Public School Law

§ 115C-105.47. Local safe school plans.

(a) Each local board of education shall develop a local school administrative unit safe school plan designed to provide that every school in the local school administrative unit is safe, secure, and orderly, that there is a climate of respect in every school, and that appropriate personal conduct is a priority for all students and all public school personnel. The board shall include parents, the school community, representatives of the community, and others in the development or review of this plan. The plan may be developed by or in conjunction with other committees.

(b) Each plan shall include each of the following components:

(1) Clear statements of the standard of behavior expected of students at different grade levels and of school personnel and clear statements of the consequences that will result from one or more violations of those standards.

There shall be a statement of consequences for students under the age of 13 who physically assault and seriously injure a teacher or other individual on school property or at a school-sponsored or school-related activity. The consequences may include placement in an alternative setting.

The expected Student behaviors at different grade levels are outlined within each of the class handbooks (attached) Consequences for all students are outlined in the policy handbook and copied below.

It is the priority of the ______ School to provide the entire school community with a safe, orderly and caring learning environment that is free from any form of harassment, bullying or discrimination. All acts of harassment, bullying or discrimination will be considered serious offenses and will follow the _____ Guidelines for discipline.

All persons, agencies, vendors, contractors and other persons and organizations doing business with or performing services for the school must comply with all applicable federal and state slaw and regulations regarding nondiscrimination. Visitors also are expected to comply with applicable laws, including the prohibition against harassment and bullying of students or harassment of employees.

This policy will apply in the following circumstances:

The _____ Board of Directors prohibits reprisal or retaliation against any _____ community member who reports an act of discrimination, harassment or bullying.

Teasing, bullying slurs, innuendos, derogatory remarks, jokes, demeaning comments, mimicking, name calling, graffiti, gestures, physical contact, stalking, displaying or circulation written materials and pictures (including clothing) hostile treatment, violence, or other verbal or physical conduct against a student or employee reflecting on his or her race, color, national origin, gender, disability, age relation, physical characteristics or any other designated and protected category, WILL NOT BE TOLERATED.

Although allowed by North Carolina state law, ____School does not practice or use corporal punishment.  Discipline is based on individual responsibility and mutual respect. The ____ School is dedicated to establishing and maintaining an environment that is conducive to learning. Behavior that threatens the positive learning, physical safety or emotional security of students will not be endured. The following is a list of such behaviors:

Depending on the severity and/or frequency of the offense, the school may implement, but is not limited to the following steps:

The following are viewed as unacceptable ways of maintaining behavioral objectives:

  (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. Local boards of education shall include a reasonable

dress code for  students in these policies.

  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

subsection and make them available to each student and his

parent or guardian at the beginning of each school year.

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) The principal of a school, or his delegate, shall have

authority to suspend for a period of 10 days or less any student

who willfully violates policies of conduct established by the

local board of education: Provided, that a student suspended

pursuant to this subsection shall be provided an opportunity to

take any quarterly, semester or grading period examinations

missed during the suspension period.

  (c) The principal of a school, with the prior approval of the

superintendent, shall have the authority to suspend for periods

of times in excess of 10 school days but not exceeding the time

remaining in the school year, any pupil who willfully violates

the policies of conduct established by the local board of

education. The pupil or his parents may appeal the decision of

the principal to the local board of education.

  (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.

  (d1)A local board of education or superintendent shall

suspend for 365 calendar days any student who:

       (1)  Brings onto educational property or to a

            school-sponsored curricular or extracurricular

            activity off educational property, or

       (2)  Possesses on educational property or at a

            school-sponsored curricular or extracurricular

            activity off educational property,

a weapon, as defined in G.S. 14-269.2(b), 14-269.2(b1),

14-269.2(g), and 14-269.2(h). The local board of education upon

recommendation by the superintendent may modify this suspension

requirement on a case-by-case basis that includes, but is not

limited to, the procedures established for the discipline of

students with disabilities and may also provide, or contract for

the provision of, educational services to any student suspended

pursuant to this subsection in an alternative school setting or

in another setting that provides educational and other services.

  (d2)     (1)  The superintendent shall, upon recommendation

            of the principal, remove to an alternative

            educational setting, as provided in subdivision (4)

            of this subsection, any student who is at least 13

            and who physically assaults and seriously injures a

            teacher or other school personnel. If no

            appropriate alternative educational setting is

            available, then the superintendent shall, upon

            recommendation of the principal, suspend for no

            less than 300 days but no more than 365 days any

            student who is at least 13 and who physically

            assaults and seriously injures a teacher or other

            school personnel.

       (2)  The superintendent may, upon recommendation of the

            principal, remove to an alternative educational

            setting any student who is at least 13 and who does

            one of the following:

            a.   Physically assaults a teacher or other adult

                 who is not a student.

            b.   Physically assaults another student if the

                 assault is witnessed by school personnel.

            c.   Physically assaults and seriously injures

                 another student.

               If no appropriate alternative educational setting

            is available, then the superintendent may, upon

            recommendation of the principal, suspend this

            student for up to 365 days.

       (3)  For purposes of this subsection, the conduct

            leading to suspension or removal to an alternative

            educational setting must occur on school property

            or at a school-sponsored or school-related activity

            on or off school property. This subsection shall

            not apply when the student who is subject to

            suspension or removal was acting in self-defense.

            If a teacher is assaulted or injured and as a

            result a student is suspended or removed to an

            alternative educational setting under this

            subsection, then the student shall not be returned

            to that teacher's classroom unless the teacher

            consents. If a student is suspended under this

            subsection, the board may assign the student to an

            alternative educational setting upon the expiration

            of the period of suspension.

       (4)  If the superintendent removes the student to an

            alternative educational setting, as provided in

            subdivision (1) of this subsection, and the conduct

            leading to the removal occurred on or before the

            ninetieth school day, the board shall remove the

            student to that setting for the remainder of the

            current school year and the first 90 school days in

            the following school year. If the superintendent

            chooses to remove the student to an alternative

            educational setting, as provided in subdivision (1)

            of this subsection, and the conduct leading to the

            removal occurred after the ninetieth school day,

            the board shall remove the student to that setting

            for the remainder of the current school year and

            for the entire subsequent school year.

            Notwithstanding these requirements, the

            superintendent may authorize a shorter or longer

            length of time a student must remain in an

            alternative educational setting if the

            superintendent finds this would be more appropriate

            based upon the recommendations of the principals of

            the alternative school and the school to which the

            student will return.

  (d3)A local board of education or superintendent shall

suspend for 365 calendar days any student who, by any means of

communication to any person or group of persons, makes a report,

knowing or having reason to know the report is false, that there

is located on educational property or at a school-sponsored

curricular or extracurricular activity off educational property

any device designed to destroy or damage property by explosion,

blasting, or burning, or who, with intent to perpetrate a hoax,

conceals, places, or displays any device, machine, instrument,

or artifact on educational property or at a school-sponsored

curricular or extracurricular activity off educational property,

so as to cause any person reasonably to believe the same to be a

bomb or other device capable of causing injury to persons or

property. The local board upon recommendation by the

superintendent may modify either suspension requirement on a

case-by-case basis that includes, but is not limited to, the

procedures established for the discipline of students with

disabilities and may also provide, or contract for the provision

of, educational services to any student suspended under this

subsection in an alternative school setting or in another

setting that provides educational and other services. For

purposes of this subsection and subsection (d1) of this section,

the term "educational property" has the same definition as in

G.S. 14-269.2(a)(1).

  (d4)A local board of education or superintendent may suspend

for up to 365 days any student who:

       (1)  By any means of communication to any person or

            group of persons, makes a report, knowing or having

            reason to know the report is false, that there is

            located on educational property or at a

            school-sponsored curricular or extracurricular

            activity off educational property any device,

            substance, or material designed to cause harmful or

            life-threatening illness or injury to another

            person;

       (2)  With intent to perpetrate a hoax, conceals, places,

            disseminates, or displays on educational property

            or at a school-sponsored curricular or

            extracurricular activity off educational property

            any device, machine, instrument, artifact, letter,

            package, material, or substance, so as to cause any

           person reasonably to believe the same to be a

            substance or material capable of causing harmful or

            life-threatening illness or injury to another

            person;

       (3)  Threatens to commit on educational property or at a

            school-sponsored curricular or extracurricular

            activity off educational property an act of terror

            that is likely to cause serious injury or death,

            when that threat is intended to cause a significant

            disruption to the instructional day or a

            school-sponsored activity or causes that

            disruption;

       (4)  Makes a report, knowing or having reason to know

            the report is false, that there is about to occur

            or is occurring on educational property or at a

            school-sponsored curricular or extracurricular

            activity off educational property an act of terror

            that is likely to cause serious injury or death,

            when that report is intended to cause a significant

            disruption to the instructional day or a

            school-sponsored activity or causes that

            disruption; or

       (5)  Conspires to commit any of the acts described in

            this subsection.

  (d5)When a student is expelled or suspended for more than 10

days, the local board shall give notice to the student's parent

or guardian of the student's rights under this section. If

English is the second language of the parent or guardian, the

notice shall be written in the parent or guardian's first

language when the appropriate foreign language resources are

readily available and in English, and both versions shall be in

plain language and shall be easily understandable.

  (e) A decision of a superintendent under subsection (c),

(d1), (d2), (d3), or (d4) of this section may be appealed to the

local board of education. A decision of the local board upon

this appeal or of the local board under subsection (d) or (d1)

of this section 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.

  (f) Local boards of education shall ensure they have clear

policies governing the conduct of students. At a minimum, these

policies shall state the consequences of violent or assaultive

behavior, possessions of weapons, and criminal acts committed on

school property or at school-sponsored functions. These policies

shall provide that when notice is given to students or parents

of a suspension of more than 10 days or expulsion, this notice

shall identify what information will be included in the

student's official record and the procedure for expungement of

this information under G.S. 115C-402. The State Board shall

develop guidelines to assist local boards in this process.

  (g) Notwithstanding the provisions of this section, the

policies and procedures for the discipline of students with

disabilities shall be consistent with federal laws and

regulations.

  (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. (1955, c. 1372, art. 17, s. 5;

1959, c. 573, s. 12; 1963, c. 1223, s. 5; 1965, c. 584, s. 14;

1971, c. 1158; 1979, c. 874, s. 1; 1981, c. 423, s. 1; 1987, c.

572, ss. 1, 2; c. 827, s. 52; 1989, c. 585, s. 7; 1993, c. 509,

s. 4; 1995, c. 293, ss. 1, 2; c. 386, s. 1; 1995 (Reg. Sess.,

1996), c. 716, s. 21; 1997-443, s. 8.29(q)(1); 1998-220, ss.

7-9; 1999-257, ss. 6-8; 1999-387, ss. 1-3; 2001-195, s. 2;

2001-244, s. 1; 2001-363, s. 2(c); 2001-487, s. 75; 2001-500,

Expulsion: Expulsion is the permanent removal of a student from a school system. In North Carolina Public schools expulsion is restricted to students 14 years of age or older.

Suspension: _____School will maintain the right (as does _____ County LEA) to suspend a student from the school setting because of a willful violation of school rules, willful conduct which materially and substantially disrupts the rights of other to an education, or willful conduct which endangers the student, other students, or the property of the school is affirmed, provided that such action is taken with due regard to the welfare of both the individual and the school. School attendance may be temporarily denied to individuals by the administrative act of suspension, but the Board of Directors can approve a suspension for more that ten days, only through specific action. _____ School understands that the right to attend school is a civil right, fully recognized in the courts. It is not an absolute right, however, but is one that an individual possesses until the exercise of this right becomes damaging to the rights of others. The right of one person to attend school must not place in serious jeopardy the opportunity of others to profit from school.

The Director of the _____ School shall have authority to suspend for a period of ten school days or less any student who willfully violates the policies of conduct established by the Board of Directors. The procedure shall be as follows: Upon witnessing or being made aware of any student conduct that may merit suspension from school not to exceed ten school days, the Director shall conduct such inquiry as she/he deems appropriate in determining the factual basis of the matter.

Before suspending a student for ten school days or less, the Director must:

The procedure is referred to in this policy as the "hearing"

Following the hearing, the Director shall decide whether to suspend the student for a period of time not exceeding ten days and will so notify the student.

Where the Director deems it appropriate, she/he may notify a parent of the child of the situation and may invite the parent to participate in the hearing. Neither the student nor his/her parents have any right of counsel at the hearing.

Written notice of suspension shall be given to the student’s parents or sent by first class mail.

The Director may impose a suspension of ten days or less and then commence the process for a suspension exceeding ten days in cases that merit such action.

Any student suspended for a period of ten school days or less shall be provided an opportunity to take any grading period examinations missed during the suspension period. Students are expected to make up instructional time missed from suspension. Times to make up work are scheduled for Saturdays or after regular school hours. Parents are expected to make every possible effort to cooperate with the school in this effort to provide students with instructional time needed for academic success.

Most incidences of willful misconduct will result in the following sequence of actions: (Serious offenses will likely result in "skipping steps" in the normal sequence.) 

First Offense: Probation, in-school consequence, and letter of disciplinary action sent home to be signed and returned by the parent.

Second Offense: Suspension for the remainder of the day.

Third Offense: Suspension for remainder of the day and one full day.

Fourth Offense: Suspension for remainder of the day and three full days.

Fifth Offense: Suspension for remainder of the day and five full days 

Sixth Offense: Suspension for remainder of the day and 10 full days.

 Seventh Offense: Suspension for the remainder of the day, and 10 full days. During that time the case will be brought to the executive Board of Directors of Tiller School to schedule a hearing for the consideration of long-term suspension.

When a student is suspended during the school day, the Director shall attempt to reach the student’s parents to inform them of the school’s action and request that they come to the school or make arrangements for the student to leave the school. If the parents are available to receive the student but cannot make arrangements, the school shall provide transportation for the student. If the Director cannot reach the parents, then unless circumstances make it unacceptable to the Director, the student shall remain on school property until the close of the school day.

Notwithstanding the above requirement that a suspended student be released only to a parent, the Director may order students to leave the school premises immediately if the continued presence of the student poses a threat to the safety and well being of any other person on the school grounds, or poses a threat to the security of school property, or poses a threat to the maintenance or order within the school.

Any pupil who willfully violates the policies of conduct established by the ______School is subject to suspension exceeding ten days according to the following procedure: The Director, upon learning of conduct which may subject a student to suspension exceeding ten days, shall initially decide whether she/he will individually hold a hearing on the matter or whether she/he will constitute a review panel to participate in a hearing and make an advisory recommendation to him/her.

A student whose conduct may subject him to suspension in excess of ten school days shall be given written notice that shall include the following:

This notice shall be delivered personally to the student if he/she is present on campus or mailed to him/her by first class mail. A copy of the notice shall be sent to the student’s parents by first class mail at the parent’s last known mailing address.

At the Director’s election, he/she alone may conduct the hearing, or may conduct the hearing with the assistance of an advisory review panel. However, if the Director is personally involved in bringing the charges, he/she shall convene an advisory review panel.

The hearing shall be conducted as follows:

Should the Director seek the advice of a review panel, he/she shall appoint members of any of the following groups to sit on the panel:

The panel shall consist of at least three members but should not exceed seven members. There is no quorum requirement for the review panel. Constitution of hearing panel will be in the sole discretion of the Director; however, the Director should not knowingly select a teacher involved in the charges to sit on the panel.

Any student that is suspended in excess of ten school days by the Director with the approval of the board may appeal the decision to the Grievance Committee.

(2) A clear statement of the responsibility of the superintendent for coordinating the adoption and the implementation of the plan, evaluating principals' performance regarding school safety, monitoring and evaluating the implementation of safety plans at the school level, and coordinating with local law enforcement and court officials appropriate aspects of implementation of the plan. The statement of responsibility shall provide appropriate disciplinary consequences that may occur if the superintendent fails to carry out these responsibilities. These consequences may include a reprimand in the superintendent's personnel file or withholding of the superintendent's salary, or both.

The Administrative Director of _____ School shall be responsible for coordinating the adoption and implementation of the Safe Schools Plan. The administrative director shall monitor and evaluate the implementation of the safety plan at the school level and coordinate with local law enforcement and court officials as appropriate. If it is found that the administrative director fails to carry out these responsibilities, corrective actions shall be taken and a letter of reprimand shall be placed in the administrator’s file.

(4) Clear statements of the roles of other administrators, teachers, and other school personnel in restoring, if necessary, and maintaining a safe, secure, and orderly school environment.

See: Rights and Responsibilities of director and teachers in information packet

Of Students:

Student assessments and evaluation serve the primary function of tracking a student’s progress and shaping instruction to ensure further progress. These are important tools to guide decision-making in order to provide meaningful and appropriate education. Parents are given numerous opportunities for conferences. Daily communication between parent and school via the student’s homework folders is also a component of assessment and evaluation.

(6) Mechanisms for assessing the needs of disruptive and disorderly students and students who are at risk of academic failure, and providing them with services to assist them in achieving academically and in modifying their behavior, and removing them from the classroom when necessary.

(From the Policy Handbook) DIAGNOSTIC TESTING: On occasion the staff of the school sees a need for a student to be assessed by professionals outside the school. This may occur when teachers observe behaviors that raise questions about the presence of a developmental delay, learning difference or other special need. The purpose of such assessment is to provide teachers and parents with the information needed to better meet that student's learning needs.

(7) Measurable objectives for improving school safety and order.

Each month the school director shall report incidents involving student safety and order to the board of directors. The Board of Directors shall review the actions taken and if it is deemed that any changes in school policy need to take place the board will make the needed changes. If it is deemed that school procedure is ineffective, the board will ask that the director (with input from teachers) review, analyze and revise the current procedure to improve safety and order.

(8) Measures of the effectiveness of efforts to assist students at risk of academic failure or of engaging in disorderly or disruptive behavior. The measures shall include an analysis of the effectiveness of procedures adopted under G.S. 115C-105.48 for students referred to alternative schools and alternative learning programs.

The director shall be responsible for review and analysis of individual student behavior contracts and plans. The director will meet with the responsible teacher to review or revise plans as needed. If a child has been referred for diagnostic testing by a professional, the director (or her designee) the child’s regular classroom teacher, an exceptional children’s specialist and the parent shall review the testing results and be a part of the team which will determine the appropriate plan for the child.

(9) Professional development clearly matched to the goals and objectives of the plan.

Annual professional development during the teacher workdays at the beginning of school will be attended by teachers to be made aware of the goals and objectives of the safe schools plan. If a teacher is hired at a different time, or is unable to attend the before school session, he or she will have individual professional development with the director regarding the safe school plan.

(10) A plan to work effectively with local law enforcement officials and court officials to ensure that schools are safe and laws are enforced.

The school director will speak annually or as needed with local law enforcement officials to maintain an open line of communication and insure that the school is safe and laws are being enforced. When appropriate, law enforcement and fire safety officials will be invited to the school to speak to the students about safe behaviors.

(11) A plan to provide access to information to the school community, parents, and representatives of the local community on the ongoing implementation of the local plan, monitoring of the local plan, and the integration of educational and other services for students into the total school program.

Information regarding school safety will be published and distributed annually to parents and students and board members through the policy handbook.

(12) The name and role description of the person responsible for implementation of the plan.

__________, Administrative Director

(13) Direction to school improvement teams within the local school administrative unit to consider the special conditions at their schools and to incorporate into their school improvement plans the appropriate components of the local plan for:

a. maintaining safe and orderly schools; and

b. addressing the needs of students who are at risk of academic failure or who are disruptive or both.

(13a) A clear statement of the services that will be provided to students who are assigned to an alternative school or an alternative learning program.

As a Charter public school of choice, _______ school does not maintain an alternative school nor does it assign students to an alternative school. If a student requires homebound instruction due to being suspended or as designated in an individualized education plan, ______ School provides homebound instruction as needed and required.

(14) A clear and detailed statement of the planned use of federal, State, and local funds allocated for at-risk students and alternative schools and alternative learning programs.

General operating funds will be used to pay teachers $20.00 per hour and teaching assistants $15.00 per hour for after school tutoring of students at risk of academic failure. General operating funds will also be used to pay for salaries of teachers conducting the summer school program for students at risk of academic failure. Federal funds designated for use with students with disabilities will be used for students with IEPs who are at risk of academic failure. These funds will be expended for salaries and equipment needed for meeting the specific needs of these students.

(15) Any other information the local board considers necessary or appropriate to implement this Article.

A local board may develop its plan under this section by conducting a comprehensive review of its existing policies, plans, statements, and procedures to determine whether they: (i) are effective; (ii) have been updated to address recent changes in the law; (iii) meet the current needs of each school in the local school administrative unit; and (iv) address the components required to be included in the local plan. The board then may consolidate and supplement any previously developed policies, plans, statements, and procedures that the board determines are effective and updated, meet the current needs of each school, and meet the requirements of this subsection.

Once developed, the board shall submit the local plan to the State Board of Education and shall ensure the plan is available and accessible to parents and the school community. The board shall provide annually to the State Board information that demonstrates how the At-Risk Student Services/Alternative Schools Funding allotment has been used to (i) prevent academic failure or and (ii) promote school safety.

(c) A local board may amend the plan as often as it considers necessary or appropriate.