GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

H	1 

HOUSE BILL 512

Short Title:  School Safety Act.	(Public)

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Sponsors: Representatives Preston; Arnold, Bowie, Cole, Creech, Dickson, Easterling, Fox, Gardner, Grady, Hiatt, Hurley, Jeffus, Kinney, McCrary, McMahan, Mercer, Moore, Morris, Oldham, Owens, Rogers, Russell, Sherrill, Shubert, Smith, Wilkins, and Yongue.

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Referred to:  Education, if favorable, Appropriations.

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March 13, 1997

A BILL TO BE ENTITLED
AN ACT TO REQUIRE LOCAL BOARDS OF EDUCATION TO SUSPEND FOR THREE HUNDRED SIXTY-FIVE DAYS OR TO REMOVE TO AN ALTERNATIVE EDUCATIONAL SETTING A STUDENT WHO PHYSICALLY ASSAULTS AND SERIOUSLY INJURES A TEACHER OR OTHER PERSON; TO REQUIRE PARENT'S AFFIRMATION THAT STUDENT IS NOT SUSPENDED OR EXPELLED FROM ANOTHER SCHOOL BEFORE ADMISSION TO ANY PUBLIC SCHOOL; TO ALLOW LOCAL BOARDS OF EDUCATION TO DENY ADMISSION TO ANY STUDENT WHO HAS BEEN SUSPENDED OR EXPELLED FROM ANOTHER SCHOOL; TO REQUIRE NOTICE OF SUSPENSION AND EXPULSION TO BE MADE PART OF STUDENT'S OFFICIAL RECORD; TO REQUIRE NOTIFICATION OF STUDENT'S SCHOOL WHEN STUDENT IS CHARGED WITH A FELONY OR WHEN STUDENT IS ALLEGED OR FOUND TO BE DELINQUENT FOR AN OFFENSE THAT WOULD BE A FELONY IF COMMITTED BY AN ADULT; TO PROVIDE FOR THE SCHOOL'S USE OF JUVENILE COURT RECORDS; TO MAKE PRINCIPAL'S FAILURE TO REPORT CERTAIN ACTS TO LAW ENFORCEMENT A CLASS 3 MISDEMEANOR; TO ENCOURAGE PRINCIPALS TO CONVENE MEETINGS TO IDENTIFY SCHOOL SAFETY AND DISCIPLINE CONCERNS; TO REQUIRE SCHOOL IMPROVEMENT PLANS TO INCLUDE STRATEGIES TO ADDRESS SCHOOL SAFETY AND DISCIPLINE CONCERNS; TO DIRECT THE BOARD OF GOVERNORS IN CONSULTATION WITH OTHER AGENCIES TO DEVELOP A TRAINING PROGRAM TO PROMOTE LOCAL COLLABORATION ON SCHOOL SAFETY AND DISCIPLINE ISSUES AND TO MAKE AN APPROPRIATION FOR THIS PURPOSE; TO APPROPRIATE ADDITIONAL FUNDS FOR ALTERNATIVE SCHOOLS; AND TO MAKE TECHNICAL AND CONFORMING CHANGES.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 115C-391 reads as rewritten:
"§ 115C-391.  Corporal punishment, suspension, or expulsion of pupils.
(a)	Local boards of education shall adopt policies not inconsistent with the provisions of the Constitutions of the United States and North Carolina, governing the conduct of students and establishing procedures to be followed by school officials in suspending or expelling any student, or in disciplining any student if the offensive behavior could result in suspension, expulsion, or the administration of corporal punishment. The policies that shall be adopted for the administration of corporal punishment shall include at a minimum the following conditions:
(1)	Corporal punishment shall not be administered in a classroom with other children present;
(2)	The student body shall be informed beforehand what general types of misconduct could result in corporal punishment;
(3)	Only a teacher, substitute teacher, principal, or assistant principal may administer corporal punishment and may do so only in the presence of a principal, assistant principal, teacher, substitute teacher, teacher assistant, or student teacher, who shall be informed beforehand and in the student's presence of the reason for the punishment; and
(4)	An appropriate school official shall provide the child's parent or guardian with notification that corporal punishment has been administered, and upon request, the official who administered the corporal punishment shall provide the child's parent or guardian a written explanation of the reasons and the name of the second school official who was present.
The board shall publish all the policies mandated by this subsection and make them available to each student and his parent or guardian at the beginning of each school year. Notwithstanding any policy adopted pursuant to this section, school personnel may use reasonable force, including corporal punishment, to control behavior or to remove a person from the scene in those situations when necessary:
(1)	To quell a disturbance threatening injury to others;
(2)	To obtain possession of weapons or other dangerous objects on the person, or within the control, of a student;
(3)	For self-defense; or
(4)	For the protection of persons or property.
(b)	The principal of a school, or his delegate, shall have authority to suspend for a period of 10 days or less any student who willfully violates policies of conduct established by the local board of education: Provided, that a student suspended pursuant to this subsection shall be provided an opportunity to take any quarterly, semester or grading period examinations missed during the suspension period.
(c)	The principal of a school, with the prior approval of the superintendent, shall have the authority to suspend for periods of times in excess of 10 school days but not exceeding the time remaining in the school year, any pupil who willfully violates the policies of conduct established by the local board of education. The pupil or his parents may appeal the decision of the principal to the local board of education.
(d)	Notwithstanding G.S. 115C-378, a local board of education may, upon recommendation of the principal and superintendent, expel any student 14 years of age or older whose behavior indicates that the student's continued presence in school constitutes a clear threat to the safety of other students or employees. The local board of education's decision to expel a student under this section shall be based on clear and convincing evidence. Prior to ordering the expulsion of a student pursuant to this subsection, the local board of education shall consider whether there is an alternative program offered by the local school administrative unit that may provide education services for the student who is subject to expulsion. At any time after the first July 1 that is at least six months after the board's decision to expel a student under this subsection, a student may request the local board of education to reconsider that decision. If the student demonstrates to the satisfaction of the local board of education that the student's presence in school no longer constitutes a threat to the safety of other students or employees, the board shall readmit the student to a school in that local school administrative unit on a date the board considers appropriate. 
(d1)	A local board of education shall suspend for 365 days any student who brings a weapon, as defined in G.S. 14-269.2(b) and G.S. 14-269.2(g), onto school property.  The local board of education upon recommendation by the superintendent may modify this suspension requirement on a case-by-case basis that includes, but is not limited to, the procedures established for the discipline of students with disabilities and may also provide, or contract for the provision of, educational services to any student suspended pursuant to this subsection in an alternative school setting or in another setting that provides educational and other services.
(d2)	A local board of education shall suspend for 365 days or shall remove to an alternative educational setting, as provided in this subsection, any student who physically assaults and seriously injures a teacher or other individual on school property or while attending a school-sponsored or school-related activity on or off school property.  If the other individual is a student, then this subsection shall not apply when the board finds that the student who is subject to suspension or removal was acting in self-defense.  If the board chooses to remove the student to an alternative educational setting and the conduct leading to the suspension occurred after the ninetieth school day, the board shall remove the student to that setting for the remainder of the current school year and for the entire subsequent school year.  If a teacher is assaulted and injured and as a result a student is suspended or removed to an alternative educational setting under this subsection, then the student shall not be returned to that teacher's classroom unless the teacher consents.
(e)	A decision of a local board under subsection (c), (d), (d1), or (d2) of this section is final and, except as provided in this subsection, is subject to judicial review in accordance with Article 4 of Chapter 150B of the General Statutes. A person seeking judicial review shall file a petition in the superior court of the county where the local board made its decision.
(f)	Local boards of education shall ensure they have clear policies governing the conduct of students.  At a minimum, these policies shall state the consequences of violent or assaultive behavior, possessions of weapons, and criminal acts committed on school property or at school-sponsored functions. The State Board shall develop guidelines to assist local boards in this process.
(g)	Notwithstanding the provisions of this section, the policies and procedures for the discipline of students with disabilities shall be consistent with federal laws and regulations."
Section 2.  G.S. 115C-366 is amended by adding the following new subsection to read:
"(a3)	Before the admission of a student to any public school in North Carolina, the local board shall require the student's parent, guardian, or 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.  Any person who willfully makes a materially false statement or affirmation under this subsection shall be guilty of a Class 3 misdemeanor.  Notwithstanding any other law, a local board may deny admission to a student who has been suspended from a school under G.S. 115C-391 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 a student who has been expelled from a school under G.S. 115C-391 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 employees.  If the local board denies admission to a student who has been expelled, the student may request the local board to reconsider that decision in accordance with G.S. 115C-391(d)."
Section 3.  G.S. 115C-402 reads as rewritten:
"§ 115C-402. Student records; maintenance; contents; confidentiality.
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.
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 suspension for a period of more than 10 days or of any expulsion under G.S. 115C-391 and the conduct for which the student was suspended or expelled.   The notice of suspension or expulsion shall be expunged from the record if the student (i)	graduates from high school or (ii) 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.
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."
Section 4.  Article 54 of Chapter 7A of the General Statutes is amended by adding the following new section to read:
"§ 7A-675.1.  Notification of schools when juveniles are alleged or found to be delinquent.
(a)	Notwithstanding G.S. 7A-675, the juvenile court counselor shall deliver written notification of the following actions to the principal of the school that the juvenile attends:
(1)	A petition is filed under G.S. 7A-560 that alleges delinquency for an offense that would be a felony if committed by an adult;
(2)	The judge transfers jurisdiction over a juvenile to superior court under G.S. 7A-608;
(3)	The judge dismisses the petition that alleges delinquency for an offense that would be a felony if committed by an adult and releases the juvenile under G.S. 7A-637;
(4)	The judge issues a dispositional order under Article 52 of Chapter 7A of the General Statutes concerning a juvenile alleged or found delinquent for an offense that would be a felony if committed by an adult; or
(5)	The judge modifies or vacates any order or disposition under G.S. 7A-664 concerning a juvenile alleged or found delinquent for an offense that would be a felony if committed by an adult.
Delivery shall be made as soon as practicable but at least within five days of the action.  Delivery shall be made in person or by certified mail.  Notification that a petition has been filed shall describe the nature of the offense.  Notification of a dispositional order, a modified or vacated order, or a transfer to superior court shall describe the judge's action and any applicable disposition requirements.  As used in this subsection, the term ‘offense' shall not include any offense under Chapter 20 of the General Statutes.
(b)	If the principal of the school the juvenile attends returns any notification as required by G.S. 115C-404, and if the juvenile court counselor learns that the juvenile is transferring to another school, the juvenile court counselor shall deliver the notification to the principal of the school to which the juvenile is transferring.  Delivery shall be made as soon as practicable and shall be made in person or by certified mail.
(c)	Principals shall handle any notification delivered under this section in accordance with G.S. 115C-404.
(d)	For the purpose of this section, ‘school' means any public or private school in the State that is authorized under Chapter 115C of the General Statutes."
Section 5.  Article 29 of Chapter 115C of the General Statutes is amended by adding a new section  to read:
"§ 115C-404.  Use of juvenile court information.
(a)	Written notifications received in accordance with G.S. 7A-675.1 are confidential records, are not public records as defined under G.S. 132-1, and shall not be made part of the student's official record under G.S. 115C-402.  Immediately upon receipt, the principal shall maintain these documents in a safe, locked record storage that is separate from the student's other school records.  The principal shall maintain these documents until the principal receives notification that the judge dismissed the petition under G.S. 7A-637, the judge transferred jurisdiction over the student to superior court under G.S. 7A-608, or the judge granted the student's petition for expunction of the records.  At that time, the principal shall shred or burn the documents to protect the confidentiality of this information. In no case shall the principal make a copy of these documents.
(b)	Upon receipt of each document, the principal shall share the document with appropriate staff members who shall indicate in writing that they have read the document and that they agree to maintain its confidentiality.  For the purposes of this section, ‘appropriate staff members' are those individuals who have direct guidance, teaching, or supervisory responsibility for the student, or who have a specific need to know in order to protect the safety of the student or others.  Failure to maintain the confidentiality of these documents as required by this section is a Class 3 misdemeanor.
(c)	If the student graduates, withdraws from school, is suspended for the remainder of the school year, is expelled, or transfers to another school, the principal shall return the documents to the juvenile court counselor and, if applicable, shall provide the counselor with the name and address of the school to which the student is transferring."
Section 6.  G.S. 15A-505 reads as rewritten:
"§ 15A-505.  Notification of parent and school.
(a)	A law-enforcement officer who charges a minor with a criminal offense shall notify the minor's parent or guardian of the charge, as soon as practicable, in person or by telephone.  If the minor is taken into custody, the law enforcement officer or the officer's immediate superior shall notify a parent or guardian in writing that the minor is in custody within 24 hours of the minor's arrest.  If the parent or guardian of the minor cannot be found, then the officer or the officer's immediate superior shall notify the minor's next-of-kin of the minor's arrest as soon as practicable.
(b)	The notification provided for by subsection (a) of this section shall not be required if:
(1)	The minor is emancipated;
(2)	The minor is not taken into custody and has been charged with a motor vehicle moving violation for which three or fewer points are assessed under G.S. 20-16(c), except an offense involving impaired driving, as defined in G.S. 20-4.01(24a); or
(3)	The minor has been charged with a motor vehicle offense that is not a moving violation.
(c)	A law enforcement officer who charges a person with a criminal offense that is a felony, except for a criminal offense under Chapter 20 of the General Statutes, shall notify the principal of any school the person attends of the charge as soon as practicable but at least within five days. The notification may be made in person or by telephone.  If the person is taken into custody, the law enforcement officer or the officer's immediate supervisor shall notify the principal of any school the person attends. This notification shall be in writing and shall be made within five days of the person's arrest.  As used in this subsection, the term ‘school' means any public or private school in the State that is authorized under Chapter 115C of the General Statutes."
Section 7.  G.S. 115C-288(g) reads as rewritten:
"(g)	To Report Certain Acts to Law Enforcement. – When the principal has a reasonable belief 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. Failure to report under this subsection is a Class 3 misdemeanor.  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."
Section 8.  G.S. 115C-288 is amended by adding the following new subsection:
"( i)	To Identify School Safety and Discipline Concerns. – The principal is encouraged to convene meetings on a periodic basis with parents, school personnel, and other interested individuals in order to identify school safety and discipline concerns and to develop proposals to address these concerns."
Section 9.  G.S. 115C-105.27 reads as rewritten:
"§ 115C-105.27.  Development and approval of school improvement plans.
In order to improve student performance, each school shall develop a school improvement plan that takes into consideration the annual performance goal for that school that is set by the State Board under G.S. 115C-105.35. The principal of each school, representatives of the assistant principals, instructional personnel, instructional support personnel, and teacher assistants assigned to the school building, and parents of children enrolled in the school shall constitute a school improvement team to develop a school improvement plan to improve student performance. Parents serving on school improvement teams shall reflect the racial and socioeconomic composition of the students enrolled in that school and shall not be members of the building-level staff. Parental involvement is a critical component of school success and positive student achievement; therefore, it is the intent of the General Assembly that parents, along with teachers, have a substantial role in developing school improvement plans. To this end, school improvement team meetings shall be held at a convenient time to assure substantial parent participation. The strategies for improving student performance shall include a plan for the use of staff development funds that may be made available to the school by the local board of education to implement the school improvement plan and shall include a plan to address school safety and discipline concerns.  The strategies may include a decision to use State funds in accordance with G.S. 115C-105.25. The strategies may also include requests for waivers of State laws, rules, or policies for that school. A request for a waiver shall meet the requirements of G.S. 115C-105.26.
Support among affected staff members is essential to successful implementation of a school improvement plan to address improved student performance at that school. The principal of the school shall present the proposed school improvement plan to all of the principals, assistant principals, instructional personnel, instructional support personnel, and teacher assistants assigned to the school building for their review and vote. The vote shall be by secret ballot. The principal shall submit the school improvement plan to the local board of education only if the proposed school improvement plan has the approval of a majority of the staff who voted on the plan.
The local board of education shall accept or reject the school improvement plan. The local board shall not make any substantive changes in any school improvement plan that it accepts. If the local board rejects a school improvement plan, the local board shall state with specificity its reasons for rejecting the plan; the school improvement team may then prepare another plan, present it to the principals, assistant principals, instructional personnel, instructional support personnel, and teacher assistants assigned to the school building for a vote, and submit it to the local board to accept or reject. If no school improvement plan is accepted for a school within 60 days after its initial submission to the local board, the school or the local board may ask to use the process to resolve disagreements recommended in the guidelines developed by the State Board under G.S. 115C-105.20(b)(5). If this request is made, both the school and local board shall participate in the process to resolve disagreements. If there is no request to use that process, then the local board may develop a school improvement plan for the school. The General Assembly urges the local board to utilize the school's proposed school improvement plan to the maximum extent possible when developing such a plan.
A school improvement plan shall remain in effect for no more than three years; however, the school improvement team may amend the plan as often as is necessary or appropriate. If, at any time, any part of a school improvement plan becomes unlawful or the local board finds that a school improvement plan is impeding student performance at a school, the local board may vacate the relevant portion of the plan and may direct the school to revise that portion. The procedures set out in this subsection shall apply to amendments and revisions to school improvement plans."
Section 10.  (a) The Board of Governors of The University of North Carolina, in consultation with the State Board of Education, the Administrative Office of the Courts, the Department of Crime Control and Public Safety, and other appropriate State agencies, shall develop a program for the ongoing training of school officials, local law enforcement officials, and local court officials.  The program shall be designed to promote local collaboration on school safety and discipline issues.  The Board of Governors shall report to the Joint Legislative Education Oversight Committee on the development of this program by January 15, 1998.
(b)	There is appropriated from the General Fund to the Board of Governors of The University of North Carolina the sum of two hundred thousand dollars ($200,000) in the 1997-98 fiscal year to implement this section.
Section 11. There is appropriated from the General Fund to State Aid to Local School Administrative Units the sum of ten million dollars ($10,000,000) in each year of the 1997-99 fiscal biennium to be allocated to At-Risk Student Services/Alternative Schools.
Section 12.  This act is effective when it becomes law.