A BILL TO BE ENTITLED
AN ACT TO require local school systems to identify individuals associated with alleged school incidents upon request of an injured party.
The General Assembly of North Carolina enacts:
SECTION 1.  Article 5 of Chapter 115C of the General Statutes is amended by adding a new section to read:
"§ 115C‑44.5. Requests for information related to alleged school incidents.
(a)	Upon receipt of a request as provided in subsection (b) of this section, the local board of education shall provide the following information to the requestor:
(1)	The name and last known address of all school personnel who have personal knowledge of the alleged school incident.
(2)	The name and last known address of the direct supervisor of each of the school personnel identified under subdivision (1) of this section.
(3)	The name and last known address of all known witnesses of the alleged school incident, other than students for whom records are maintained under G.S. 115C‑402.
(b)	The request for information shall comply with all of the following:
(1)	Be in writing.
(2)	Be signed by the requestor. 
(3)	A description of the alleged school incident, including at least the following:
a.	The date.
b.	The location.
c.	The names of any persons present known to the requestor.
d.	A brief statement of the facts known to the requestor.
(4)	Be delivered to the superintendent by certified mail, return receipt requested, within three years of the date of the alleged school incident.
(c)	The local board of education shall respond to a request properly made under this section within 30 days of receipt. The local board of education shall have the right to, upon written notification to the requestor, extend the time to respond an additional 30 days.
(d)	No request or response under this section shall be admissible at the trial of any civil action arising out of an alleged school incident or constitute an admission of liability on behalf of a local board of education, or any of its employees or agents.
(e)	A local board of education is not relieved of its obligation to respond to a request properly made under this section by the filing of a motion to dismiss in a civil action arising out of the alleged school incident. A motion to dismiss in that civil action may not be heard until the local board of education has responded as required by this section.
(f)	For purposes of this section, the following terms shall mean:
(1)	Alleged school incident. –  An occurrence in which a party is injured or sustains property damage while on school property, while participating in a school event, or as the result of an alleged action or series of alleged actions on the part of the local board of education or any of its agents or employees.	
(2)	Injured party. – The party who is injured or who sustains property damage.
(3)	Response. – The written document containing the information described in subdivisions (1), (2), and (3) of subsection (a) of this section.
(4)	Requestor. – The injured party, or the injured party's parent, legal guardian, or legal representative.
(5)	School property. – Property owned, leased, or controlled by the local board of education.
(6)	School event. – An educational or sporting event occurring off school property which is organized, supervised, or under the direction of the local board of education or any of its agents or employees."
SECTION 2.  G.S. 115C‑321(a) is amended by adding a new subdivision to read:
"(5)	A requestor may seek and obtain information regarding the names of employees, other than students, who were witnesses to, involved in, or have supervisory authority over those involved in an alleged school incident by the local board of education or its agents or employees, as provided in G.S. 115C‑44.5."
SECTION 3.  This act becomes effective January 1, 2009.