A BILL TO BE ENTITLED
AN ACT TO PROHIBIT CORPORAl PUNISHMENT IN the public schools.
Whereas, "corporal punishment" is defined in statute as "the intentional infliction of physical pain upon the body of a student as a disciplinary measure"; and
Whereas, more than 80 research studies confirm that corporal punishment is not associated with improvement in academic outcomes, but is associated with impeding students' psychological and emotional development; and
Whereas, 31 states have enacted statutory bans on corporal punishment in public schools; and
Whereas, none of this State's 115 local school administrative units currently allow the use of corporal punishment; and
Whereas, the State Board of Education, the North Carolina Parent Teacher Association, and virtually all professional and advocacy organizations related to children recommend the prohibition of corporal punishment in public schools; Now, therefore,
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 115C‑390.4 reads as rewritten:
"§ 115C‑390.4.  Corporal punishment prohibited.
	Corporal punishment is prohibited. Notwithstanding the foregoing, 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‑390.3.

	

	

	

	
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SECTION 2.  G.S. 115C‑12(27) reads as rewritten:
"§ 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 all needed rules and regulations for the system of free public schools, subject to laws enacted by the General Assembly. In accordance with Sections 7 and 8 of Article III of the North Carolina Constitution, the Superintendent of Public Instruction, as an elected officer and Council of State member, shall administer all needed rules and regulations adopted by the State Board of Education through the Department of Public Instruction. The powers and duties of the State Board of Education are defined as follows:
…
(27)	Reporting Dropout Rates, 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 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.
…."
SECTION 3.  G.S. 115C‑107.7 reads as rewritten:
"§ 115C‑107.7.  Discipline and homebound instruction.
(a)	The policies and procedures for the discipline of students with disabilities shall be consistent with federal laws and regulations.
	
(b)	If a change of placement occurs under the discipline regulations of IDEA, a local educational agency shall not assign a student to homebound instruction without a determination by the student's IEP team that the homebound instruction is the least restrictive alternative environment for that student. If it is determined that the homebound instruction is the least restrictive alternative environment for the student, the student's IEP team shall meet to determine the nature of the homebound educational services to be provided to the student. In addition, the continued appropriateness of the homebound instruction shall be evaluated monthly by the designee or designees of the student's IEP team.
(c)	A local educational agency shall be deemed to have a "basis of knowledge" that a child is a child with a disability if, prior to the behavior that precipitated the disciplinary action, the behavior and performance of the child clearly and convincingly establishes the need for special education. Prior disciplinary infractions shall not, standing alone, constitute clear and convincing evidence."
SECTION 4.  G.S. 115C‑276(r) reads as rewritten:
"§ 115C‑276.  Duties of superintendent.
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(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 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.
…."
SECTION 5.  G.S. 115C‑390.2(h) reads as rewritten:
"§ 115C‑390.2.  Discipline policies.
…
(h)	Board policies shall include the procedures to be followed by school officials in suspending or expelling any student, which shall be consistent with this Article.
…."
SECTION 6.  G.S. 6‑21.4 is repealed.
SECTION 7.  This act is effective when it becomes law and applies beginning with the 2019‑2020 school year. Section 6 of this act does not apply to civil actions arising from the use of corporal punishment prior to the effective date of this act.