GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

H	3 

HOUSE BILL 47
Committee Substitute Favorable 5/14/91
Senate Education Committee Substitute Adopted 7/1/92

Short Title:  School Discipline by Parent.	(Public)
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Sponsors:
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Referred to:  
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February 11, 1991

A BILL TO BE ENTITLED
AN ACT TO CREATE SAFER SCHOOLS BY SUPPORTING THE EFFORTS OF TEACHERS TO CONTROL THEIR CLASSES AND REQUIRING PARENTS TO ASSIST IN DISCIPLINING THEIR CHILDREN AT SCHOOL; AND BY MAKING IT UNLAWFUL FOR A PARENT TO ALLOW A MINOR CHILD TO POSSESS A FIREARM ON SCHOOL PROPERTY, FOR A PERSON TO KEEP A FIREARM WHERE A MINOR MAY OBTAIN IT AND CARRY IT ON SCHOOL PROPERTY, AND FOR A PERSON TO DISPOSE OF A FIREARM TO A MINOR.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 115C-390 reads as rewritten:
"§ 115C-390. State policy; school personnel may use reasonable force.
(a)	The State of North Carolina stands behind its teachers in taking the steps necessary to maintain authority in their classes and recognizes that it is the responsibility of parents and guardians to instill in students respect for school authority.
(b)	Except as restricted or prohibited by rules adopted by the local boards of education, principals, teachers, substitute teachers, voluntary teachers, and teacher assistants and student teachers in the public schools of this State may use reasonable force in the exercise of lawful authority to restrain or correct pupils and maintain order."
Sec. 2.  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 school days or less any student who willfully violates policies of conduct established by the local board of education. Prior to suspension the principal may ask the student's parent or guardian to come to the school to discuss and resolve the student's conduct: 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 time 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.  Provided, that any pupil who possesses on school property a weapon referenced in G.S. 14-269.2, and the weapon is not for instructional or other school sanctioned purposes, may be suspended for up to 180 consecutive school days, including school days in the next subsequent school year.  The pupil or his parents may appeal the decision of the principal to the local board of education.
(d)	A local board of education may, upon recommendation of the principal and superintendent, expel any student 14 years of age or older who has been convicted of a felony and whose continued presence in school constitutes a clear threat to the safety and health of other students or employees. 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.
(e)	A decision of a local board under subsection (c) or (d) 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."
Sec. 3.  Article 39 of Chapter 14 of the General Statutes is amended by adding the following sections:
"§ 14-316.2.  Allowing a minor child to carry a firearm to an educational institution.
(a)	It is unlawful for a parent, legal guardian, or person standing in loco parentis knowingly to allow his or her minor child to possess or carry a firearm on public or private school property in violation of G.S. 14-269.2.
(b)	A violation of this section is a misdemeanor, punishable as provided below.  This subsection does not affect the right of a defendant to elect to serve the suspended sentence of imprisonment as provided in G.S. 15A-1341(c).
(1)	For a first conviction under this section, the defendant may be fined not more than two hundred fifty dollars ($250.00), imprisoned not more than 30 days, or both.  A term of imprisonment must be suspended on the condition that the defendant perform community service for a term of at least 24 hours.
(2)	For a second or subsequent conviction under this section, the defendant may be fined not more than five hundred dollars ($500.00), imprisoned not more than 60 days, or both.  A term of imprisonment must be suspended on the condition that the defendant perform community service for a term of at least 48 hours."
"§ 14-316.3.  Keeping a firearm where a minor may obtain it and carry it to school.
(a)	It is unlawful for a person to keep a firearm on premises under the person's custody or control in a manner that allows a minor to gain access to the firearm and then carry, or allow another minor to carry the firearm on school property in violation of G.S. 14-269.2.
(b)	Any of the following shall be an affirmative defense to a prosecution under this section:
(1)	The minor obtains the firearm as a result of an illegal act committed by the minor or other person.
(2)	The firearm is kept in a locked container or in a location that a reasonable person would believe to be secure.
(3)	The person is a law enforcement officer, as defined in G.S. 14-288.20, and the minor obtains the firearm while it is carried on the officer or within such close proximity to the officer that the officer can readily retrieve and use the firearm as if carried on the officer.
(c)	A violation of this section is a misdemeanor, punishable as provided below.  This subsection does not affect the right of a defendant to elect to serve the suspended sentence of imprisonment as provided in G.S. 15A-1341(c).
(1)	For a first conviction under this section, the defendant may be fined not more than two hundred fifty dollars ($250.00), imprisoned not more than 30 days, or both.  A term of imprisonment must be suspended on the condition that the defendant perform community service for a term of at least 24 hours.
(2)	For a second or subsequent conviction under this section, the defendant may be fined not more than five hundred dollars ($500.00), imprisoned not more than 60 days, or both.  A term of imprisonment must be suspended on the condition that the defendant perform community service for a term of at least 48 hours."
Sec. 4.  G.S. 14-315 reads as rewritten:
"§ 14-315.  Selling or giving weapons to minors.
If any person shall knowingly sell, offer for sale, give or in any way dispose of to a minor any firearm, pistol cartridge, brass knucks, bowie knife, dirk, shurikin, loaded cane or slingshot, he shall be guilty of a misdemeanor."
Sec. 5.  Sections 1 and 2 of this act are effective upon ratification and apply to all school years beginning with the 1992-93 school year.  Sections 3 and 4 of this act become effective August 15, 1992, and apply to offenses occurring on or after that date.