Title: H1460 [Edition 3]
Category: Introduced Bill 2003

General Assembly of North Carolina	Session 2003

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2003
H	3
HOUSE BILL 1460
Committee Substitute Favorable 6/29/04
Third Edition Engrossed 7/1/04

Short Title:	Intervention Plans for Suspended Students. | (Public)
Sponsors: |
Referred to: |
May 17, 2004

A BILL TO BE ENTITLED
AN ACT to implement the recommendation of the house interim committee on providing an appropriate education for students on long‑term suspension to require schools to develop and implement intervention plans for students who are suspended from school.
The General Assembly of North Carolina enacts:
SECTION 1.  Chapter 115C of the General Statutes is amended by adding the following new Article to read:
"Article 27B.
"Intervention Plans for Suspended Students.
"§ 115C‑397.10.  Definitions.
For the purpose of this Article, the term "suspended student" means a student who meets at least one of the following criteria:
(1)	The student receives a suspension of more than 10 school days.
(2)	The student receives multiple suspensions of individual terms of 10 or fewer school days but that total more than 10 school days during one school year.
"§ 115C‑397.11.  Intervention plans for suspended students.
Local school administrative units shall develop an intervention plan for any suspended student. This plan may be part of any other plan, such as an Individualized Education Program, that is required to be developed for a particular student. The plan shall include, at a minimum, all of the following:
(1)	High educational expectations for the suspended student.
(2)	Strategies to address the underlying reasons for the student's conduct that led to the suspension.
(3)	A focus on the suspended student's particular educational needs, especially reading, where appropriate.
(4)	A list of community‑based or school‑based educational services that may be made available to the student during any suspension of at least 10 days.
(5)	A plan for how the suspended student may be able to make up schoolwork missed.
(6)	An accountability component.
Parents or guardians, or students if emancipated, shall be notified of and included in the development and implementation of a plan developed under this section.
"§ 115C‑397.12.  Exceptions; promotion and course credit.
Nothing in this Article shall require a local school administrative unit to promote or to provide course credit to a suspended student who does not otherwise meet the federal, State, local, or individual teacher criteria for promotion or course credit."
SECTION 2.  G.S. 115C‑402 reads as rewritten:
"§ 115C‑402.  Student records; maintenance; contents; confidentiality.
(a)	The official record of each student enrolled in North Carolina public schools shall be permanently maintained in the files of the appropriate school after the student graduates, or should have graduated, from high school unless the local board determines that such files may be filed in the central office or other location designated by the local board for that purpose.
(b)	The official record shall contain, as a minimum, adequate identification data including date of birth, attendance data, grading and promotion data, and such other factual information as may be deemed appropriate by the local board of education having jurisdiction over the school wherein the record is maintained. Each student's official record also shall include notice of any suspension for a period of more than 10 days or of any expulsion under G.S. 115C‑391, the conduct for which the student was suspended or expelled, and an intervention plan developed under Article 27B of this Chapter. The superintendent or the superintendent's designee shall expunge from the record the notice of suspension or expulsion and an intervention plan if the following criteria are met:
(1)	One of the following persons makes a request for expungement:
a.	The student's parent, legal guardian, or custodian.
b.	The student, if the student is at least 16 years old or is emancipated.
(2)	The student either graduates from high school or is not expelled or suspended again during the two‑year period commencing on the date of the student's return to school after the expulsion or suspension.
(3)	The superintendent or the superintendent's designee determines that the maintenance of the record is no longer needed to maintain safe and orderly schools.
(4)	The superintendent or the superintendent's designee determines that the maintenance of the record is no longer needed to adequately serve the child.
(c)	Notwithstanding subdivision (b)(1) of this section, a superintendent or the superintendent's designee may expunge from a student's official record any notice of suspension or expulsion and an intervention plan provided all other criteria under subsection (b) are met.
(d)	Each local board's policy on student records shall include information on the procedure for expungement under subsection (b) of this section.
(e)	The official record of each student is not a public record as the term "public record" is defined by G.S. 132‑1. The official record shall not be subject to inspection and examination as authorized by G.S. 132‑6.
(f)	The actual address and telephone number of a student who is a participant in the Address Confidentiality Program established pursuant to Chapter 15C of the General Statutes or a student with a parent who is a participant in the Address Confidentiality Program established pursuant to Chapter 15C of the General Statutes shall be kept confidential from the public and shall not be disclosed except as provided in Chapter 15C of the General Statutes."
SECTION 3.  This act is effective when it becomes law and is applicable beginning with the 2005‑2006 school year.

Page 		House Bill 1460-Third Edition

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