STANDARDS OF STUDENT CONDUCT. (NEW)

View NCGA Bill Details2019-2020 Session
Senate Bill 295 (Public) Filed Tuesday, March 19, 2019
AN ACT TO MAKE VARIOUS CHANGES TO LOCAL STANDARDS OF STUDENT CONDUCT AND TO REQUIRE THE DEPARTMENT OF PUBLIC INSTRUCTION TO DEVELOP A PLAN OF EMPLOYMENT FOR TEACHERS WITH THE NORTH CAROLINA VIRTUAL PUBLIC SCHOOL AND REPORT TO THE JOINT LEGISLATIVE EDUCATION OVERSIGHT COMMITTEE.
Intro. by Tillman.

Status: Re-ref Com On Education/Higher Education (Senate action) (Aug 13 2019)

SOG comments (2):

Long title change

House committee substitute to the 1st edition changed the long title. Original long title was AN ACT TO ALLOW EVIDENCE OF NORTH CAROLINA HIGH SCHOOL GRADUATION FOR STUDENTS TO REBUT THE PRESUMPTION THAT THE STUDENT'S RESIDENCE IS THE PARENT'S RESIDENCE FOR ESTABLISHING RESIDENCY FOR IN-STATE TUITION FOR NORTH CAROLINA COMMUNITY COLLEGES AND UNIVERSITIES.

Long title change

House committee substitute to the 2nd edition changed the long title. Previous long title was AN ACT TO MAKE VARIOUS CHANGES TO LOCAL STANDARDS OF STUDENT CONDUCT.

Bill History:

S 295

Bill Summaries:

  • Summary date: Aug 7 2019 - More information

    House amendment #4 makes the following changes to the 3rd edition, as amended. 

    Amends the proposed changes to GS 115C-390.2(f), to maintain the examples set forth of conduct that would not be deemed serious violations, including the use of inappropriate or disrespectful language, noncompliance with a staff directive, dress code violations, and minor physical altercations that do not involve weapons or injury (previously, the examples were removed from the provision). Also modifies proposed GS 115C-390.2(m) to qualify that neither the statute nor the Chapter regulates public school units' discretion concerning personal appearance codes, except as provided in subsection (f).


  • Summary date: Aug 6 2019 - More information

    House amendments make the following changes to the 3rd edition. 

    Amendment #1 

    Adds that the proposed changes to GS 115C-390.2(a), which require local boards of education to consult with teachers, school-based administrators, parents, and local law enforcement agencies in adopting, and review current federal guidance prior to adopting, their student conduct and disciplinary policies, apply to material changes to policies existing on July 1, 2020, or new policies adopted on or after July 1, 2020.

    Specifies that the Department of Public Instruction (DPI) must report to the Joint Legislative Education Oversight Committee by October 15, 2019, on its plan for contracting and payment of instructors to be implemented for all instructors contracted beginning with the 2020 spring semester (previously, did not specify a committee).

    Amendment #2

    Postpones the sunset of the exemption provided for NC Virtual Public School (NCVPS) instructors from the 12-month maximum limit for temporary appointments. Now sunsets the exemption on June 14, 2020, rather than December 31, 2019.

    Amendment #3

    Adds the following provisions. 

    Amends GS 115C-390.1 to define public school unit board or board to mean the governing entity of a public school unit. Makes changes throughout the definitions provided under Article 27 (Discipline) to refer to a public school unit board or public school unit, rather than a local board of education or charter school, or a local school administrative unit, as appropriate. Makes conforming changes. Additionally, amends the definition set forth for the term principal to also include the staff member designated by the public school unit board with the highest decision-making authority at an individual school if there is no designated principal. Similarly, amends the definition set forth for the term superintendent to also include the staff member with the highest decision-making authority and that staff member's designee if there is no superintendent. 

    Makes conforming changes to the proposed changes to GS 115C-390.2, making the statute's student disciplinary policy requirements applicable to public school unit boards rather than local boards of education only.

    Makes changes throughout Article 27 (Discipline) to make the following statutes applicable to public school unit boards rather than local boards of education only: GS 115C-390.3 (concerning reasonable force), GS 115C-390.4 (concerning corporal punishment), GS 115C-390.6 (concerning short-term suspension procedures), GS 115C-390.8 (concerning long-term suspension procedures), GS 115C-390.9 (concerning alternative education services), GS 115C-390.10 (concerning 365-day suspension for gun possession), GS 115C-390.11 (concerning expulsion), GS 115C-390.12 (concerning requests for readmission), and GS 115C-391.1 (concerning permissible use of seclusion and restraint). 

    Additionally, further amends GS 115C-390.3 to require public school unit boards to adopt policies pursuant to legislatively granted authority to provide guidelines for an employee's response if the employee has personal knowledge or actual notice of an altercation between students (previously, limited to the board's authority under specified state law). Further amends GS 115C-391.1 to refer to education preparation programs rather than institutions of teacher education concerning the statute's construction. 


  • Summary date: Aug 5 2019 - More information

    House committee substitute makes the following changes to the 2nd edition.

    Modifies the proposed changes to GS 115C-390.2, concerning student disciplinary policies, to more specifically require local boards of education to review current federal guidance on school discipline practices issued by the US Department of Education prior to adopting student conduct and discipline policies pursuant to the statute (previously, only referred to US Department of Education guidance generally). Also specifies that the policies, administrative procedures, or school rules that each local board must publish and make available to each student and parent must include the full range of responses to violations of disciplinary rules, including responses that do not remove a student from the classroom or school building.

    Adds the following provisions.

    Exempts NC Virtual Public School (NCVPS) instructors from the 12-month maximum limit for temporary appointments. Sunsets the exemption on December 31, 2019. Directs the Department of Public Instruction (DPI) to develop a plan for contracting and payment of instructors to be implemented for all instructors contracted beginning with the 2020 spring semester. Requires consultation with the State Board of Education (State Board) and compliance with laws governing NCVPS. Directs DPI to report on the plan by October 15, 2019.

    Makes conforming changes to the act's long title.


  • Summary date: Jul 30 2019 - More information

    House committee substitute deletes the provisions of the 1st edition and now provides the following.

    Amends GS 115C-390.2, regarding student conduct policies and procedures. Requires local boards of education to consult with teachers, school-based administrators, parents, and local law enforcement agencies when adopting the required policies to govern student conduct and disciplinary procedures for school officials to follow in disciplining students. Now requires local boards to review current federal guidance issued by the US Department of Education prior to adopting the policies. Establishes a new requirement for local boards to annually provide the Department of Public Instruction (DPI) with a copy of its current student discipline policies by September 1 of each year. No longer provides examples of conduct that would not be deemed serious violations (previously, examples included the use of inappropriate or disrespectful language, noncompliance with a staff directive, dress code violations, and minor physical altercations that do not involve weapons or injury). Authorizes local boards to require students and parents or guardians to sign an acknowledgment that they have received a copy of the board's required policies, administrative procedures, or school rules. Now requires school officials to inform the student's parent or guardian before using the range of responses encouraged to violations of disciplinary rules that do not remove the student from the classroom or school building. Clarifies that the statute and the Chapter do not regulate a local board's ability to devise, impose, and enforce personal appearance codes.

    Applies beginning with the 2020-21 school year.

    Makes conforming changes to the act's titles.


  • Summary date: Mar 19 2019 - More information

    Amend GS 116-143.1 as the title indicates. 


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