GENERAL ASSEMBLY OF NORTH CAROLINA

EXTRA SESSION 1994

S	1 

SENATE BILL 138

Short Title:  Educational Neglect.	(Public)
─────────────────────────────────────── 
Sponsors: Senator Perdue.
─────────────────────────────────────── 
Referred to:  Juveniles/Prevention.
─────────────────────────────────────── 

February 15, 1994

A BILL TO BE ENTITLED
AN ACT TO ESTABLISH A PROGRAM TO PROVIDE SCHOOL AND FAMILY ASSISTANCE TO STUDENTS WHO ARE NOT ACHIEVING AT THEIR FULL POTENTIAL DUE TO EDUCATIONAL NEGLECT.
The General Assembly of North Carolina enacts:
Section 1.  Chapter 115C of the General Statutes is amended by adding a new Article to read:
"ARTICLE 26A.
"School and Family Assistance to Underachieving Students.
"§ 115C-389.1.  Findings.
The General Assembly finds that growing numbers of students are not achieving at their full potential and are at risk of academic failure.  The best and most cost-effective time to help these students is when the first signs of a problem are evident and before a pattern of failure develops.  Although teachers often become aware of signs of a problem such as behavior problems, failure to do homework, and truancy, there is no formal process for identifying these students and providing them with assistance.  Meeting the needs of these students is not solely the responsibility of the schools and it is not something that the schools alone can accomplish.  The schools must involve the families and caretakers of these students in determining how best to assist these students and helping their families and caretakers provide the needed assistance to them.  The families and caretakers have an obligation to provide the assistance the students need to achieve at their full potential and to become successful academically and as citizens of the State.  The students also have an obligation to behave appropriately, do their homework, attend school, and cooperate with their schools' and their families' and caretakers' efforts to assist them in achieving at their full potential and becoming successful academically and as citizens of the State.
The General Assembly further finds that the State is faced with an explosion of violent crime committed by young people and that the relationship between failure at school and subsequent criminal behavior is clear.  The best way to stop this explosion of violent crime in the long term is with long-term, preventive solutions.  The State must ensure that the public schools, parents, and students are working together to meet the needs of each and every school child in North Carolina.  The students' future and the future well-being of the State depend on it.
"§ 115C-389.2.  Identification of an underachieving student.
(a)	Any teacher of a student who exhibits chronic behavior problems, fails to do homework, is truant, or exhibits other behaviors that lead the teacher to suspect that the student is continually not achieving at the student's full potential and is at risk of academic failure shall immediately report to the principal of the school in writing that the student may be an underachieving student.  The report shall set out the behaviors that lead the teacher to suspect that the student may be an underachieving student.
(b)	If, after reviewing the teacher's report, the principal agrees that the student may be an underachieving student, the principal shall immediately send a copy of the report to the parent, guardian, or caretaker, as defined in G.S. 7A-517(5), of the student.  The principal shall offer in writing and by telephone to meet with the person or to talk to the person by telephone, at a time convenient to the person, to discuss (i) the report, (ii) the student's behaviors that lead the teacher to suspect that the student may be an underachieving student, and (iii) responses that the school and the parent, guardian, or caretaker should make to the behaviors.
(c)	If, after the principal has discussed the report with the parent, guardian, or caretaker of the student, or after the principal has made a good faith but unsuccessful effort to discuss the report with the person, the student again exhibits behaviors that lead a teacher of the student to suspect that the student is an underachieving student, that teacher shall report to the principal as provided in subsection (a) of this section.  The principal shall send the parent, guardian, or caretaker a copy of the report and discuss or attempt to discuss the matter with the person as provided in subsection (b) of this section.
(d)	If, after the principal has discussed the second report with the parent, guardian, or caretaker of the student, or after the principal has made a good faith but unsuccessful effort to discuss the second report with the person, the student again exhibits behaviors that lead a teacher of the student to suspect that the student is an underachieving student, that teacher shall report to the principal as provided in subsection (a) of this section.
"§ 115C-389.3.  Preparation of an education plan for an underachieving student.
(a)	Unless the student is a child with special needs, the principal shall direct the teacher or teachers who made the reports on the student and the school guidance counselor to prepare a proposed education plan for the student.  The plan may include steps such as adjustment of the school program, supplemental school services, appointment of an adult volunteer to work with the student during the school day, instruction for the parent, guardian, or caretaker of the student to enable that person to help the student, and specific strategies for that person to undertake to help the student.  The principal shall immediately send a copy of the proposed plan to the parent, guardian, or caretaker of the student.  The principal shall offer in writing and by telephone to meet with the person and the student or to talk to the person and the student by telephone, at a time convenient to the person and the student, to discuss (i) the proposed plan, and (ii) any changes to the plan the person or the student consider appropriate.  After discussing the proposed plan with the person and the student, or after making a good faith but unsuccessful attempt to discuss the proposed plan with the person and the student, the principal shall adopt and implement an education plan for the student.
(b)	If the student is a child with special needs, the multidisciplinary team shall reconsider the student's individual education plan.  The multidisciplinary team shall determine whether the plan should include steps such as adjustment of the school program, supplemental school services, appointment of an adult volunteer to work with the student during the school day, instruction for the parent, guardian, or caretaker of the student to enable that person to help the student, and specific strategies for that person to undertake to help the student.
"§ 115C-389.4.  Additional steps in the education plan if unsuccessful.
(a)	If the principal finds that the education plan for a student who is not a child with special needs is not succeeding because the parent, guardian, or caretaker of the student is not (i) participating in instruction to enable that person to help the student as provided in the education plan or (ii) implementing specific strategies to help the student as provided in the plan, the principal shall report the case of the juvenile to the Director of the Department of Social Services in the county where the juvenile resides or is found as provided in G.S. 7A-543. The report shall include the name and address of the juvenile; the name and address of the juvenile's parent, guardian, or caretaker; the age of the juvenile; a copy of the education plan; a summary of the efforts made by the principal and teacher to inform the parent, guardian, or caretaker of the education plan and educational requirements and to seek the assistance of the parent, guardian, or caretaker; and the refusal of the parent, guardian, or caretaker to participate in the education plan.
(b)	If the multidisciplinary team finds that the individual education plan for a child with special needs is not succeeding because the parent, guardian, or caretaker of the student is not (i) participating in instruction to enable that person to help the student as provided in the individual education plan, or (ii) implementing specific strategies to help the student as provided in the plan, the multidisciplinary team shall report the case of the juvenile to the Director of the Department of Social Services in the county where the juvenile resides or is found as provided in G.S. 7A-543. The report shall include the name and address of the juvenile; the name and address of the juvenile's parent, guardian, or caretaker; the age of the juvenile; a copy of the individual education plan; a summary of the efforts made by the principal and teacher to inform the parent, guardian, or caretaker of the individual education plan and educational requirements and to seek the assistance of the parent, guardian, or caretaker; and the refusal of the parent, guardian, or caretaker to participate in the individual education plan.
(c)	If the principal finds that the education plan for a student who is not a child with special needs is not succeeding because the student refuses to participate in the plan and the student is less than 16 years of age but more than 10 years of age, the principal shall file a complaint and a copy of the education plan with the intake counselor as provided in G.S. 7A-531. The complaint shall provide a summary of the facts and allegations against the juvenile pertaining to the juvenile's refusal to participate in the education plan.
(d)	If the multidisciplinary team finds that the individual education plan for a child with special needs is not succeeding because the student refuses to participate in the plan and the student is less than 16 years of age but more than 10 years of age, the multidisciplinary team shall file a complaint and a copy of the education plan with the intake counselor as provided in G.S. 7A-531. The complaint shall provide a summary of the facts and allegations against the juvenile pertaining to the juvenile's refusal to participate in the individual education plan."
Sec. 2.  G.S. 7A-517(21) reads as rewritten:
"(21)	Neglected Juvenile. –A juvenile who:
a.	Does not receive proper care, supervision, or discipline from the juvenile's parent, guardian, custodian, or caretaker;
b.	Has been abandoned;
c.	Is not provided necessary medical care;
d.	Lives in an environment injurious to the juvenile's welfare;
e.	Has been placed for care or adoption in violation of law; or
f.	Has not received educational supervision as required in the education plan of the juvenile established in accordance with G.S. 115C-389.3 and G.S. 115C-389.4.
In determining whether a juvenile is a neglected juvenile, it is relevant whether that juvenile lives in a home where another juvenile has died as a result of abuse or neglect or lives in a home where another juvenile has been subjected to sexual abuse or severe physical abuse by an adult who regularly lives in the home."
Sec. 3.  G.S. 7A-517(28) reads as rewritten:
"(28)	Undisciplined juvenile. –A juvenile:
a.	Less than 16 years of age who is unlawfully absent from school or less than 16 years of age but more than 10 years of age who has refused to participate in the education plan established pursuant to G.S. 115C-389.3 and G.S. 115C-389.4 to ensure adequate supervision of the juvenile's education;
b.	Less than 16 years of age who is regularly disobedient to the juvenile's parent, guardian, or custodian and beyond this person's disciplinary control; or
c.	Less than 16 years of age who has run away from home."
Sec. 4.  G.S. 7A-647 is amended by inserting two new subdivisions to read:
"(2.1)	Unless the juvenile is a child with special needs pursuant to Article 9 of Chapter 115C of the General Statutes and not withstanding any law to the contrary, in a case in which the judge adjudicates the juvenile undisciplined as defined in G.S. 7A-517(28)a. for failure to participate in the education plan established pursuant to G.S. 115C-389.3 and G.S. 115C-389.4 to ensure adequate supervision of the juvenile's education, the judge may order the juvenile to attend an alternative school for the remainder of the juvenile's education or until the judge determines that the juvenile is satisfactorily participating in the education plan.  The judge may also order that the juvenile shall not be licensed to operate a motor vehicle in the State for as long as the court retains jurisdiction over the juvenile or for any shorter period of time.
	If the juvenile is a child with special needs pursuant to Article 9 of Chapter 115C of the General Statutes, the judge may request the child's local educational agency to have the appropriateness of the child's placement reconsidered in light of the judge's finding that the juvenile's behavior makes it more appropriate for the juvenile to attend an alternative school and it is in the best interest of the juvenile and the local school administrative unit for the juvenile to attend an alternative school.
(2.2)	Unless the juvenile is a child with special needs pursuant to Article 9 of Chapter 115C of the General Statutes and not withstanding any law to the contrary, in the case of any juvenile who has not received proper educational care as defined in G.S. 7A-517(21), the judge may order the child be supervised in his own home by the Department of Social Services in accordance with the education plan established pursuant to G.S. 115C-389.3 and G.S. 115C-389.4. If, upon consideration of the facts and circumstances, including the emotional and physical needs as well as the educational needs of the juvenile, the judge determines that the juvenile requires more intensive supervision than the Department of Social Services and the adult volunteer appointed in the education plan can provide in the juvenile's home and it is in the best interest of the juvenile, the judge may place the juvenile in the custody of the Department of Social Services.
	If the juvenile is a child with special needs pursuant to Article 9 of Chapter 115C of the General Statutes, request the child's local educational agency to have the appropriateness of the child's placement reconsidered in light of the judge's finding that the juvenile's behavior makes it more appropriate for the juvenile to attend an alternative school and it is in the best interest of the juvenile and the local school administrative unit for the juvenile to attend an alternative school."
Sec. 5.  G.S. 115C-366(b) reads as rewritten:
"(b)	Each local board of education shall assign to a public school each student qualified for assignment under this section.  Except as otherwise provided by G.S. 7A-647(2.1), G.S. 7A-647(2.2), or any other provision of law, the authority of each board of education in the matter of assignment of children to the public schools shall be full and complete, and its decision as to the assignment of any child to any school shall be final."
Sec. 6. G.S. 115C-391(e) reads as rewritten:
"(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.
The decision may also be modified in accordance with G.S. 7A-647(2.1) or G.S. 7A-647(2.2)."
Sec. 7.  G.S. 7A-289.32(2) reads as rewritten:
"(2)	The parent has abused or neglected the child. The child shall be deemed to be abused or neglected if the court finds the child to be an abused child within the meaning of G.S. 7A-517(1), or a neglected child within the meaning of G.S. 7A-517(21), except as provided in this section.  For purposes of this Article, an adjudication of that kind of neglect defined in G.S. 7A-517(f) alone is not a ground for termination of parental rights."
Sec. 8.  This act becomes effective July 1, 1994.  Section 1 of this act applies to all school years beginning with the 1994-95 school year.  Sections 2 through 7 of this act apply to causes of action arising on or after July 1, 1994.