GENERAL ASSEMBLY OF NORTH CAROLINA
1995 SESSION

CHAPTER 386
SENATE BILL 26

AN ACT TO ENABLE LOCAL BOARDS OF EDUCATION TO EXPEL FROM SCHOOL THOSE STUDENTS WHOSE CONTINUED PRESENCE IN SCHOOL CONSTITUTES A CLEAR THREAT TO THE SAFETY OF OTHER STUDENTS OR EMPLOYEES.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 115C-391(d) reads as rewritten:
"(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."
Sec. 2.  G.S. 115C-276 is amended by adding a new subsection to read:
"(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 suspended or expelled. This data shall include the race, gender, and age of each student, the duration of suspension for each student, whether an alternative education was considered or provided for each student, and whether a student had multiple suspensions."
Sec. 3.  The State Board of Education shall develop guidelines that define acts and conduct that are considered a clear threat to the safety of students and teachers.  The State Board of Education shall report to the 1995 General Assembly and the Joint Legislative Education Oversight Committee no later than December 1, 1996, on the implementation of this act, including the numbers of students expelled under the act.
Sec. 4.  This act becomes effective September 1, 1995, and applies to acts committed on or after that date.
In the General Assembly read three times and ratified this the 10th day of July, 1995.

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Dennis A. Wicker
President of the Senate

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Harold J. Brubaker
Speaker of the House of Representatives