4) The Petitioner has exhausted all administrative remedies made available to him by statute or agency
rule.
5) The Petitioner filed this petition within 30 days of receiving a written copy of the Board's final decision.
6) Petitioner contends that Respondent's final decision was: (Check all that apply.)
____
____
____
____
____
____
In violation of constitutional provisions
In excess of the statutory authority or jurisdiction of the agency
Made upon unlawful procedure
Affected by other error of law
Unsupported by substantial evidence
Arbitrary, capricious, or an abuse of discretion
FACTUAL BACKGROUND
Provide a detailed description of the facts, including:
 the student's age, grade, and school;
 positive information about the student (e.g., good grades, good attendance, no or little history of
discipline issues, extracurricular and volunteer activities, the student's future aspirations); and
 dates and information about the suspension or expulsion (e.g., the incident that led to the
disciplinary action, the appeal hearings, and the student's current educational placement.
Attach additional pages if necessary.
CLAIMS FOR RELIEF
Describe why you think the board's decision should be reversed. Make sure that you address at least one
of the possible reasons for reversal listed in #6 above. Attach additional pages if necessary.
PRAYER FOR RELIEF
WHEREFORE, the Petitioner respectfully prays that the court:
1) Reverse the Board's decision and immediately order that the Petitioner be allowed to return to
school. In the alternative, order that the Petitioner be placed at an alternative school or program that
provides opportunities sufficient to enable the Petitioner to keep up with course work and remain on track
for graduation.
2) Order that the Petitioner be provided with the necessary support and opportunities to complete
assignments and credits necessary for graduation, which the Petitioner lost during the period of time the
Petitioner has been unconstitutionally denied access to adequate educational services.
3) Order that the Petitioner's disciplinary record be expunged of all references to this matter.
4) Order such other relief as the Court deems just, fit, and proper.
This the _______ day of ______________________________, _________________.
(Date)
By:
Name of Person Who Filed:
Mailing Address:
Phone Number:
Email Address:
(Month)
(Year)
_______________________________________
_______________________________________
_______________________________________
_______________________________________
_______________________________________
A PARENT’S GUIDE TO A
PERSONAL EDUCATION PLAN
(PEP) FOR YOUR CHILD
Gregory Malhoit
N.C. Central University
School of Law
Revised: August 2012
FOREWARD
Acknowledgements
This Guide is designed to serve as a tool to help parents and guardians throughout North
Carolina become informed about the law that requires schools to develop a
Personal
Education Plan (PEP) for children experiencing academic problems. As outlined in this
guide, parent involvement and advocacy is critically important to ensure that their student
succeeds in school.
The Guide was prepared by Gregory C. Malhoit who teaches in the Clinical Program at
North Carolina Central University Law School in Durham, North Carolina. Mr. Malhoit has
worked in the field of Education Law and Policy for several years. The preparation and
publication of the Guide would not have been possible without the help and contributions
of the individuals listed below. These contributions included brainstorming about the
concept of the Guide, providing forms, revising drafts and providing invaluable guidance
for the project.









Jason Langberg, Equal Justice Works Attorney, Advocates for Children's
Services, Durham, NC.
Christopher Hill, Director, N.C. Education and Law Project, Raleigh, NC.
Mathew Ellinwood, N.C. Education and Law Project, Raleigh, NC.
Jack Holtzman, Senior Attorney, North Carolina Justice Center, Raleigh, NC.
Jane Wettach, Director, Children's Law Clinic, Duke University Law School,
Durham, NC.
Dabney Hopkins, Teacher, Durham Public Schools.
Pamela Glean, Assistant Dean for Clinical Programs, N.C. Central University,
School of Law, Durham, NC.
Jennifer Brobst, Legal Director, Center for Child and Family Health, Instructor,
N.C. Central University, School of Law, Durham, NC.
Kyla Stone, 3rd Year Law Student, NCCU Law School, Durham, NC.
Online Publication, Copyright and Reproduction
This guide can be accessed online at:
http://law.nccu.edu/clinics/resources/community/pep. Groups and individuals may
reproduce it for personal or public use but only if it is reproduced in its entirety and
attribution is given to the author. It may not be used by for-profit organizations, for any
purpose, without the author’s consent.
Disclaimer
The information in this manual is provided as a matter of public service and is for
informational use only. The information does not constitute legal advice and should not be
used as such. Parents, guardians, and other users of this manual are strongly urged to
confer with legal counsel when problems occur with school officials and the PEP process.
A list of legal and advocacy resources is included in the Appendix to this manual.
2
TABLE OF CONTENTS
1. Introduction ............................................................................................................ 4
2. Parent’s Take Note—New Law on Grade Retention………………………………….4
3. Every Child Considered to be “At Risk of Academic Failure” has the Right
to a Personalized Education Plan (PEP)............................................................... 5
4. Frequently Asked Questions and Answers about Personal Education
Plans (PEP) and the PEP Process ........................................................................ 6
5. Your Role in Making the PEP Work for Your Child .............................................. 13
6. What You Can Do if You Encounter Problems in the PEP Process..................... 18
7. Conclusion .......................................................................................................... 19
Appendix .................................................................................................................. 20
a. Education Legal Advocacy Organizations .............................................. 21
b. Personal Education Plan (PEP) Law...................................................... 22
c. Example of a Parent Request for a PEP for Their Child......................... 23
d. Sample Invitation Letter from School...................................................... 24
e. Example of a Personal Education Plan .................................................. 25
3
INTRODUCTION
“In every child who is born, under no matter what
circumstances, … the potentiality of the human race is born again.”
James Agee, Let Us Now Praise Famous Men
Like other parents and child caretakers, you want a high quality education for your
child. You know that a good education leads to a better paying job. You understand
that success in school means your son or daughter will be better equipped to raise and
support a healthy and happy family. You also recognize that quality schooling means
your child will be able to make wise life choices and effectively function in our rapidly
changing, competitive and technical world.
But you also realize that sometimes your child may have problems in school. Your son
or daughter may not do well on tests. They may get lower grades than they are capable of achieving. Your child may struggle with their school work. Problems in school
can lead to behavior problems that can result in suspension from school. Children who
have academic or behavior problems are at greater risk of dropping out of school and
not continuing their education. When a child displays one or more of these signs, they
are considered to be at risk of academic failure or an “at risk” student.
What many parents do not realize is that “at risk” children possess a very important education right--a right that has the potential to improve their education. North Carolina
has a state law requiring schools to provide extra help to students who are struggling
academically. Under this law, children have the right to a Personal Education Plan also
known as a “PEP.” If properly understood and used, this law offers schools and
parents a powerful tool that can improve educational opportunities for children.
This Guide is designed to inform you, other parents, and guardians of this important
law. It will also offer practical tips and suggestions for using the law to promote your
child’s education. Armed with knowledge about the law, and effective methods for advocating for your child’s education rights, you will be better equipped to promote and
protect your child’s education and future.
Parents Take Note: New Law on Grade Retention
Parents should be aware that there is a new law that requires 3rd grade students be
held back if they are not proficient in reading at the end of the 3rd Grade. The new law
takes effect in the 2012-13 school year and has very important implications for many
North Carolina students and their parents. This publication incorporates some, but not
all, of the changes made by this law. School districts should notify parents of the new
law and its potential impact on their child. For further information about this new law
please contact the organizations noted at the end of this publication.
4
Every Child Considered To Be “At-Risk of Academic Failure”
Has the Right to a Personal Education Plan (PEP)
The PEP Law
A law passed by the North Carolina legislature provides a powerful tool for parents
who wish to advocate for a quality education for their child. The law is known as the
Personal Education Plan Law or “PEP Law.” This law requires schools to develop a
Personal Education Plan (PEP) for every child considered to be at risk of academic
failure, also known as “at risk students”. A PEP is a plan that includes education strategies customized and designed to improve an individual student's academic performance in school and to bring them to grade level proficiency.
In order to be an effective advocate for your child, you should be familiar with
the PEP Law and understand how the law should work to benefit your child. In
addition, you should understand how to effectively advocate for your child under
the law.
The PEP Law in a Nutshell
1. Beginning in kindergarten, and in each school year after that, schools are
required to identify students who are considered to be “at risk of academic
failure.” Schools must identify “at risk” students early in the school year.
2. “At risk” students are those who are not at grade level according to End of
Grade (EOG) and End of Course (EOC) tests or students who are
struggling academically in other ways.
3. Schools should work with parents or caretakers to determine which
educational services are necessary to improve the academic performance for
each at risk student.
4. Schools and parents should then develop a customized PEP for each
student.
5. The PEP should include proven educational strategies such as tutoring,
mentoring, coaching, smaller classes, afterschool instruction or summer
school.
6. Education services for a child under a PEP are free including
transportation services that may be necessary.
7. The PEP must be in writing.
8. The PEP must include a method for monitoring a student’s progress.
9. Once the PEP is developed, parents and the school monitor the
educational services to see if they are working.
10. If the PEP is not working, it must be revised and adjustments made to the
plan.
5
The above summary does not address all aspects of the PEP Law. To become more
familiar with the law, you may be interested in reviewing the specific language in the
PEP Law. The text of the PEP Law is reproduced in the Appendix to this Guide.
Frequently Asked Questions and Answers about
Personal Education Plans (PEPs) and the PEP Process
Because the PEP Law contains legal and technical terms that are not always easy for
parents to understand, the following answers to frequently asked questions may be
useful in order to better understand how the law works.
What is a Personal Education Plan (PEP)?
A PEP is a plan that includes education strategies customized and designed to
improve an individual student's academic performance in school and to bring him or
her to grade level proficiency. A PEP should be in writing and include a description of
the academic problems faced by the student, a specific plan for improving the academic performance of the student and a detailed commitment of focused instruction, services and targeted resources (e.g., individual tutoring, after school instruction, smaller
classes) that have been shown to improve student performance in school. The PEP
must also include a plan for monitoring the success or failure of the education strategies in the PEP.
6
Which Students Are Eligible for a PEP?
Under the PEP Law, schools are required to develop a Personal Education Plan (PEP)
for every student who is considered to be “at risk of academic failure” beginning in kindergarten until graduation from high school. Schools do not have a choice in deciding
whether to develop a PEP for at risk students—the law requires it. The PEP Law also
allows schools to identify at risk students beginning as early as public school preschool
for 4 year olds. For this reason, even though they are not required, PEP’s would be a
good idea for at risk pre-school students.
Which Students Are Considered to be
“At Risk of Academic Failure?”
There are several ways schools and parents
can determine which students are eligible for
a PEP. Here are some examples of situations in which students should be considered
for a PEP.








A student scores, or is at risk of
scoring, at level I or II (not
proficient) on End-of–Grade (EOG)
or high school End-of Course
(EOC) tests.
An elementary or middle school student is not at grade level in reading or
math.
A student fails, or is at risk of failing, examinations that may be required for
graduation.
A student is not performing well in the classroom on tests and quizzes
administered by teachers.
A student is excessively absent from school.
A student receives poor classroom grades.
A student is repeatedly short-term suspended or long-term suspended.
A student shows other signs of academic failure, such as behavior problems
or persistent health problems.
Why is the PEP Important?

The PEP is an important roadmap that outlines strategies that will be used to
improve a student’s academic performance.
 It should result in extra attention and additional resources for an at risk student.
 Unlike regular class time, the PEP is customized for each student and will likely
be different from the PEP of any other student.
7

The PEP documents the efforts of the teacher and school to support students
who are below proficiency in reading, writing, math and other important subjects. This is especially important if your child is subject to grade retention; you
may be able to challenge the quality of services provided to help your student
reach proficiency.
Who Should Start the PEP Process?
The PEP process can be started in two ways:
1. In most cases, the process is started by the student’s school. The school should
notify parents that their child is at risk of academic failure and a PEP is being
developed for the child.
2. You, as the parent or caretaker, may also start the PEP process by asking your
child’s teacher or principal to develop a
PEP. If you wish to start the PEP process
you should consider sending a letter to the
school requesting a PEP. Be sure to keep
a copy for yourself. A sample parent letter
to school officials requesting a PEP is included in the Appendix to this manual.
What if the School Refuses to Develop a PEP
for My Child?
The PEP Law clearly states that any student
considered to be at risk of academic failure has
the right to a PEP. If you believe your child is at
risk of academic failure, and if the school refuses to create a PEP for your child, follow
the steps outlined in the concluding section of this Guide entitled: “What Parents Can
Do If They Encounter Problems in the PEP Process.” Do not wait until your child
takes the EOG or EOC tests at the end of the school year.
When Must the School Identify and Develop a PEP for My Child?
The PEP Law requires schools to identify at risk students and develop the PEP early in
the school year. For most students Identification must occur no later than the end of
the 90th day of school (the first quarter), or after a teacher has had up to nine (9) weeks
of instructional time with a student. For students in kindergarten through the 3rd Grade,
the law requires schools to test their reading skills within 30 days of school starting.
The law clearly intends that schools and teachers not wait for the results of state endof–grade and end-of-year tests before they develop a PEP for a student.
8
What Kinds of Things Must Be Included in a PEP?
1.
2.
3.
4.
5.
A diagnosis or determination of the student’s educational or learning
problems. This should include identification of the student’s strengths and
weaknesses.
Specific education programs, strategies or teaching methods that will be
used to address the student’s learning problems. The educational
strategies in the PEP must support the regular instruction the student
receives in the classroom, plus educational assistance different from the student’s regular instruction. Examples of educational strategies include:
coaching, mentoring, tutors, Saturday school, extended days, or a summer
reading camp.
A description of how the student’s progress under the PEP will be
measured. This should include clear benchmarks and target dates that will
show if the PEP is working.
A method for monitoring and reviewing progress on the PEP to make sure
it is working and a plan to ensure
communication between parents and
teachers.
Signatures of the parties making the
PEP. This normally would include
teachers. In many cases it may also
include parents and even students.
Who Is Involved in Developing the PEP and
Can Parents Be Involved in the Process?
The PEP Law specifically requires schools to
give notice of the PEP process and a copy of the PEP to the student’s parent or guardian. The Law also makes it clear that parents are to be included in the implementation
and ongoing review of the PEP. Parents may also have responsibilities for activities at
home to help the student improve. These activities can be included in the PEP.
Ideally, PEPs should be developed cooperatively by teachers, other school staff and
parents. These are the people who know the student, his or her background, their academic challenges and their educational needs. The purpose of the PEP Law is to
bring all of the people together who know the student and his or her needs. The team
can then share information as they put together a PEP that recognizes the student’s
strengths and weaknesses. A PEP Team composed only of school officials will miss
having input and information from the person who knows the student best—you, the
child’s parent. The intent of the PEP Law is to have parents included as a team
member during the planning phase.
9
Does a Legal Guardian or Custodian Have the Same Right to Participate in the
PEP Process as a Parent?
Yes. A child’s legal guardian, caregiver or custodian should be involved in the PEP
process in the same way they would if they were a child’s natural parent.
Can Students be Included in Developing Their PEP?
Middle and high school students should be involved in crafting their own PEP. The
PEP will often include responsibilities and activities for the student. In turn, this will give
students ownership over the strategies and interventions under their PEP.
Are Forms Used in the PEP Process?
The PEP Law does not tell schools that they must use a particular form in developing a
PEP. Local school districts can design their own forms. When designing their PEP
forms and process, local school officials must make sure the PEPs are customized to
reflect the unique learning problems faced by
each student. The PEP also must include the
specific educational strategies necessary to
improve academic performance. Parents should
look on-line at the school district’s website or
contact their local school district to get a copy of
its PEP policies and any forms used to implement the PEP Law. An example of a PEP is
included in the Appendix.
Can My Child’s Report Card Serve As a
PEP?
The law allows a school to use a student’s report card as a PEP but only if it provides all the information required in a PEP. In practice, combining a PEP with a student’s report card is a problem because the report
card often will come later in the school year, after at risk students should be identified.
If the school attempts to use a report card as the PEP, parents should insist that it contain all of the diagnostic information, educational strategies, and a detailed plan typically found in a regular PEP.
Is a PEP the Same Thing as an Individual Education Program (IEP) for Special
Education Students?
No. A PEP and an IEP are two different documents required by two separate laws.
A PEP is a Personalized Education Plan written for a student considered to be at risk
of academic failure as judged by test scores or other indicators of educational success.
A PEP describes a student's strengths and weaknesses, specific teaching methods
10
and strategies to improve the student’s educational performance, and monitoring
strategies. In contrast, an IEP (Individualized Educational Program) is part of North
Carolina’s special education law covering children with disabilities. It is written for a
student taking into account the student’s specific disabilities. It describes the special
education and related services that the student needs because of their disability. What
this means is that some students can have a PEP. Others may have an IEP. Or, in
some instances, students considered to be at risk of academic failure who also have a
disability may have both a PEP and an IEP.
Can Students Whose Native Language is Not English Have a PEP?
Yes. Students whose primary language is not English are referred to as Limited
English Proficient (LEP) Students. LEP students
should receive specific education services to help
them learn English. This kind of education is referred
to a English as a Second Language (ESL) instruction. If an LEP student is also having difficulty in math
or other subjects, they should also have a PEP that
offers focused instruction in those subjects.
If a Student’s Parent Does Not Speak or Read
English Should the School Provide Assistance in
Interpreting and Understanding the PEP Process?
Yes, so they may fully understand and participate in the PEP process, parents who
don’t speak English should be offered translation and interpretation assistance.
Are Students Who Attend Charter Schools Eligible for a PEP?
Yes. Charter schools are public schools and “at risk” students who attend these
schools have the same rights to a PEP as other students.
Do Parents Have to Pay for Education Services or Transportation Their Child
Needs Under a PEP?
No. Your child’s school is required to provide all academic services free of charge.
This includes things like tutoring, summer school, mentoring, coaching or afterschool
classes. If the educational services your child needs require transportation to and from
school outside of the regular school hours or school year, parents may not be charged
for transportation. Educational services under a PEP do not need to take place at the
child’s school. For example, after school instruction may be offered at a local community center such as a YMCA. When this happens, the school should still cover the cost of
transportation necessary for the child to participate in the program.
11
The PEP Law Says At Risk Students Must Get “Focused Intervention” and
“Accelerated Activities.” What Do These Terms Mean?
In order to help at risk students “catch up” academically, they will need extra
educational help directed to meet their unique needs. This means, for example, that a 3rd
Grade student who is only reading at the 2nd Grade level may need a one-on-one tutor
to help him bring his reading up to grade level or extra instruction time each day. In
some cases the tutoring or extra instruction may need to be offered before or after
school or on the weekend so the student can catch up as quickly as possible.
The PEP Law Mentions “Evidenced-Based Practices.” What Does This Mean?
“Evidenced-based strategies” are educational instruction methods used by your child’s
school that have been successfully tried and shown to improve student learning. In
other words, the practices and strategies contained in a PEP must have been tested
by educators and shown to have a substantial likelihood of working to improve your
child’s education.
What Are “Performance Benchmarks” for Students?
When your child’s PEP is developed, the school should write down a set of goals or
benchmarks to be used to determine if the PEP is working. A benchmark is a way of
keeping track of a student’s progress under a PEP. By including benchmarks in the
PEP, your child and the school can be sure that the PEP is working.
An example of a “benchmark” from a PEP for a 3rd Grade student who is reading at
the 2nd Grade level might read as follows:
“By the end of December, Thomas will be reading at the
3rd Grade level according to the End of Grade Test for
Reading.”
Or
“By the end of December, Thomas will progress from a
Diagnostic Reading Assessment (DRA) level 20 to a
DRA level of 30.”
Who Monitors the Implementation of the PEP?
Success of a PEP requires educational approaches and strategies different than what
the student already receives in the regular classroom. To measure success, frequent
monitoring of the PEP is essential. It is not sufficient to just
of the school year and not have made any progress. To avoid this situation, those who
develop the PEP (teachers, parents and sometimes students) should monitor its implementation and determine if the interventions are working. If there has not been an im12
provement in the student's performance, the PEP should be revised. Parents should
be involved in any changes made to the plan. Monitoring should occur about every
nine weeks.
What Happens When My Child Goes to Middle or High School?
The law requires that a transition team composed of teachers from the “sending
school” and the “receiving school” be formed to assist students with a PEP in transitioning from elementary school to middle school, and from middle school to high
school. Parents should also be involved in this process.
What Happens to the PEP After It Is Put Into Effect?
Once a student’s PEP is has been developed, educational services should quickly
begin. As the school year progresses, the student’s PEP should be continuously
monitored, revised and updated until s/he reaches proficiency. This means it may be
passed from teacher to teacher through the grades. However, once the student has
reached proficiency and the PEP is no longer needed, the PEP is filed in the student's
permanent record for future reference and can provide documentation for future
questions that may arise. It also helps future teachers know what strategies were
successful with the student. Parents must be notified of any change to the PEP,
including a decision to end the PEP if the student is determined to be proficient.
YOUR ROLE IN MAKING THE
PEP WORK FOR YOUR CHILD
The right to a meaningful PEP designed to improve education belongs specifically to each
child. However, because of age and legal status, children are not in a good
position to advocate for themselves. Children need adult advocates to ensure that their rights are promoted
and protected. The best advocate for your child
is, of course, you--the parent.
How can you serve as an advocate for your
child’s right to the opportunity for a sound basic education? Below are some tips, strategies and resources that can aid you as you advocate for your child.

Be Informed. Review this Guide to fully inform yourself about the law and your
child’s rights.
13

View the PEP Process as Positive for Your Child. In many cases, your child’s
school will contact you to tell you your child has academic problems and could
benefit from a PEP. This may be based on low test scores, poor grades or observations made by your child’s teachers. When this happens, you should view the
PEP process as a positive development—one that can aid your child to succeed
in school.

Things to Consider When Contacted by School Officials About a PEP for
Your Child.










Most school districts have a written policy on PEP’s. Ask to see a copy of
the policy or get a copy on-line.
Carefully review the policy before meeting with school officials.
Tell school officials that you want to be actively involved in developing a
PEP.
When you meet with school officials, ask them to clearly explain why they
feel your child needs a PEP. Ask them to tell you about any diagnostic
evaluations that may have been done on your child. And, make sure
they give you examples of how they know your child is at risk of failing.
Ask school officials to explain the specific academic
or teaching strategies that
they believe can help your
child.
If you have suggestions of
education programs that
can aid your child, offer
them to school officials.
If you don’t understand
something, don’t be afraid to
ask questions.
Discuss the situation with
your child before and after
meeting with school officials.
Be polite, but if you believe all or part of your child’s PEP is not in your
child’s best interest, clearly express your concerns. Don’t be afraid to ask
for more information or changes in the PEP.
Consider Contacting Your Child’s School to Start the PEP Process. If your
child needs academic help, and the school does not contact you, you have the
right to start the PEP process. This may happen if your child’s test scores are
low but not low enough to trigger the PEP process. In other cases, your child
may appear to be doing OK in school but because you know your child best,
you see signs that he or she is struggling academically. When this happens, be
prepared to contact the school and start the PEP process.
14

Things You Can Do to Start the PEP Process.






Remember, You Have Valuable Information About What Your Child
Needs. You know more about his or her needs than anyone else. This intimate
knowledge can be extremely important in developing the PEP and putting
together an academic improvement
plan for your child. Your voice should
be heard, along with teachers and
school officials, before the final PEP is
developed.







Schedule a meeting with your child’s teacher and/or school principal to
discuss the academic challenges facing your child.
Before the meeting, put your request for a PEP in writing. Give the
request to school officials and keep a copy for your records. An example
of a parent request for a PEP is included in the Appendix.
In your request, be specific in describing the academic problems you are
seeing in your child.
Put in writing what you want to see accomplished and what you believe
your child needs to improve academically. Be as specific as possible.
For example, if your child is having a difficult time with math, consider
requesting academic help such as a one-on-one mathematics tutor or
extra help with math at the end of the regular school day.
Put in writing the academic goals or benchmarks that you would like to
see met for your child. These goals should be specific, have a timetable
and show that the PEP for your child is working. An example of a goal or
benchmark might be: “Justin will be reading at grade level by the end of
the year.”
Family history, medical history,
and health care needs;
A description of your child’s learning strengths and weaknesses;
A description of what you want
your child to learn, outlining shortterm and long-term goals;
Methods that have been successful for communicating with your child at
home, or ideas that could help support the teacher in the school setting;
Comments and feelings about those strategies and situations you think
are questionable or problematical for your child; or
Information about other community services or your child’s caregivers
which could impact your child’s education.
Prepare for a PEP Meeting. You should be allowed to participate in
developing the PEP for your child. If for some reasons the school refuses to
15
allow you to attend a PEP planning meeting, consider contacting the central
office of your school district to demand a meeting. Always prepare for a PEP
meeting with school officials. You may find it helpful to prepare for the
meeting by writing out notes of things you want to discuss to take to the
meeting.






Fully Participate in the PEP Meeting. Here are some suggestions of what
you can do to fully participate in your child’s PEP planning meeting:







Topics you would like discussed in the meeting;
Your questions;
What you believe your child needs;
What you want to see included in the PEP;
Realistic academic goals for your child during current the school year.
Introduce yourself to everyone present and ask that you be introduced to
the other persons at the meeting;
Know the purpose of the meeting and what the team expects as a result
of the meeting;
Openly share your concerns and information that might help in developing
the PEP;
If you don’t understand something, ask for clarification;
If you need time to think about something or to collect more information on
a topic; ask to have that discussion postponed; and
Know what will happen after the meeting and what steps will take place
next.
Concluding the PEP Meeting. As the PEP meeting concludes, make sure
there is a common understanding in these areas:





The name of the key person responsible for the implementation of the
PEP;
The goals in the PEP;
The resources (tutors, transportation, etc.) required in the
PEP are available;
The method for monitoring
and evaluating your child’s
progress and the person or
persons responsible for the
monitoring have been clearly
decided;
The date to review progress
on your child’s PEP;
16

Confirm that you will be given a copy of the PEP Plan as soon as it is
drafted or revised; and
 Do not sign the PEP unless you are satisfied with the plan (See Section
“What You Can Do If you Encounter Problems with the Pep Process” below.

Talk to Your Child About the PEP. A key role for parents is to talk with their
child about their responsibilities under the PEP. The extent of your child’s responsibilities will depend on your child’s age and the PEP. Parents should
stress that the PEP is a way of helping them in school. Consider setting goals
for your child that are consistent with the PEP.

Support Your Child’s PEP at Home. The more that parents, teachers and
schools work cooperatively, the more successful the child’s PEP and education
will be. You can help by:






Monitor Your Child’s Progress. If your child has a PEP, monitor reports from
the school to see how your child is progressing. Some of the things you should
consider are listed below. If these reports indicate ongoing or new academic
problems, you should contact your child’s teacher or school principal.






Providing learning experiences in everyday life that will reinforce the
formal learning taking place in your child’s school;
Talking with your child about school, discussing both learning and social
activities;
Supporting the teacher’s expectations and the classroom routines and
expectations by reinforcing such behavior at home;
Providing incentives and rewards for your child’s academic improvement;
and
Communicating regularly with teachers, particularly if there is concern
about your child’s progress.
Grades on regular report cards;
Results on classroom tests;
A report of progress on the goals set out in the PEP;
Results of EOG or EOC tests; and
Your personal observations at home of how your child is doing
ademically.
ac-
Keep Records About the PEP for Your Child. You should keep important
educational records for your child. This is especially the case for records about
your child’s PEP. Take notes during telephone and face-to-face meetings,
save emails, and ask for people's full names and contact information when
communicating by phone or by email. In addition, keeping less formal
examples of your child’s academic progress, such as homework papers,
17
artwork, and writings, may be useful in establishing patterns and documenting
both abilities and challenges.
WHAT YOU CAN DO IF YOU
ENCOUNTER PROBLEMS IN THE PEP PROCESS
Problems Parents May Encounter
It is possible that you may encounter problems as you participate in the PEP process for
your child. Some examples of problems that may arise include:
 A parent requests a PEP for their child but the school believes a PEP is not
necessary;
 The parent believes their child should receive a specific type of educational
service as part of a PEP (e.g., one-on-one tutoring) but the school says it will
not or cannot afford to offer that service;
 A child did not have a PEP sufficient to enable them to pass the 3rd Grade ,
End-of-Grade reading test and the student is retained in the 3rd Grade;
 A child has a PEP but he or she is not progressing as expected in the PEP;
 A parent is not allowed to participate in the PEP process;
 A parent is told that their disable child cannot have both a PEP and an IEP;
 The PEP is created and filed away and never monitored;
 The PEP does not include meaningful diagnostic testing of the student to determine his or her learning needs.
Suggestions for Parents
Here are suggestions for steps you may wish to take to deal with problems you may encounter.

Consider contacting one of the education legal advocacy groups listed in the
Appendix for advice on how to best advocate for your child.
 Contact your child’s school and ask for a meeting with your child’s teacher or
principal to try and resolve your concerns. Put your request in writing and keep
a copy for your records. Make sure you have a clear plan for telling the Principal about your concerns and what you want.
 If a meeting with the principal/teacher does not resolve the matter, then
contact your local school district’s central office and ask to meet with the Superintendant or Assistant Superintendant assigned to PEP issues. Put your request in writing and keep a copy for your records. Make sure you have a clear
plan for telling the Central Office about your concerns and what you want.
18

If the central office does not agree to your request, you have the right to
appeal that decision to your local school board. Write a letter to the school
board stating that you want to appeal the superintendent’s decision. The
school board should schedule a meeting or hearing where you can present
your concerns. If you attend a school board hearing, make sure you have a
clear plan for telling the school board about your concerns and what you
want.
 If the school board hearing does not fully address your concerns, you have
the right to take your case to court. In most cases you will need a lawyer to
assist you with this process. Contact one of the education legal advocacy
organization listed below.
 Contact the State Department of Public Instruction and ask to speak with the
administrator in charge of PEP’s for the State of North Carolina. The number
to call is: 919-807-3300.
CONCLUSION
This booklet is designed to inform you and other parents about the PEP Law and what
you can do to advance the education of your child. The PEP Law is a powerful
education tool. It was created to help ensure that a high quality education is offered to
every child. To make the PEP Law work, you will need to understand the PEP process.
You must be prepared to start the PEP process if your child’s school does not do it.
You must participate in the PEP planning process so you can provide your views and
opinions about your child’s needs and the education strategies that will improve his or
her education. Once the PEP is developed, you must be prepared to monitor your
child’s progress. Most importantly, throughout the entire PEP process, you must be
prepared to advocate for your child’s educational interests.
As you advocate for your child, keep in mind that developing and implementing a PEP
involves a partnership between schools and parents. It is a process that matches the
unique learning styles and needs of each child with proven education strategies. When
schools and families work cooperatively together, the result is a high quality education
for all of our children.
19
APPENDIX
a. Education/Legal Advocacy Organizations ..................................... 21
b. Personal Education Plan (PEP) Law ............................................. 22
c. Example of a Parent Request for a PEP for Their Child............... 23
d. Sample Invitation Letter from School............................................. 24
e. Example of a Personal Education Plan ......................................... 25
20
Education Legal Advocacy Organizations
Legal Aid of North Carolina (LANC) with offices across North Carolina
224 S. Dawson St.
Raleigh, NC 27601
866-219-5262
For a list of LANC offices go to: http://www.legalaidnc.org
Advocates for Children's Services
A Statewide Project of Legal Aid of NC
201 W. Main St., Suite 400
Durham, NC
919-226-0052
www.legalaidnc.org/acs
N.C. Central University
School of Law
Clinical Legal Education Programs
Durham, NC
919-530-7166
www.nccu.edu/law/clinic
North Carolina Justice Center
Education and Law Project
224 S. Dawson St.
Raleigh, NC 27601
919-856-2570
www.ncjustice.org
Children's Law Clinic
Duke University Law School
Box 90360
Durham, NC 27708-0360
(919) 613-7169
Toll Free: (888) 600-7274
www.law.duke.edu/childedlaw
21
Personal Education Plan (PEP) Law
N. C. Gen. Stat. § 115C-105.41. Students who have been placed at risk of academic failure; personal education plans; transition teams and transition plans.
(a) In order to implement Part 1A of Article 8 of this Chapter, local school administrative units shall identify students who are at risk for academic failure and who are not successfully progressing toward grade promotion and graduation, beginning in kindergarten.
Identification shall occur as early as can reasonably be done and can be based on grades,
observations, diagnostic and formative assessments, State assessments, and other factors, including reading on grade level, that impact student performance that teachers and
administrators consider appropriate, without having to await the results of end-of-grade or
end-of-course tests. No later than the end of the first quarter, or after a teacher has had up
to nine weeks of instructional time with a student, a personal education plan for academic
improvement with focused intervention and performance benchmarks shall be developed
or updated for any student at risk of academic failure who is not performing at least at
grade level, as identified by the State end-of-grade test and other factors noted above. Focused instructional supports and services, reading interventions, and accelerated activities should include evidence based practices that meet the needs of students and may
include coaching, mentoring, tutoring, summer school, Saturday school, and extended
days. Local school administrative units shall provide these activities free of charge to students. Local school administrative units shall also provide transportation free of charge to
all students for whom transportation is necessary for participation in these activities.
Local school administrative units shall give notice of the personal education plan
and a copy of the personal education plan to the student's parent or guardian. Parents
should be included in the implementation and ongoing review of personal education plans.
If a student's school report card provides all the information required in a personal education plan, then no further personal education plan is mandated for the student.
Local school administrative units shall certify that they have complied with this section annually to the State Board of Education. The State Board of Education shall periodically review data on the progress of identified students and report to the Joint Legislative
Education Oversight Committee.
No cause of action for monetary damages shall arise from the failure to provide or
implement a personal education plan under this section.
(b) Local boards of education shall adopt and implement plans for the creation of transition teams and transition plans for students at risk, as defined by the State Board of Education, to assist them in making a successful transition between the elementary school and
middle school years and between the middle school and high school years.
22
Example of a Parent Request for a PEP for Their Child
Date: _____________
Your name: _______________________
Your full mailing address: _______________________
Name of the School Principal: _______________________
School’s mailing address: _______________________
Dear Principal _______________:
I am writing to request that the school develop a Personalized Education Plan for my child,
______________________. His/her date of birth is ____________________.
I am concerned about [his/her] educational progress because [he/she]:





Is not proficient (below level III) on End-of–Grade (EOG) tests.
Is not proficient (below level III on End-of-Course (EOC) tests.
Is not performing well in the classroom or on classroom tests.
Is excessively absent from school.
Is having other problems that affect their education (Describe other signs of
academic fail___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
Because I believe my child is at risk of academic failure, I am requesting that the school
conduct a diagnostic evaluation and develop focused educational interventions, as required
by the Personal Education Plan (PEP) Law.
Please contact me within _____ days to schedule a time so I may meet with the team that
will be conducting the diagnostic evaluation of my child. Because my child needs educational
help, I would like the PEP to be developed as soon as possible.
I look forward to hearing from you soon. I can be reached at the following phone numbers
and/or email: _______________________________.
Thank you for your time.
Sincerely,
_______________________
Your name and signature
23
Sample Invitation Letter from School
__________ Public Schools
Personal Education Plan
Invitation to Conference
(Date Sent)
Dear Parent:
For a child to receive the education he/she needs, it is important for the school, the
child, and the parents to work together. We are requesting a conference to review
(your child’s name) _______________________ academic record, to discuss ways to
meet the academic needs of your child and develop or change the Personal Education
Plan (PEP).
The conference is scheduled for (date) ________________, at (time) _____________,
at (place) _____________________. If this time is inconvenient, we will be happy to
reschedule the meeting. Please call (phone) ______________________.
Sincerely,
__________________________
Teacher
________________________________
Principal
Please check one, sign, and return this form to the school:
 Yes, I will be present for the Conference.
 I cannot meet at this time. I will contact the school in order to arrange another
time.
 I cannot meet at this time. Please contact me to arrange another time.
Phone: (___)___________________
Parent/Guardian Signature: _____________________________________
Date Returned to school _____________________
24
THE EXCELLENT PUBLIC SCHOOLS ACT
Part 1A. North Carolina Read to Achieve Program.
§ 115C-83.1. State goal.
The goal of the State is to ensure that every student read at or above grade level by the
end of third grade and continue to progress in reading proficiency so that he or she can read,
comprehend, integrate, and apply complex texts needed for secondary education and career
success. (2012-142, s. 7A.1(b).)
§ 115C-83.2. Purposes.
(a)
The purposes of this Part are to ensure that (i) difficulty with reading
development is identified as early as possible; (ii) students receive appropriate instructional and
support services to address difficulty with reading development and to remediate reading
deficiencies; and (iii) each student and his or her parent or guardian be continuously informed of
the student's academic needs and progress.
(b)
In addition to the purposes listed in subsection (a) of this section, the purpose of
this Part is to determine that progression from one grade to another be based, in part, upon
proficiency in reading. (2012-142, s. 7A.1(b).)
§ 115C-83.3. Definitions.
The following definitions apply in this Part:
(1)
"Accelerated reading class" means a class where focused instructional supports
and services are provided to increase a student's reading level at least two grades in one school
year.
(2)
"Alternative assessment" means a valid and reliable standardized assessment of
reading comprehension, approved by the State Board of Education, that is not the same test as
the State-approved standardized test of reading comprehension administered to third grade
students.
(3)
"Difficulty with reading development" means not demonstrating appropriate
developmental abilities in any of the major reading areas, including, but not limited to, oral
language, phonological or phonemic awareness, vocabulary, fluency, or comprehension,
according to observation-based, diagnostic, or formative assessments.
(4)
"Instructional supports and services" mean intentional strategies used with a
majority of students to facilitate reading development and remediate emerging difficulty with
reading development. Instructional supports and services include, but are not limited to, small
group instruction, reduced teacher-student ratios, frequent progress monitoring, and extended
learning time.
(5)
"Reading deficiency" means not reading at the third grade level by the end of the
student's third grade year, demonstrated by the results of the State-approved standardized test of
reading comprehension administered to third grade students.
(6)
"Reading interventions" mean evidence-based strategies frequently used to
remediate reading deficiencies and include, but are not limited to, individual instruction, tutoring,
or mentoring that target specific reading skills and abilities.
(7)
"Reading proficiency" means reading at or above the third grade level by the end
1
of a student's third grade year, demonstrated by the results of the State-approved standardized
test of reading comprehension administered to third grade students.
(8)
"Student reading portfolio" means a compilation of independently produced
student work selected by the student's teacher, and signed by the teacher and principal, as an
accurate picture of the student's reading ability. The student reading portfolio shall include an
organized collection of evidence of the student's mastery of the State's reading standards that are
assessed by the State-approved standardized test of reading comprehension administered to third
grade students. For each benchmark, there shall be three examples of student work
demonstrating mastery by a grade of seventy percent (70%) or above.
(9)
"Summer reading camp" means an additional educational program outside of the
instructional calendar provided by the local school administrative unit to any student who does
not demonstrate reading proficiency. Parents or guardians of the student not demonstrating
reading proficiency shall make the final decision regarding the student's summer camp
attendance. Summer camps shall (i) be six to eight weeks long, four or five days per week; (ii)
include at least three hours of instructional time per day; (iii) be taught by compensated, licensed
teachers selected based on demonstrated student outcomes in reading proficiency; and (iv) allow
volunteer mentors to read with students.
(10) "Transitional third and fourth class combination" means a classroom specifically
designed to produce learning gains sufficient to meet fourth grade performance standards while
continuing to remediate areas of reading deficiency. (2012-142, s. 7A.1(b).)
§ 115C-83.4. Comprehensive plan for reading achievement.
(a)
The State Board of Education shall develop, implement, and continuously
evaluate a comprehensive plan to improve reading achievement in the public schools. The plan
shall be based on reading instructional practices with strong evidence of effectiveness in current
empirical research in reading development. The plan shall be developed with the active
involvement of teachers, college and university educators, parents and guardians of students, and
other interested parties. The plan shall, when appropriate to reflect research, include revision of
the standard course of study or other curricular standards, revision of teacher licensure and
renewal standards, and revision of teacher education program standards.
(b)
The State Board of Education shall report biennially to the Joint Legislative
Education Oversight Committee by October 1 of each even-numbered year on the
implementation, evaluation, and revisions to the comprehensive plan for reading achievement
and shall include recommendations for legislative changes to enable implementation of current
empirical research in reading development. (2012-142, s. 7A.1(b).)
§ 115C-83.5. Developmental screening and kindergarten entry assessment.
(a)
The State Board of Education shall ensure that every student entering
kindergarten shall be administered a developmental screening of early language, literacy, and
math skills within 30 days of enrollment.
(b)
The State Board of Education shall ensure that every student entering
kindergarten shall complete a kindergarten entry assessment within 60 days of enrollment.
(c)
The developmental screening instrument may be composed of subsections of the
kindergarten entry assessment.
(d)
The kindergarten entry assessment shall address the five essential domains of
school readiness: language and literacy development, cognition and general knowledge,
2
approaches toward learning, physical well-being and motor development, and social and
emotional development.
(e)
The kindergarten entry assessment shall be (i) administered at the classroom level
in all local school administrative units; (ii) aligned to North Carolina's early learning and
development standards and to the standard course of study; and (iii) reliable, valid, and
appropriate for use with all children, including those with disabilities and those who are English
language learners.
(f)
The results of the developmental screening and the kindergarten entry assessment
shall be used to inform the following:
(1)
The status of children's learning at kindergarten entry.
(2)
Instruction of each child.
(3)
Efforts to reduce the achievement gap at kindergarten entry.
(4)
Continuous improvement of the early childhood system. (2012-142, s.
7A.1(b).)
§ 115C-83.6. Facilitating early grade reading proficiency.
(a)
Kindergarten, first, second, and third grade students shall be assessed with valid,
reliable, formative, and diagnostic reading assessments made available to local school
administrative units by the State Board of Education pursuant to G.S. 115C-174.11(a). Difficulty
with reading development identified through administration of formative and diagnostic
assessments shall be addressed with instructional supports and services. To the greatest extent
possible, kindergarten through third grade reading assessments shall yield data that can be used
with the Education Value-Added Assessment System (EVAAS), or a compatible and comparable
system approved by the State Board of Education, to analyze student data to identify root causes
for difficulty with reading development and to determine actions to address them.
(b)
Formative and diagnostic assessments and resultant instructional supports and
services shall address oral language, phonological and phonemic awareness, phonics,
vocabulary, fluency, and comprehension using developmentally appropriate practices.
(c)
Local school administrative units are encouraged to partner with community
organizations, businesses, and other groups to provide volunteers, mentors, or tutors to assist
with the provision of instructional supports and services that enhance reading development and
proficiency. (2012-142, s. 7A.1(b).)
§ 115C-83.7. Elimination of social promotion.
(a)
The State Board of Education shall require that a student be retained in the third
grade if the student fails to demonstrate reading proficiency appropriate for a third grade student,
as demonstrated on a State-approved standardized test of reading comprehension administered to
third grade students. The test may be readministered once prior to the end of the school year.
(b)
Students may be exempt from mandatory retention in third grade for good cause
but shall continue to receive instructional supports and services and reading interventions
appropriate for their age and reading level. Good cause exemptions shall be limited to the
following:
(1)
Limited English Proficient students with less than two years of instruction
in an English as a Second Language program.
3
(2)
Students with disabilities, as defined in G.S. 115C-106.3(1), whose
individualized education program indicates the use of alternative assessments and reading
interventions.
(3)
Students who demonstrate reading proficiency appropriate for third grade
students on an alternative assessment approved by the State Board of Education.
Teachers may administer the alternative assessment following the administration of the
State-approved standardized test of reading comprehension typically given to third grade
students at the end of the school year, or after a student's participation in the local school
administrative unit's summer reading camp.
(4)
Students who demonstrate, through a student reading portfolio, reading
proficiency appropriate for third grade students. Teachers may submit the student reading
portfolio at the end of the school year or after a student's participation in the local school
administrative unit's summer reading camp. The student reading portfolio and review
process shall be established by the State Board of Education.
(5)
Students who have (i) received reading intervention and (ii) previously
been retained more than once in kindergarten, first, second, or third grades.
(c)
The superintendent shall determine whether a student may be exempt from
mandatory retention on the basis of a good cause exemption. The following steps shall be taken
in making the determination:
(1)
The teacher of a student eligible for a good cause exemption shall submit
documentation of the relevant exemption and evidence that promotion of the student is
appropriate based on the student's academic record to the principal. Such evidence shall
be limited to the student's personal education plan, individual education program, if
applicable, alternative assessment, or student reading portfolio.
(2)
The principal shall review the documentation and make an initial
determination whether the student should be promoted. If the principal determines the
student should be promoted, the principal shall make a written recommendation of
promotion to the superintendent for final determination. The superintendent's acceptance
or rejection of the recommendation shall be in writing. (2012-142, s. 7A.1(b).)
§ 115C-83.8. Successful reading development for retained students.
(a)
Students not demonstrating reading proficiency shall be enrolled in a summer
reading camp provided by the local school administrative unit prior to being retained. Students
who demonstrate reading proficiency on an alternative assessment of reading comprehension or
student reading portfolio after completing a summer reading camp shall be promoted to the
fourth grade. Students who do not demonstrate reading proficiency on these measures after
completing a summer reading camp shall be retained under G.S. 115C-83.7(a) and provided with
the instruction listed in subsection (b) of this section during the retained year.
(b)
Students retained under G.S. 115C-83.7(a) shall be provided with a teacher
selected based on demonstrated student outcomes in reading proficiency and placed in an
accelerated reading class or a transitional third and fourth grade class combination, as
appropriate. Classroom instruction shall include at least 90 minutes of daily, uninterrupted,
evidence-based reading instruction, not to include independent reading time, and other
appropriate instructional supports and services and reading interventions.
(c)
The State Board of Education shall establish a midyear promotion policy for any
student retained under G.S. 115C-83.7(a) who, by November 1, demonstrates reading
4
proficiency through administration of the alternative assessment of reading comprehension or
student reading portfolio review.
(d)
Repealed by Session Laws 2013-360, s. 8.30, effective July 1, 2013.
(e)
Parents or guardians of students who have been retained twice under the
provisions of G.S. 115C-83.7(a) shall be offered supplemental tutoring for the retained student in
evidence-based reading services outside the instructional day. (2012-142, s. 7A.1(b); 2013-360,
s. 8.30.)
§ 115C-83.9. Notification requirements to parents and guardians.
(a)
Parents or guardians shall be notified in writing, and in a timely manner, that the
student shall be retained, unless he or she is exempt from mandatory retention for good cause, if
the student is not demonstrating reading proficiency by the end of third grade. Parents or
guardians shall receive this notice when a kindergarten, first, second, or third grade student (i) is
demonstrating difficulty with reading development; (ii) is not reading at grade level; or (iii) has a
personal education plan under G.S. 115C-105.41.
(b)
Parents or guardians of any student who is to be retained under the provisions of
G.S. 115C-83.7(a) shall be notified in writing of the reason the student is not eligible for a good
cause exemption as provided in G.S. 115C-83.7(b). Written notification shall also include a
description of proposed reading interventions that will be provided to the student to remediate
identified areas of reading deficiency.
(c)
Parents or guardians of students retained under G.S. 115C-83.7(a) shall receive at
least monthly written reports on student progress toward reading proficiency. The evaluation of
the student's progress shall be based upon the student's classroom work, observations, tests,
assessments, and other relevant information.
(d)
Teachers and principals shall provide opportunities to discuss with parents and
guardians the notifications listed in this section. (2012-142, s. 7A.1(b).)
§ 115C-83.10. Accountability measures.
(a)
Each local board of education shall publish annually on a Web site maintained by
that local school administrative unit and report in writing to the State Board of Education by
September 1 of each year the following information on the prior school year:
(1)
The number and percentage of third grade students demonstrating and not
demonstrating reading proficiency on the State-approved standardized test of reading
comprehension administered to third grade students.
(2)
The number and percentage of third grade students who take and pass the
alternative assessment of reading comprehension.
(3)
The number and percentage of third grade students retained for not
demonstrating reading proficiency.
(4)
The number and percentage of third grade students exempt from
mandatory third grade retention by category of exemption as listed in G.S. 115C-83.7(b).
(b)
Each local board of education shall report annually in writing to the State Board
of Education by September 1 of each year a description of all reading interventions provided to
students who have been retained under G.S. 115C-83.7(a).
(c)
The State Board of Education shall establish a uniform format for local boards of
education to report the required information listed in subsections (a) and (b) of this section and
shall provide the format to local boards of education no later than 90 days prior to the annual due
5
date. The State Board of Education shall compile annually this information and submit a Statelevel summary to the Governor, the President Pro Tempore of the Senate, the Speaker of the
House of Representatives, and the Joint Legislative Education Oversight Committee by October
1 of each year, beginning with the 2014-2015 school year.
(d)
The State Board of Education and the Department of Public Instruction shall
provide technical assistance as needed to aid local school administrative units to implement all
provisions of this Part. (2012-142, s. 7A.1(b).)
§ 115C-105.41. Students who have been placed at risk of academic failure; personal
education plans; transition teams and transition plans.
(a)
In order to implement Part 1A of Article 8 of this Chapter, local school
administrative units shall identify students who are at risk for academic failure and who are not
successfully progressing toward grade promotion and graduation, beginning in kindergarten.
Identification shall occur as early as can reasonably be done and can be based on grades,
observations, diagnostic and formative assessments, State assessments, and other factors,
including reading on grade level, that impact student performance that teachers and
administrators consider appropriate, without having to await the results of end-of-grade or endof-course tests. No later than the end of the first quarter, or after a teacher has had up to nine
weeks of instructional time with a student, a personal education plan for academic improvement
with focused intervention and performance benchmarks shall be developed or updated for any
student at risk of academic failure who is not performing at least at grade level, as identified by
the State end-of-grade test and other factors noted above. Focused instructional supports and
services, reading interventions, and accelerated activities should include evidence-based
practices that meet the needs of students and may include coaching, mentoring, tutoring, summer
school, Saturday school, and extended days. Local school administrative units shall provide these
activities free of charge to students. Local school administrative units shall also provide
transportation free of charge to all students for whom transportation is necessary for participation
in these activities.
Local school administrative units shall give notice of the personal education plan and a
copy of the personal education plan to the student's parent or guardian. Parents should be
included in the implementation and ongoing review of personal education plans. If a student's
school report card provides all the information required in a personal education plan, then no
further personal education plan is mandated for the student.
No cause of action for monetary damages shall arise from the failure to provide or implement a
personal education plan under this section.
(b)
Local boards of education shall adopt and implement plans for the creation of
transition teams and transition plans for students at risk, as defined by the State Board of
Education, to assist them in making a successful transition between the elementary school and
middle school years and between the middle school and high school years. (2001-424, s.
28.17(e); 2009-542, s. 1; 2010-162, s. 1; 2011-145, s. 7.13(ee); 2011-391, s. 14(a); 2012-77, s. 4;
2012-142, s. 7A.1(d); 2013-226, s. 2.)
6