GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

S	2 

SENATE BILL 4
Education/Higher Education Committee Substitute Adopted 4/9/97

Short Title:  Safe Schools Act of 1997.	(Public)

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Sponsors:

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Referred to:  Appropriations.

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February 3, 1997

A BILL TO BE ENTITLED
AN ACT TO ENACT THE SAFE SCHOOLS ACT OF 1997.
The General Assembly of North Carolina enacts:

TITLE OF ACT
Section 1.  This act shall be known as "The Safe Schools Act of 1997".

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An outline of the provisions of the act follows this section.  The outline shows the heading "CONTENTS/INDEX" and it lists by general category the descriptive captions for the various sections and groups of sections that make up the act.  This outline is designed for reference only, and it in no way limits, defines, or prescribes the scope or application of the text of the act.

CONTENTS/INDEX

TITLE OF ACT
Section 1.
SAFETY TEAMS TO RESTORE ORDER TO SCHOOLS
Section 2.
MANAGEMENT OF DISRUPTIVE STUDENTS
Section 3.
SMALLER CLASS SIZE FOR STUDENTS ENTERING MIDDLE SCHOOL OR JUNIOR HIGH SCHOOL WHO ARE ACADEMICALLY BELOW GRADE LEVEL
Section 4.
RESTRICTIONS ON ADMISSION OF A STUDENT WHO IS UNDER SUSPENSION OR EXPULSION FROM ANOTHER SCHOOL OR HAS BEEN CONVICTED OF A FELONY
Section 5.
NOTIFICATION OF SCHOOLS OF UNLAWFUL ACTS BY A STUDENT AND OF THE STATUS OF LEGAL ACTION REGARDING THOSE ACTS
Section 6.
Section 7.
Section 8.
LOCAL PLANS TO MAINTAIN, IMPROVE, OR RESTORE ORDER AND DISCIPLINE WITHIN SCHOOLS
Section 9.
TRAINING FOR SCHOOL PERSONNEL ON MAINTAINING SAFE AND ORDERLY SCHOOLS
Section 10.
MODIFICATION OF SCHOOL FACILITY GUIDELINES IN ORDER TO IMPROVE SCHOOL CLIMATE
Section 11.
MAKE REPORTS OF VIOLENT ACTS IN SCHOOLS MORE ACCURATE AND CONSISTENT THROUGHOUT THE STATE
Section 12.
MULTIAGENCY TASK FORCE TO ASSIST AT-RISK STUDENTS AT THE COMMUNITY LEVEL
Section 13.
EXPANSION OF THE S.O.S. PROGRAM
Section 14.
TESTING AND REMEDIATION IN ALTERNATIVE SCHOOLS
Section 15.
STUDY ON OPTIONS FOR STUDENTS WITH SEVERE EMOTIONAL AND BEHAVIORAL PROBLEMS
Section 16.
STUDENT DISCIPLINE/NO CIVIL LIABILITY
Section 17.
CAPTIONS ARE FOR REFERENCE ONLY AND DO NOT LIMIT TEXT
Section 18.
EFFECTIVE DATE
Section 19.

SAFETY TEAMS TO RESTORE ORDER TO SCHOOLS
Section 2.  There is appropriated from the General Fund to the State Board of Education the sum of five hundred thousand dollars ($500,000) for the 1997-98 fiscal year and the sum of five hundred thousand dollars ($500,000) for the 1998-99 fiscal year to provide safety intervention teams to schools to assist those schools in restoring safety and order.  Upon the request of a local board of education, a superintendent, a principal, a school improvement team, or a parent-teacher organization at a school, the State Board of Education is authorized to provide a safety intervention team to a school.  The team may consist of teachers, retired teachers, school administrators, retired school administrators, and others who have demonstrated their ability to restore and maintain order in public schools.  The team shall spend a sufficient amount of time at the school to assess the problems at the school, assist school personnel with resolving those problems, and work with school personnel and others to develop a long-term plan for restoring and maintaining order and discipline at the school.  The team shall also make recommendations to the local board of education and the superintendent on actions the board and the superintendent should consider taking to resolve problems at the school.  The team shall revisit the school as needed to monitor the school's progress in implementing the plan and in restoring and maintaining order and discipline in the school.  If appropriate, the team may make further recommendations to the local board of education and the superintendent on additional actions, including dismissal of teachers or administrators, to resolve problems at the school.  If the school fails to make adequate progress on its implementation of a long-term plan, the team recommends the dismissal of any teacher or administrator, and the local board fails to take action on the dismissal recommendation, then the team may make the dismissal recommendation to the State Board of Education.  Upon receipt of a dismissal recommendation, the State Board shall follow the procedure established in G.S. 115C-325(q)(1) or G.S. 115C-325(q)(2), whichever is applicable, for the dismissal of the teacher or administrator.

MANAGEMENT OF DISRUPTIVE STUDENTS
Section 3.  Chapter 115C of the General Statutes is amended by adding a new Article to read:
"ARTICLE 27A.
"Management and Placement of Disruptive Students.
"§ 115C-397.1.  Management and placement of disruptive students.
If, after a teacher has requested assistance from the principal two or more times due to a student's disruptive behavior, the teacher finds that the student's disruptive behavior continues to interfere with the academic achievement of that student or other students in the class, then the teacher may refer the matter to the school-based committee established at that school as authorized by the State Board of Education in its Procedures Governing Programs and Services for Children with Special Needs.  The teacher may request that additional classroom teachers participate in the committee's proceedings.  For the purposes of this section, the student's parent, guardian, or legal custodian shall be requested to participate in the proceedings of the committee concerning the student.  Furthermore, a student is not required to be screened, evaluated, or identified as a child with special needs under this section.  The committee shall review the matter and shall take one or more of the following actions: (i)	advise the teacher on managing the student's behavior more effectively, (ii) recommend to the principal the transfer of the student to another class within the school, (iii) recommend to the principal a multidisciplinary diagnosis and evaluation of the student, (iv) recommend to the principal that the student be assigned to an alternative learning program, or (v) recommend to the principal that the student receive any additional services that the school or the school unit has the resources to provide for the student.  If the principal does not follow the recommendation of the committee, the principal shall provide a written explanation to the committee, the teacher who referred the matter to the committee, and the superintendent, of any actions taken to resolve the matter and of the reason the principal did not follow the recommendation of the committee.
This section shall be in addition to and supplemental to disciplinary action taken in accordance with any other law.  The recommendation of the committee is final and may not be appealed under G.S. 115C-45(c). Nothing in this section shall authorize a student to refer a disciplinary matter to this committee or to have the matter of the student's behavior referred to this committee before any discipline is imposed on the student."

SMALLER CLASS SIZE FOR STUDENTS ENTERING MIDDLE SCHOOL OR JUNIOR HIGH SCHOOL WHO ARE ACADEMICALLY BELOW GRADE LEVEL
Section 4.  (a) There is appropriated from the General Fund to State Aid to Local School Administrative Units the sum of seventeen million one hundred forty-six thousand seven hundred twenty dollars ($17,146,720) for the 1997-98 fiscal year and the sum of seventeen million one hundred forty-six thousand seven hundred twenty dollars ($17,146,720) for the 1998-99 fiscal year to provide additional teachers for middle or junior high school-age children who are academically below grade level.
The State Board of Education shall allocate these teacher positions on the basis of the number of students in grades six or seven who scored at proficiency Level I on the end-of-grade test in mathematics, on the end-of-grade test in reading, or on both, at the end of their last school year.  Under this allocation, all county school administrative units shall receive at least one whole teacher position.
(b) The purpose of these funds is to improve the academic performance and the behavior of these students during the first two school years after elementary school by placing them in classes with a low student-to-teacher ratio for either all of their core academic subjects or for the subject or subjects in which they are below grade level.  In order to accomplish this purpose, local school administrative units shall use (i) the teachers allocated for these students pursuant to the regular teacher allotment and (ii) the teachers allocated for these students under this section only to improve the academic performance and the behavior of these students. Local boards of education shall adopt rules to ensure that each student for whom funds for additional teacher positions are allocated under this section shall be assigned a teacher who is responsible for monitoring the academic progress of the student.
(c) Of the funds appropriated in this section, the State Board of Education may use up to twenty-five thousand dollars ($25,000) to evaluate the effectiveness of these smaller classes in improving academic performance and discipline in middle schools and junior high schools.

RESTRICTIONS ON ADMISSION OF A STUDENT WHO IS UNDER SUSPENSION OR EXPULSION FROM ANOTHER SCHOOL OR HAS BEEN CONVICTED OF A FELONY
Section 5.  G.S. 115C-366 is amended by adding the following new subsections to read:
"( a3)	Before the admission of a student to any public school in North Carolina, the local board shall require the student's parent, guardian, custodian, or other person satisfactory to the local board to provide a statement made under oath or affirmation before a qualified official indicating whether the student is, at the time, under suspension or expulsion from attendance at a private or public school in this or any other state or has been convicted of a felony in this or any other state.
(a4)	Notwithstanding any other law, a local board may deny admission to or place reasonable conditions on the admission of a student who has been suspended from a school under G.S. 115C-391 or who has been suspended from a school for conduct that could have led to a suspension from a school within the local school administrative unit where the student is seeking admission until the period of suspension has expired.  Also, a local board may deny admission to or place reasonable conditions on the admission of a student who has been expelled from a school under G.S. 115C-391 or who has been expelled from a school for behavior that indicated the student's continued presence in school constituted a clear threat to the safety of other students or employees or who has been convicted of a felony in this or any other state.  If the local board denies admission to a student who has been expelled or convicted of a felony, the student may request the local board to reconsider that decision in accordance with G.S. 115C-391(d)."

NOTIFICATION OF SCHOOL OF UNLAWFUL ACTS BY A STUDENT AND OF THE STATUS OF LEGAL ACTION REGARDING THOSE ACTS
Section 6.  Article 54 of Chapter 7A of the General Statutes is amended by adding the following new section to read:
"§ 7A-675.1.  Notification of schools when juveniles are alleged or found to be delinquent.
(a)	Notwithstanding G.S. 7A-675, the juvenile court counselor shall deliver verbal and written notification of the following actions to the principal of the school that the juvenile attends:
(1)	A petition is filed under G.S. 7A-560 that alleges delinquency for an offense that would be a felony if committed by an adult;
(2)	The judge transfers jurisdiction over a juvenile to superior court under G.S. 7A-608;
(3)	The judge dismisses under G.S. 7A-637 the petition that alleges delinquency for an offense that would be a felony if committed by an adult;
(4)	The judge issues a dispositional order under Article 52 of Chapter 7A of the General Statutes including, but not limited to, an order of probation that requires school attendance, concerning a juvenile alleged or found delinquent for an offense that would be a felony if committed by an adult; or
(5)	The judge modifies or vacates any order or disposition under G.S. 7A-664 concerning a juvenile alleged or found delinquent for an offense that would be a felony if committed by an adult.
Notification of the school principal in person or by telephone shall be made before the beginning of the next school day.  Delivery of the written notification shall be made as soon as practicable but at least within five days of the action.  Delivery shall be made in person or by certified mail.  Notification that a petition has been filed shall describe the nature of the offense.  Notification of a dispositional order, a modified order, a vacated order, or a transfer to superior court shall describe the judge's action and any applicable disposition requirements.  As used in this subsection, the term 'offense' shall not include any offense under Chapter 20 of the General Statutes.
(b)	If the principal of the school the juvenile attends returns any notification as required by G.S. 115C-404 and if the juvenile court counselor learns that the juvenile is transferring to another school, the juvenile court counselor shall deliver the notification to the principal of the school to which the juvenile is transferring.  Delivery shall be made as soon as practicable and shall be made in person or by certified mail.
(c)	Principals shall handle any notification delivered under this section in accordance with G.S. 115C-404.
(d)	For the purpose of this section, 'school' means any public or private school in the State that is authorized under Chapter 115C of the General Statutes."
Section 7.  Article 29 of Chapter 115C of the General Statutes is amended by adding a new section to read:
"§ 115C-404.  Use of juvenile court information.
(a)	Written notifications received in accordance with G.S. 7A-675.1 are confidential records, are not public records as defined under G.S. 132-1, and shall not be made part of the student's official record under G.S. 115C-402.  Immediately upon receipt, the principal shall maintain these documents in a safe, locked record storage that is separate from the student's other school records.  The principal shall maintain these documents until the principal receives notification that the judge dismissed the petition under G.S. 7A-637, the judge transferred jurisdiction over the student to superior court under G.S. 7A-608, or the judge granted the student's petition for expunction of the records.  At that time, the principal shall shred, burn, or otherwise destroy the documents to protect the confidentiality of this information. In no case shall the principal make a copy of these documents.
(b)	Documents received under this section may be used only to protect the safety of the student or others and to improve the educational opportunities in the school.  Upon receipt of each document, the principal shall share the document with those individuals who have (i) direct guidance, teaching, or supervisory responsibility for the student, and (ii) a specific need to know in order to protect the safety of the student or others.  Those individuals shall indicate in writing that they have read the document and that they agree to maintain its confidentiality.  Failure to maintain the confidentiality of these documents as required by this section is grounds for dismissal of an employee who is not a career employee and is grounds for dismissal of an employee who is a career employee, in accordance with G.S. 115C-325(e)(1)i.
(c)	If the student graduates, withdraws from school, is suspended for the remainder of the school year, is expelled, or transfers to another school, the principal shall return the documents to the juvenile court counselor and, if applicable, shall provide the counselor with the name and address of the school to which the student is transferring."
Section 8.  G.S. 15A-505 reads as rewritten:
"§ 15A-505.  Notification of parent and school.
(a)	A law-enforcement officer who charges a minor with a criminal offense shall notify the minor's parent or guardian of the charge, as soon as practicable, in person or by telephone.  If the minor is taken into custody, the law enforcement officer or the officer's immediate superior shall notify a parent or guardian in writing that the minor is in custody within 24 hours of the minor's arrest.  If the parent or guardian of the minor cannot be found, then the officer or the officer's immediate superior shall notify the minor's next-of-kin of the minor's arrest as soon as practicable.
(b)	The notification provided for by subsection (a) of this section shall not be required if:
(1)	The minor is emancipated;
(2)	The minor is not taken into custody and has been charged with a motor vehicle moving violation for which three or fewer points are assessed under G.S. 20-16(c), except an offense involving impaired driving, as defined in G.S. 20-4.01(24a); or
(3)	The minor has been charged with a motor vehicle offense that is not a moving violation.
(c)	A law enforcement officer who charges a person with a criminal offense that is a felony, except for a criminal offense under Chapter 20 of the General Statutes, shall notify the principal of any school the person attends of the charge as soon as practicable but at least within five days. The notification may be made in person or by telephone.  If the person is taken into custody, the law enforcement officer or the officer's immediate supervisor shall notify the principal of any school the person attends. This notification shall be in writing and shall be made within five days of the person's arrest.  As used in this subsection, the term 'school' means any public or private school in the State that is authorized under Chapter 115C of the General Statutes."

LOCAL PLANS TO MAINTAIN, IMPROVE, OR RESTORE ORDER AND DISCIPLINE WITHIN SCHOOLS
Section 9. G.S. 115C-12 is amended by adding a new subdivision to read:
"(25)	Duty to Provide Technical Assistance on School Safety Plans. – The State Board of Education shall provide technical assistance to local school administrative units on developing, implementing, and evaluating local plans to maintain, improve, or restore order and discipline within their schools."

TRAINING FOR SCHOOL PERSONNEL ON MAINTAINING SAFE AND ORDERLY SCHOOLS
Section 10.  The Board of Governors of The University of North Carolina shall develop a plan for ensuring that school administrator and teacher preparation and continuing education programs provide their students with the training and experience  they need to maintain and restore safety and order in schools.
The Board of Governors shall report on the plan, prior to February 15, 1998, to the Joint Legislative Education Oversight Committee.

MODIFICATION OF SCHOOL FACILITY GUIDELINES IN ORDER TO IMPROVE SCHOOL CLIMATE
Section 11.  The State Board of Education shall review and consider modifications to its school facility guidelines in light of research on the relationship between (i) school design components, especially school size,  and (ii) school climate and order.
The State Board shall also develop recommendations to local boards of education on modifications to the design or organization of existing schools that would improve school climate and order.
The State Board of Education shall report to the Joint Legislative Education Oversight Committee prior to February 15, 1998, on actions taken to implement the provisions of this section.

MAKE REPORTS OF VIOLENT ACTS IN SCHOOLS MORE ACCURATE AND CONSISTENT THROUGHOUT THE STATE
Section 12. Prior to August 15, 1997, the State Board of Education shall review and modify, if necessary, its policies and procedures on data kept and reports made on acts of violence in school and on students suspended or expelled from school, to ensure that data and reports are accurate and consistent on a statewide basis.  The State Board shall report to the Joint Legislative Education Oversight Committee prior to March 15, 1998, on the impact of its efforts to attain accurate and consistent reports.

MULTIAGENCY TASK FORCE TO ASSIST AT-RISK STUDENTS AT THE COMMUNITY LEVEL  
Section 13.  (a) There is created the At-Risk Students Task Force under the State Board of Education.  The Task Force shall consist of the Chair of the State Board of Education, the Superintendent of Public Instruction, the Secretary of Human Resources, the State Health Director, and the Director of the Administrative Office of the Courts.  Each officer may designate one representative from that officer's department or office to represent that officer on the Task Force.  These officers also may appoint additional members who represent other State and local public agencies to the Task Force.  The Chair of the State Board of Education, or the Chair's designee, shall serve as the Chair of the Task Force.  The Department of Public Instruction and the Department of Human Resources shall provide staff and clerical support to the Task Force.  The State Board of Education shall fund the Task Force within funds available to it.
(b)	The Task Force shall develop a plan to develop interagency agreements between local school administrative units and other local public agencies, including, among others, health departments, departments of social services, mental health agencies, and courts, in order to provide cooperative services to students who are at risk of school failure, at risk of participation in juvenile crime, or both.
(c)	The Task Force shall report its plan, along with any suggested statutory revisions, to the Joint Legislative Education Oversight Committee by October 15, 1997, at which time the Task Force shall terminate.

EXPANSION OF THE S.O.S. PROGRAM
Section 14. (a)	There is appropriated from the General Fund to the Department of Human Resources the sum of one million dollars ($1,000,000) for the 1997-98 fiscal year and the sum of one million dollars ($1,000,000) for the 1998-99 fiscal year to expand the S.O.S. Program.
(b)	G.S. 143B-152.5 reads as rewritten:
"§ 143B-152.5.  Grants review and selection.
(a)	The Department shall develop and disseminate a request for applications and establish procedures to be followed in developing and submitting applications to establish local S.O.S. programs and administering grants to establish local S.O.S. programs.  This information shall include examples of the design and types of S.O.S. programs that evaluations have shown are likely to be successful in improving the academic performance of the participants or in reducing disruptive or illegal behavior.
(b)	The Secretary of Human Resources shall appoint a State task force to assist the Secretary in reviewing grant applications.  The State task force shall include representatives of the Department of Human Resources, the Department of Public Instruction, local school administrative units, educators, parents, the juvenile justice system, social services, and governmental agencies providing services to children, and other members the Secretary considers appropriate.  In appointing the State task force, the Secretary shall consult with the Superintendent of Public Instruction in an effort to coordinate the membership of this State task force, the State task force appointed by the Secretary pursuant to G.S. 143B-152.14, and the State task force appointed by the Superintendent pursuant to G.S. 115C-238.42.
In reviewing grant applications, the Secretary and the State task force may consider (i)	the severity of the local problems as determined by the needs assessment data, (ii) the likelihood that the locally designed plan will result in high quality after-school services for school-aged children, (iii) evidence of local collaboration and coordination of services, (iv) any innovative or experimental aspects of the plan that will make it a useful model for replication in other neighborhoods and communities, (v) evidence that similarly designed programs have been efficient and effective in improving the academic performance of the participants or in reducing disruptive or illegal behavior, and (vi) any other factors which affect the well-being of school-aged children.
(c)	In determining the amount of funds an applicant receives, the Secretary and the State task force may consider (i) the number of children to be served, (ii) the number and percentage of children to be served who participate in the subsidized lunch program, (iii) the number and percentage of school-aged children with two working parents or one single parent to be served, (iv) the availability of other resources or funds, and (v) the amount needed to implement the proposal.
(d)	The Secretary shall award the grants."
(c) G.S. 143B-152.7(a) reads as rewritten:
"(a)	The Department of Human Resources shall develop and implement an evaluation system that will assess the efficiency and effectiveness of the S.O.S. Program.  The Department shall design this system to:
(1)	Provide information to the Department and to the General Assembly on how to improve and refine the programs;
(1a)	Develop information for dissemination to potential grant applicants on the design of programs that experience has shown are likely to be successful;
(2)	Enable the Department and the General Assembly to assess the overall quality, efficiency, and impact of the existing programs;
(3)	Enable the Department and the General Assembly to determine whether to modify the S.O.S. Program; and
(4)	Provide a detailed fiscal analysis of how State funds for these programs were used."

TESTING AND REMEDIATION IN ALTERNATIVE SCHOOLS
Section 15.  G.S. 115C-12(24) reads as rewritten:
"(24)	Duty to Develop Guidelines for Alternative Learning Programs, Provide Technical Assistance on Implementation of Programs, and Evaluate Programs. – The State Board of Education shall adopt guidelines for assigning students to alternative learning programs. These guidelines shall include (i) a description of the programs and services that are recommended to be provided in alternative learning programs and (ii) a process for ensuring that an assignment is appropriate for the student and that the student's parents are involved in the decision.
The State Board of Education shall provide technical support to local school administrative units to assist them in developing and implementing plans for alternative learning programs.
The State Board of Education shall recommend to local boards of education ways to measure the academic achievement of students while they are in the alternative learning programs or in remedial learning programs.
The State Board shall evaluate the effectiveness of alternative learning programs and, in its discretion, of any other programs funded from the Alternative Schools/At-Risk Student allotment. Local school administrative units shall report to the State Board of Education on how funds in the Alternative Schools/At-Risk Student allotment are spent and shall otherwise cooperate with the State Board of Education in evaluating the alternative learning programs. The State Board of Education shall report annually to the Joint Legislative Education Oversight Committee, beginning in December 1996, on the results of this evaluation."

STUDY ON OPTIONS FOR STUDENTS WITH SEVERE EMOTIONAL AND BEHAVIORAL PROBLEMS
Section 16.  The State Board of Education and the Secretary of the Department of Human Resources shall appoint an advisory committee to consider the advisability of and to develop a proposal for creating regional residential schools for students with emotional and behavioral problems so severe that the public schools cannot serve them.  The advisory committee shall clearly define the population and the age limits of the population for whom such a residential school would be appropriate, estimate the number of students in that population, devise a plan for building and operating such schools, and estimate the costs and benefits of such schools.  The advisory committee shall consider whether any existing State facilities would be available and appropriate to house such a school.  The advisory committee shall report the results of its study, including its recommendation on the advisability of creating these schools, to the State Board of Education and the Secretary of the Department of Human Resources prior to January 15, 1998.  The State Board of Education and the Secretary of Human Resources shall report the results of the study to the Joint Legislative Education Oversight Committee prior to February 15, 1998.

STUDENT DISCIPLINE/NO CIVIL LIABILITY
Section 17.  (a)	G.S. 115C-391(a) reads as rewritten:
"(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.
Each local board shall publish all the policies mandated by this section and make them available to each student and his parent or guardian at the beginning of each school year.
	(a1)  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; 
(4)	For the protection of persons or property; or
(5)	To maintain order on school property, in the classroom, or at a school-related activity on or off school property."
(b)	G.S. 115C-391 is amended by adding the following new subsection to read:
"( h)	Notwithstanding any other law, no officer or employee of the State Board of Education or of a local board of education shall be civilly liable for using reasonable force, including corporal punishment, in conformity with State law, State or local rules, or State or local policies regarding the control, discipline, suspension, and expulsion of students.  Furthermore, the burden of proof is on the claimant to show that the amount of force used was not reasonable."

CAPTIONS ARE FOR REFERENCE ONLY AND DO NOT LIMIT TEXT
Section 18.  The series of captions used in this act (the descriptive phrases in boldface and capital letters) are inserted for convenience and reference only, and they in no way define, limit, or prescribe the scope or application of the text of this act.

EFFECTIVE DATE
Section 19.  This act is effective when it becomes law.