A BILL TO BE ENTITLED
AN ACT to implement the recommendations of the house interim committee on providing an appropriate education for students on long‑term suspension to encourage the identification and development of a continuum of community solutions to meet the educational needs of students who are suspended for more than ten school days, and to require every local school administrative unit to offer an alternative setting to students who are suspended for more than ten school days.
The General Assembly of North Carolina enacts:
SECTION 1.  Chapter 143B of the General Statutes is amended by adding a new section to read:
"§ 143B‑549.1.  Community solutions to meet the needs of students who are suspended from school for more than ten school days.
Each County Council shall assess the needs of juveniles who are suspended from school for more than 10 school days, identify community solutions for meeting their educational needs, and evaluate the adequacy of resources available to meet those needs. As part of this effort, the County Council shall identify a continuum of available and appropriate services, programs, and settings that can be offered to these juveniles and shall identify funding streams to provide those services, programs, and settings. The Council may examine the benefits of joint program development to meet the educational needs of these juveniles. The joint program may be developed between counties within the same judicial district or within a county among its agencies, local school administrative units, charter schools, and private organizations. The Council shall report its findings and any recommendations under this section to the local school administrative unit located within the county. The initial report shall be no later than December 30, 2004. The Council shall review and update this report every five years."
SECTION 2.  G.S. 115C‑47 is amended by adding the following new subdivision to read:
"§ 115C‑47.   Powers and duties generally.
In addition to the powers and duties designated in G.S. 115C‑36, local boards of education shall have the power or duty:
…
(44)	To Establish a Continuum of Educational Services for Students Who are Suspended for More than 10 School Days. – Each local board of education is encouraged to direct school administrators, teachers, students, and parents to meet with community stakeholders in order to reach community solutions for meeting the needs of students who are suspended for more than 10 days. In particular, the board shall direct the superintendent or the superintendent's designee to attend regularly scheduled meetings of the Juvenile Crime Prevention Council established under G.S. 143B‑544 and to participate in the work of the Council under G.S. 143B‑549.1. Based on the findings and recommendations of the Council under G.S. 143B‑549.1, the board shall adopt a policy that establishes a continuum of available and appropriate settings that can be offered to a student when the student is suspended for more than 10 school days. The alternative settings may be in a school within that local school administrative unit, in a school within another local school administrative unit, in a charter school, or in an outside setting. The outside settings may be under the control of a State agency, local agency, or private organization."
SECTION 3.  G.S. 115C‑391 is amended by adding the following new subsection to read:
"(i)	Notwithstanding any other provision of law, at the time a student is suspended for more than 10 school days, the student shall be offered the opportunity to spend the days in an appropriate alternative setting as identified by the local board of education under G.S. 115C‑47(44)."
SECTION 4.  Section 3 of this act becomes effective July 1, 2005, and applies to schools beginning with the 2005‑2006 school year. The remainder of this act is effective when it becomes law.