North Carolina H.B. 736
Reorganizes and Clarifies Provisions Relating to School Discipline
Clarifies the definitions of the following terms: alternative education services; corporal punishment; educational property; explusion; firearm; long-term suspension; parent; destructive device; principal; school official; school personnel; short-term suspension; substantial evidence; and superintendent. Requires local boards of education to adopt policies to govern the conduct of students and establish procedure to be followed by school officials in disciplining students. Details what such policies must include. Encourages school officials to use a full range of responses to violations of disciplinary rules, such as conferences, counseling, and peer mediation. Reasonable force - Provides that 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 injury to others; (3) To obtain possession of weapons or other dangerous objects on the person, or within the control, of a student; (4) For self-defense; (5) For the protection of persons or property; and (6) To maintain order on educational property, in the classroom, or at a school-related activity on or off educational property. Corporal punishment - Directs each school board to determine whether corporal punishment will be permitted in its district. Specifies what the policies adopted for the administration of corporal punishment must include. Requires each school board to report annually to the state board of education on the number of times that corporal punishment was administered. Suspension - Details when a principal has the authority to impose short- and long-term suspension on a student and what a student subject to short- and long-term suspension must be provided. Provides the procedures for imposing short- and long-term suspension. Alternative education services - Provides that students who are long-term suspended must be offered alternative education services unless the superintendent provides a significant or important reason for declining to offer such services. Details what constitues a significant or important reason for declining such services. 365-day supension for gun possession - Requires all local boards to develop and implement policies and procedures requiring suspension for 365 calendar days of any student who is determined to have brought or been in possession of a firearm or destructive device on educational property or to a school-sponsored event off educational property. Expulsion - Provides that upon recommentation of the superintendent, a 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. Provides the procedures for an expulsion. Allows students suspended for 365 days or expelled to, after 180 calendar days from the date of suspension or expulsion, request in writing readmission to the school district. http://www.ncga.state.nc.us/Sessions/2011/Bills/House/PDF/H736v7.pdf
Source: http://www.ncga.state.nc.us
Status: Signed into law	Status Date: 06/01/2011