June 4, 2014
TO
LEA Superintendents
FROM
June St. Clair Atkinson
RECOMMENDED CLARIFICATION OF REGISTRATION/ENROLLMENT
PRACTICES AND REQUIREMENTS
Recently, I have become aware of allegations that some local education agencies (LEAs) have been
denying admission to students in contravention of state and federal law. On May 12, 2014, I issued a
memorandum regarding admission and enrollment of students in North Carolina public schools. This
letter replaces the May 12, 2014, letter.
Article IX of the Constitution of North Carolina provides for a general and uniform system of free
public schools to be provided throughout the state, wherein equal opportunities shall be provided to
all students.1 Article 25, Chapter 115C of the General Statutes sets forth the duty, responsibilities,
and authority of local boards of education concerning the admission and assignment of students.
Pursuant to state law, all students under the age of 21, who are domiciled in a school administrative
unit who have not been removed 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.2 As a general rule, an LEA shall admit a student when the parent or
guardian presents all documentation required under North Carolina law. There are very limited
circumstances under which an LEA can deny access while validating a student’s documentation.3
Homeless students shall be assigned in accordance with the provisions of the federal McKinneyVento Homeless Education Assistance Improvements Act.
Guidelines related to enrollment can be found in Chapters 1 and 2 of the School Attendance and
Student Accounting Manual: http://www.ncpublicschools.org/fbs/accounting/manuals/.
In addition, Federal guidance on an LEAs responsibilities under Federal law can be found at:
http://www2.ed.gov/about/offices/list/ocr/whatsnew.html. Further questions should be directed to
your local board attorney.
JSA:KC:mw
1
N.C. Constitution, Article IX, Section 2.
N.C.G.S. 115C-366(a).
3
See, e.g., N.C.G.S. 130A-109; 130A-155.
2
OFFICE OF THE STATE SUPERINTENDENT
June St. Clair Atkinson, Ed.D., State Superintendent | June.Atkinson@dpi.nc.gov
6301 Mail Service Center, Raleigh, North Carolina 27699-6301 | (919) 807-3430 | Fax (919) 807-3445
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER