GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

S	1 

SENATE BILL 196

Short Title:  Three Strikes for Disruptive Students. 	(Public)

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Sponsors: Senators Shaw of Guilford; Albertson, Allran, Ballantine, Blust, Carpenter, Carrington, Clark, Cochrane, Conder, East, Forrester, Foxx, Garwood, Hartsell, Horton, Hoyle, Kerr, Kincaid, Ledbetter, Martin of Pitt, McDaniel, Odom, Page, Perdue, Rand, Rucho, Soles, Warren, and Webster.

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Referred to:  Education/Higher Education.

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February 20, 1997

A BILL TO BE ENTITLED
AN ACT TO PROVIDE FOR THE REMOVAL OF DISRUPTIVE STUDENTS FROM THE CLASSROOM OR SCHOOL.
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 removing any chronically disruptive student from the classroom or the school, or in disciplining any student if the offensive behavior could result in suspension, expulsion, the administration of corporal punishment, or the removal of any student from the classroom or the school.
(a1)	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.
(a2)	The policies that shall be adopted for the removal of any chronically disruptive student from the classroom or the school shall include at a minimum the following conditions:
(1)	A teacher may remove from the classroom a student whose conduct is chronically disruptive to the learning environment.  When a teacher removes a student the third time for chronically disruptive behavior, the principal shall not return the student to that teacher's classroom. The principal shall either:
a.	Suspend the student from the school; or
b.	Assign the student to another teacher's classroom within the school with the consent of that classroom's teacher.  If that teacher removes the student from the classroom one time for chronically disruptive behavior, the principal shall suspend the student from the school.
(2)	When a principal suspends a student from school pursuant to subdivision (1) of this subsection, the local board of education shall remove the student from the school pursuant to subsection (d2) of this section and the student shall not return to the school.
(a3)	The board shall publish all the policies mandated by subsections (a), (a1), (a2), and (a3) of this section 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. Notwithstanding the provisions of G.S. 115C-112, a local board of education has no duty to continue to provide a child with special needs, expelled pursuant to this subsection, with any special education or related services during the period of expulsion.
(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), onto school property. The local board of education upon recommendation by the superintendent may modify this suspension requirement on a case-by-case basis which includes, but is not limited to, the procedures set out in G.S. 115C-112 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)	Notwithstanding G.S. 115C-378, a local board of education shall not return a student who has been suspended from school pursuant to subsection (a2) of this section to the school from which the student was suspended.  The local board shall reassign the student to another school, place the student in an alternative program, or expel the student.
A local board of education's decision to expel a student under this section shall be based on clear and convincing evidence of the chronically disruptive behavior. 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 behavior will no longer be chronically disruptive to the learning environment, the board shall readmit the student to another school or an alternative program in that local school administrative unit on a date the board considers appropriate.
The local board shall have no obligation to provide transportation to any other school or alternative program to which the student is assigned.
(e)	A decision of a local board under subsection (c), (d), (d1), or (d2) 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, no later than December 1, 1997, reevaluate and update their policies related to school safety so they reflect changes authorized by the 1997 General Assembly. In particular, boards shall ensure they have clear policies governing the conduct of students, which state the consequences of chronically disruptive behavior, 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.  This act is effective when it becomes law and applies on and after January 1, 1998.