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 […]
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 […]
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 […]
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 […]
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 […]
115C-390.3. Reasonable force. (a) School personnel may use physical restraint only in accordance with G.S. 115C-391.1. (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 […]
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. […]
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 […]
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 […]
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 long-term suspend a student. (b) Before the superintendent’s imposition of a long-term […]
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 […]
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 […]
115C-391.1. Permissible use of seclusion and restraint. (a) It is the policy of the State of North Carolina to: (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 […]
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.)
