Bill Summary for H 736 (2011-2012)

Summary date: 

Apr 21 2011
S.L. 2011-282

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 736 (Public) Filed Wednesday, April 6, 2011
TO REORGANIZE THE GENERAL STATUTES RELATING TO SCHOOL DISCIPLINE; PREVENT LITIGATION BY ADDING DEFINITIONS TO AND CLARIFYING AMBIGUITIES IN THE CURRENT LAW; CODIFY EXISTING CASE LAW; AND INCREASE LOCAL CONTROL AND FLEXIBILITY REGARDING DISCIPLINE.
Intro. by Langdon, Luebke, Daughtry, Lucas.

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Bill summary

House committee substitute makes the following changes to 1st edition. Provides that alternative education services include programs established by the local board of education (Board) in conformity with its policies (was, regulations). Provides that if the offense triggering the long-term suspension takes place before the final quarter of the school year, the suspension shall be (was, may be) no longer than the remainder of the school year in which the offense was committed. Replaces the term powerful explosive with destructive device. Defines destructive device as meaning an explosive, incendiary, or poison gas bomb, grenade, rocket having a propellant charge of more than four ounces, missile with an explosive or incendiary charge of more than one-quarter ounce, mine, or a device similar to any of the listed devices (was, defined powerful explosive as any bomb, grenade, mine, dynamite cartridge, or other similar device with significant explosive or incendiary capacity). Clarifies that Board policies shall not (was, may not) impose mandatory long-term suspensions or expulsions for specific violations unless otherwise provided in state or federal law. Deletes provision requiring that notice be provided to a parent and an opportunity to participate in the informal hearing regarding a short-term suspension if the student is unable to understand the hearing. Provides that a student is not entitled to appeal the principal’s decision to impose a short-term suspension to the superintendent or Board and the principal’s decision is not subject to judicial review. Amends GS 115C-12(27) to revert to March 15 as the annual reporting date for the State Board of Education to submit specified data to the Joint Legislative Education Oversight Committee (the first edition dropped the specific date and only required that the State Board report annually). Deletes requirement that the State Board also submit its report to the Commission on Improving the Academic Achievement or Minority and At-Risk Students. Makes additional technical corrections, and organizational changes.

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