Running Head: COMPENDIUM NOTEBOOK

Compendium Notebook School Law: State of North Carolina LaTasha Cromwell University of New England

School Law-EDU 702

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Compendium Notebook School Law: State of North Carolina

Module 1, Legal Framework of Education 1. Education laws in North Carolina are developed and enacted through the North Carolina General Assembly Chapter 115C: Elementary and Secondary Education http://www.ncga.state.nc.us/gascripts/statutes/StatutesTOC.pl?Chapter=0115C based on the North Carolina State Constitution (can be read in full at http://www.ncga.state.nc.us/legislation/constitution/ncconstitution.html Chapter 115C of Elementary and Secondary Education professes: Article 1. Provides Definitions and Preliminary Provisions in regards to general and uniform system of free public schools, administrative procedure, access to information and public records and open meetings law. Article 2. State Board of education. -- Discusses the appointment of the Board, Organization and internal procedures of Board, and the powers and duties of Board in regards to financial power. Article 3. Department of Public Instruction. -- Discusses the election of Superintendent of Public Instruction and states that as provided in Article IX, Sec. 4(2) of the North Carolina Constitution, the Superintendent of Public Instruction shall be the secretary and chief administrative officer of the State Board of Education. Article 4. Office of the Controller. -- Repealed by Session Laws 1987 (Regular Session, 1988), c. 1025, s. 2.) Article 5. Local Boards of Education. -- The county board of education in each county shall consist of five members elected by the voters of the county. Boards are responsible for control and supervision of all matters pertaining to the public schools in their respective administrative units. Article 6. Advisory Councils. -- school administrative unit. The purpose and function of an advisory council shall be to serve in an advisory capacity to the board on matters affecting the school or schools for which it is appointed. The organization, terms, composition and regulations for the operation of such advisory council shall be determined by the board Article 6A. State Assistance and Intervention in Low Performing School Units --Repealed by Session Laws 1995 (Regular Session, 1996), c. 716, s. 4.

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Article 6B. Dropout Prevention Grants. -- The governor appoints 5 members to serve on the dropout prevention comity. The committee is responsible for the establishment of determining what school systems and agencies receive dropout grant funding up to a maximum of $175,000. Article 7. Organization of Schools. -- State is divided up into 8 districts, City school administrative units may be consolidated and merged with contiguous city school administrative units and with county school administrative units upon approval by the State Board of Education. There shall be three different kinds of districts: nontax district, local tax district and administrative district. Article 8. General Education--Discusses the course of study and materials needed to provide an adequate basic education such as textbooks and technology. It also elaborates on numerous education programs offered throughout the state in regards to drug and alcohol and state funding . Article 9. Children with Chemical Dependency--The General Assembly of North Carolina hereby declares that the policy of the State is to ensure that an appropriate education is provided for drug and alcohol addicted children. Article 9B. Academically or Intellectually Gifted Students.--The General Assembly believes the public schools should challenge all students to aim for academic excellence and that academically or intellectually gifted students perform or show the potential to perform at substantially high levels of accomplishment when compared with others of their age, experience, or environment. Therefore the board is help responsible to carry out this amendment and has created local plans to do so. Article 10. Vocational and Technical Education. It is the intent of the General Assembly that vocational and technical education be an integral part of the educational process. The State Board of Education shall administer through local boards of education a comprehensive program of vocational and technical education that shall be available to all students, with priority given to students in grades eight through 12, who desire it in the public secondary schools and middle schools of this State. Article 10A.Testing.--The testing programs in this Article have three purposes: (i) to assure that all high school graduates possess those minimum skills and that knowledge thought necessary to function as a member of society; (ii) to provide a means of identifying strengths and weaknesses in the education process in order to improve instructional delivery; and (iii) to establish additional means for making the education system at the State, local, and school levels accountable to the public for results. Article 11. High School Competency Testing. --Repealed by Session Laws 1985 Article 12. Statewide Testing Program.--Repealed by Session Laws 1985

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Article 13. Community Schools Act.--The purpose of this Article is to encourage greater community involvement in the public schools and greater community use of public school facilities. To this end it is declared to be the policy of this State: (1) To provide for increased involvement by citizens in their local schools through community schools advisory councils.(2) To assure maximum use of public school facilities by the citizens of each community in this State. It is further declared to be the policy of this State that, to the extent sufficient funds are made available, each local board of education shall comply with the provisions of this Article. (1977, c. 682; 1981, c. 423, s. 1.) Article13A. State Advisory Council on Indian Education. --The Council consists of 15 members, as followed: Two legislative members, Two Indian members from higher education to be appointed by the Board of Governors of the University system; One Indian member from the North Carolina Commission on Indian Affairs to be appointed by that Commission; Eight Indian parents of students enrolled in public schools and two Indian educators from public elementary/secondary schools to be appointed by the State Board of Education. The councils duties are to assure that Native American students are receiving effective and adequate educations. Article 14. Driver Education.--There shall be organized and administered under the general supervision of the Superintendent of Public Instruction a program of driver training and safety education in the public schools of this State, said courses to be noncredit courses taught by instructors who meet the requirements established by the State Board of Education. Instructors shall not be required to hold teacher certificates. Article 15. North Carolina School of Science and Mathematics.--Repealed by Session Laws 1985, c. 757, s. 206(a). Article 16. Optional Programs.--Local boards of education are authorized to sponsor or conduct educational research and special projects such as summer school, adult education programs, educational research and Charter Schools. Article 17. Supporting Services.-- Each local board of education is hereby authorized to acquire, own, lease, contract and operate school buses for the transportation of pupils enrolled in the public schools. Public transportation rules and regulations, Purchase and maintenance of school buses, materials and supplies and school bus/automobile insurance guidelines are all outlined in this article. Article 18. Superintendents. --It is the policy of the State that each local board of education has the sole discretion to elect a superintendent of schools based on specified work experience and qualifications for a term of 4 years. Superintended must reside in the county in which they are employed and followed strict duty guidelines, take oath of office and their salaries are regulated by the state pay scale.

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Article 19. Principals and Supervisors.-- Article discussed Method of selection and requirements as well methods of employment. Such as principals and supervisors shall be elected by the local boards of education upon the recommendation of the superintendent, education qualifications and must have passed the exam adopted by the State Board. The article also discusses the powers and duties of the principal. Article 20. Teachers. --All teachers employed in the public schools of the State or in schools receiving public funds, shall be required either to hold or be qualified to hold a certificate in compliance with the provision of the law or in accordance with the regulations of the State Board of Education: Provided, that nothing herein shall prevent the employment of temporary personnel under such rules as the State Board of Education may prescribe: Provided further, that no person shall be employed to teach who is under 18 years of age. Article 21. Other Employees. --Article discussed the hiring of janitors and school personnel, and their benefits in terms of salaries and vacation, penalties for making false reports and Liability insurance for non-teaching public school personnel such as school social workers who transport many children. Article 21A. Privacy of Employee Personnel Records. --Employee personnel files are not subject to inspection; however, certain records are open to inspection such as Name, Age, Date of original employment or appointment, disciplinary actions and contract terms. Article 22. General Regulations. -- The article discusses any person initially employed in a public school or reemployed in a public school after an absence of more than one school year shall provide to the superintendent a certificate certifying that the person does not have any physical or mental disease, including tuberculosis in the communicable form or other communicable disease, that would impair the person's ability to perform his or her duties effectively. The article also discusses Payment of Wages after Death of Employee and Principal and Teacher Employment Contracts. Article 23.Employment Benefits.--All public school employees shall be permitted a minimum of five days per school term of sick leave, pursuant to rules and regulations promulgated by the State Board of Education. Employees may take parental leave, are granted worker compensation for injuries obtained at work, salaries for employees injured during an episode of violence, health insurance and retirement plans. Article 24. Interstate Agreement on Qualifications of Educational Personnel. --It is the purpose of this agreement to provide for the development and execution of such programs of cooperation as will facilitate the movement of teachers and other professional educational personnel among the states party to it, and to authorize specific interstate educational personnel contracts to achieve that end. Article 24A.Certified Personnel Evaluation Pilot Program.--Repealed by Session Laws 1989, c. 500, s. 12.

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Article 24 B. Career Development Pilot Program.--Repealed by Session Laws 1991 Article 24C.Teacher Enhancement Program--There is established the North Carolina Teaching Fellows Commission. This Commission shall exercise its powers and functions independently of the State Board of Education and the Department of Public Instruction. The Public School Forum of North Carolina, Inc., shall provide staff and office space to the Commission. Staff to the Commission are not State employees. Article 24D.Lead Teacher Pilot Program.--Repealed by Session Laws 1991 (Regular Session, 1992), c. 900, s. 75.1(k). Article 25. Admission and Assignment of Students.-- A child who is presented for enrollment at any time during the first 120 days of a school year is entitled to initial entry into the public schools based on the articles requirements. Article 25A.Special Medical Needs of Students.--It is within the scope of duty of teachers, including substitute teachers, teacher assistants, student teachers, or any other public school employee when authorized by the board of education or its designee to provide some medical care to students. Student possession and self-administration of asthma medication by students with asthma or students subject to anaphylactic reactions, or both is allowed based upon written documentation. Article 26. Attendance. --Children are required to attend school. Therefore this article discusses the methods to enforce attendance policies as well as penalties and solutions for truancy. Article 27. Discipline. --School personnel may use reasonable force in exercise of lawful authority to restrain or correct pupils and maintain order. Corporal punishment, shall not be administered in a classroom with other students present and should never be used on students with special needs. Students may also be suspended, or expulsion based on guidelines that govern the discipline of pupils. Article 27 A. Management and Placement of Disruptive Students. --If, after a teacher has requested assistance from the principal two or more times due to a student's disruptive behavior, the teacher finds that the student's disruptive behavior continues to interfere with the academic achievement of that student or other students in the class, then the teacher may refer the matter to a school-based committee; who will be responsible for resolving the issue. Article 28. Student Liability. --The article addresses student damage to school buildings, furnishings, textbooks as well as trespass on or damage to school bus.

Article 29. Protective Provisions and Maintenance of Student Records.-- Any person who has cause to suspect child abuse or neglect has a duty to report the case of the child to the Director of Social Services of the county, as provided in Article 3 of Chapter 7B of the General Statutes.

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Therefore, school counseling inadmissible evidence is given, however, it is unlawful for a person who enters into a contract with a local board of education or its designee to sell any personally identifiable information that is obtained from a student as a result of the person's performance. Article 29A. Policy Prohibiting Use of Tobacco Products.-- This policy shall further prohibit the use of all tobacco products by persons attending a school-sponsored event at a location not listed in this subsection when in the presence of students or school personnel or in an area where smoking is otherwise prohibited by law. Article 29B. Interstate Compact on Educational Opportunity for Military Children.--The Interstate Compact on Educational Opportunity for Military Children purpose is to remove barriers to educational success imposed on children of military families because of frequent moves and deployment of their parents. Article 29C. School Violence Prevention.--Schools shall develop and implement methods and strategies for promoting school environments that are free of bullying or harassing behavior. No student or school employee shall be subjected to bullying or harassing behavior by school employees or students. Article 30. Financial Powers of the State Board of Education.--It is the policy of the State of North Carolina to create a public school system that produces graduates who are good citizens, possess the skills demanded in the marketplace, and the skills necessary to cope with contemporary society, using State, local and other funds in the most cost-effective manner. Article 31.Civil Penalty and Forfeiture Fund.--There is created the Civil Penalty and Forfeiture Fund. The Fund shall consist of the clear proceeds of all civil penalties, civil forfeitures, and civil fines that are collected by a State agency and that the General Assembly is authorized to place in a State fund pursuant to Article IX, Section 7(b) of the Constitution. Article 32. State Literary Fund.--The State Literary Fund includes all funds derived from the sources enumerated in Sec. 6, Article IX, of the Constitution, and all funds that may be hereafter so derived, together with any interest that may accrue thereon. This Fund shall be separate and distinct from other funds of the State. Article 32A.Scholarship Loan Fund for Prospective Teachers.--Recodified as G.S. 116-209.33 by Session Laws 2005-276, s. 9.17(b), effective January 1, 2006, and applicable to scholarship loans awarded on or after that date. Article 32B. Computer Loan Revolving Fund.--Repealed by Session Laws 2009-451, s. 7.36(a), effective July 1, 2009. Article 32 C. Fund for the Reduction of Class Size in Public Schools.--There is an established Fund for the Reduction of Class Size in Public Schools under the control and direction of the State Board of Education for the reduction of class size in public schools. Therefore, The State

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Board of Education shall allocate funds in the Fund for the Reduction of Class Size in Public Schools to local school administrative units to reduce class size in public schools. Article 33. Assumption of School District Indebtedness by Counties.--The county board of education, with the approval of the board of commissioners, may include in the debt service fund in the school budget all outstanding indebtedness for school purposes of every city, town, school district, school taxing district, township, city administrative unit or other political subdivision in the county, hereinafter collectively called "local districts," lawfully incurred in erecting and equipping school buildings necessary for the school term. Article 34. Refunding and Funding Bonds of School Districts.--The board of commissioners of the county in which any such school district is located is hereby authorized to issue bonds at one time or from time to time for the purpose of refunding or funding the principal or interest of any bonds of such school district then outstanding. Article 34A. Critical School Facility Needs Fund.--Repealed by Session Laws 1995 (Reg. Sess., 1996), c. 631, s. 14, effective 30 days after the last school administrative unit on the priority list established in 1988 by the Commission on School Facility Needs is funded. Article 34 B. Qualified Zone Academy Bonds and Qualified School Construction Bonds. --The article discusses qualified zone academy bonds and qualified school construction bonds; findings and administration; consultation; issuance of bonds. Article 35. Voluntary Endowment Fund for Public Schools.--Any local board of education is hereby authorized and empowered upon the passage of a resolution to create and establish a permanent endowment fund which shall be financed by gifts, donations, bequests or other forms of voluntary contributions. Article 35 A. College Scholarships.--The articles discusses eligibility requirements for a scholarship, scholarship amounts; amounts dependent on net income available and Scholarship administration; reporting requirements. Article 36.Voted Tax Supplements for School Purposes.--It shall be the duty of superintendents to furnish tax listers at tax listing time the boundaries of each taxing district. This articles discusses that elections must be held prior to the admission of a new tax or rise in current taxes. Article 37. School Sites and Property.--Local boards of education may acquire suitable sites for schoolhouses or other school facilities either within or without the local school administrative unit. All deeds to school property shall, after registration, be delivered to the superintendent of the local school administrative unit in which the property is located and he shall provide a safe place for preserving all such deeds.

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Article 38.State Insurance of Public School Property. The State Board shall have the duty to manage and operate a system of insurance for public school property. It is the duty of every local school administrative unit in the public school system of North Carolina to safeguard the investment made in public schools. Article 38 A. Public School Building Capital Fund--The Public School Building Capital Fund was created to assist county governments in meeting their public school building capital needs and their equipment needs under their local school technology plans. Article 39. Nonpublic Schools--Private Church Schools and Schools of Religious Charter Guidelines and regulations in regards to attendance, healthy and safety regulations, and participation in voluntary state programs. Standardized testing and competency test requirements are also outlined. Home school requirements are also discussed in this article. Article 40.Proprietary Schools.--Recodified as 115D-87 through 115D-97 by Session Laws 1987, c. 442, s. 2. 2. The North Carolina Department of Public Instruction regulates Elementary and Secondary Education Systems in NC; their central office is located in Raleigh, NC. Information can be found at http://www.ncpublicschools.org/ June St. Clair Atkinson is the current Superintendent of Public Instruction and has been since 2005. The North Carolina Superintendent of Public Instruction is the elected head of the North Carolina Department of Public Instruction and oversees the public school systems of the state. You can access the Superintendent of Public Instructions website including a description of his responsibilities at http://www.ncpublicschools.org/statesuperintendent/ . This includes links to her biography and other pertinent information regarding her policies, speeches, and advisories. 3. The North Carolina State Court structure begins with the North Carolina State Constitution http://www.nccourts.org/ specifically with Article X of the Judicial Power. The North Carolinas court system, called the General Court of Justice, is a unified statewide and state-operated system consisting of three divisions: the Appellate Division (comprised of the Supreme Court and the Court of Appeals), the Superior Court Division, and the District Court Division. Trial Courts or District Courts are divided into four categories: civil, criminal, juvenile, and magistrate. Superior Court and District Courts sit in the county seat of every county, and may also be present in additional cities and towns distinctively sanctioned by the General Assembly. The Supreme Court of North Carolina is the state's highest court. Decisions made by the Supreme Court of North Carolina receive no further appeal in the state. This court has a chief justice and six associate justices who sit together as a panel in Raleigh. The Supreme Court does not have a jury and does not assess determination of facts; it only considers error in legal procedures or in judicial interpretation of the law.

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Module 2, Church-State Relations 1. North Carolina General Assembly Law, General Statues 115C-47. Powers and duties generally: Addresses most religious issues in schools. Subsequently, the following article applies: (a) G.S. 115C-47: To Authorize the Observance of a Moment of Silence. To afford students and teachers a moment of quiet reflection at the beginning of each day in the public schools, to create a boundary between school time and non-school time, and to set a tone of decorum in the classroom that will be conducive to discipline and learning, each local board of education may adopt a policy to authorize the observance of a moment of silence at the commencement of the first class of each day in all grades in the public schools. Such a policy shall provide that the teacher in charge of the room in which each class is held may announce that a period of silence not to exceed one minute in duration shall be observed and that during that period silence shall be maintained and no one may engage in any other activities. Such period of silence shall be totally and completely unstructured and free of guidance or influence of any kind from any sources.http://www.ncga.state.nc.us/enactedlegislation/statutes/html/bysection/chapter_1 15c/gs_115c-47.html North Carolina has the following School Choice programs: taxcredit scholarships (the only private school choice program, charter school law, and public virtual schooling, however the state does not allow open enrollment (intra-district and inter-district public school choice). Laws & Regulations Governing Private Schools 2. In North Carolina, tax credits and vouchers are school choice options. The North Carolina Constitution does not contain a Blaine Amendment or a Compelled Support Clause; state cases look to federal Establishment Clause precedent. In Zelman v. Simmons-Harris, the U.S. Supreme Court upheld school choice programs under the federal Constitution. Voucher program funding should clearly be obtained from sources excluding the states public school fund to evade any probable problems with Article IX, sections 6 and 7 of the North Carolina Constitution. http://www.edchoice.org/School-Choice/State/NC.aspx 3. During 2003, Syidah Mateen, a Muslim in Greensboro NC, was refused permission to take an oath on a Qur'an as a witness in a domestic violence protection order hearing. North Carolina laws state that a witness may swear either on the "Holy Scriptures" or can affirm to tell the truth while holding their hand in a raised upright position. To a Muslim, the Qur'an would be considered or is the Holy Scripture, but two Guilford Country court judges determined that "Holy Scriptures" meant the Hebrew and Christian Scriptures referred to as the Holy Bible. The judges afterward refused to accept a gift of Qur'ans from a Greensboro Islamic Center. The state Administrative Office of the Courts declined to interfere. The American Civil Liberties Union of North Carolina subsequently brought a lawsuit requesting that the law imply that any Holy Scriptures be acceptable. According to the News-Record: "During a brief hearing in Wake County Superior Court on Monday, Assistant Attorney General Grady L. Balentine Jr. didn't argue that the plaintiffs lacked the right to sue. Instead, he argued solely that state oath-taking law is constitutional because it allows people to affirm

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if they don't wish to swear on the Christian Bible. 'No one is required to do that, he told Superior Court Judge Donald L. Smith. 'That's our only position in this case." http://www.religioustolerance.org/sep_c_s2.htm 4. The school board in Brunswick County, North Carolina, has voted to invite the Gideons into public schools to distribute free Bibles. While supporters view this action as necessary to adhere to the freedom of Christians, critics indicate that it's immoral to give Christianity special support and privileges. The school board will have to allow any requesting group this courtesy in order to justify their actions as being legal. http://atheism.about.com/b/2006/04/12/north-carolina-school-invitesgideons-free-bibles.htm Module 3, Tort Liability: 1. According to the website, http://www.ncae.org/Images/Users/18/Corporal%20Punishment%20Law.pdf Corporal punishment is legal in North Carolina in accordance to general statute 115C-391. Corporal punishment, suspension, or expulsion of pupils. (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:

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(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 or her 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. When a student is suspended under this subsection for a period of 10 days or less, the principal, or his or her delegate, shall give notice to the student's parent or guardian of the student's suspension and the student's rights under this subsection. The notice shall be given by telephone, telefax, e-mail, or any other method reasonably designed to achieve actual notice to the period of limitations set forth in 9-1-25, hereby be liable in all actions of tort in the same manner as a private individual or corporation; provided, however, that any recovery in any such action shall not exceed the monetary limitations thereof set forth in this chapter. 1. North Carolina uses the contributory negligence doctrine when evaluating negligence in a tort. http://en.wikipedia.org/wiki/Comparative_negligence 2. The North Carolina General Statutes 115C-332 School personnel states: (g) There shall be no liability for negligence on the part of a local board of education, or its employees, or the State Board of Education, or its employees, arising from any act taken or omission by any of them in carrying out the provisions of this section. The immunity established by this subsection shall not extend to gross negligence, wanton conduct, or intentional wrongdoing that would otherwise be actionable. The immunity established by this subsection shall be deemed to have been waived to the extent of indemnification by insurance, indemnification under Articles 31A and 31B of Chapter 143 of the General Statutes, and to the extent sovereign immunity is waived under the Tort Claims Act, as set forth in Chapter 31 of Chapter 143 of the General Statutes. http://law.onecle.com/northcarolina/115c-elementary-and-secondary-education/115c-332.html 1. North Carolina General Statutes 115C-400 School personnel to report child abuse states: Any person who has cause to suspect child abuse or neglect has a duty to report the case of the child to the Director of Social Services of the county, as provided in Article 3 of Chapter 7B of the General Statutes. (1981, c. 423, s. 1; 1998-202, s. 13(bb).) http://law.onecle.com/north-carolina/115celementary-and-secondary-education/115c-400.html 2. Any person or institution with cause to suspect that a child under the age of 18 is abused, neglected or dependent must make a report to the county department of social services. A report is

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also required when a person or institution has cause to suspect that a child under the age of 18 has died as a result of maltreatment. G.S. 7B-301. A North Carolina statute defines the terms abused juvenile, neglected juvenile, and dependent juvenile. http://whb.ncpublichealth.com/provPart/docs/matHealthVideoConf/ncreportinglawsfeb2011moore.pdf Module 4, Student Classification 1. Leandro vs. State of North Carolina, commonly referred to as "The Leandro Case," was a law suit filed in 1994 on behalf of students and parents from five low wealth North Carolina counties. These citizens argued that equal education was not being provided to all students due to the uneven amounts of funding being provided to various counties. They argued that they were unable to raise sufficient funds and that they were not being afforded the equal funding that the State Constitution had guaranteed. The case made it to the North Carolina Supreme Court in 1999 and was heard by Judge Howard Manning Jr. In due course, Manning determine that the State had not been providing a "sound, basic education" to the students in the low income based counties, which is a guaranteed right to each student in the state according to the State Constitution. Although equal quality of education is assured, equal funding is not encompassed according to the Constitution and the court's ruling. http://wikis.lib.ncsu.edu/index.php/Leandro_vs._State_of_North_Carolina 2. The North Carolina state statues that provide guidelines for working with ESL children, illegal immigrants, gifted children, disabled children, homeless children, gender or any other designated group are discussed within the states public instruction websites listed accordingly: ESL Children: http://www.ncpublicschools.org/curriculum/esl/ and http://www.ncpublicschools.org/federalprograms/titleIII/ Illegal immigrants: http://www.ncpublicschools.org/docs/mep/resources/recruitment/id-recruitmentmanual.pdf or http://www.ncpublicschools.org/search/?cx=014621006333439265252%3Asipd4jlcy9i&cof=FORID %3A11&ie=UTF-8&q=undocumented+students&x=0&y=0#1651 Gifted Children: http://www.ncpublicschools.org/docs/academicservices/gifted/aig-programstandards.pdf and the following website http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_115C/Article_9B.p df which displays NC General Assembly statues in regards to Gifted Students. Homeless students: http://www.ncpublicschools.org/program-monitoring/homeless/ Congress reauthorized in January of 2002 the McKinney-Vento Homeless Assistance Act, Subtitle VII-B, originally passed in 1987 to help people experiencing homelessness.. This federal law includes the Education of Homeless Children and Youth Program that entitles children who are homeless to a free, appropriate public education and requires schools to remove barriers to their enrollment, attendance, and success in school. This Act protects all students who do not have a fixed, regular and adequate residence, such as students living in the following situations: doubled-up housing with other

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families or friends due to hardship; runaway/homeless youth shelters (even if parents invite the youth home); hotels or motels; shelters, including domestic violence shelters; transitional housing shelters; cars, abandoned buildings parks, the streets or other public spaces; campgrounds or inadequate trailer homes awaiting foster care placement; and/or abandoned in a hospital. Disabled Children: North Carolina General Statues Article 9-Education of Students with Disabilities http://law.onecle.com/north-carolina/115c-elementary-and-secondary-education/index.html . The goal of the State is to provide appropriate educational opportunity to all children with disabilities who reside in North Carolina. The purposes of this part are: (a) To ensure that all children with disabilities, ages three through 21, have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepares them for further education, employment, and independent living; (b) To ensure that the rights of children with disabilities and their parents are protected; (c) To assist the local educational agencies, including state operated programs and charter schools, to provide for the education of children with disabilities; and (d) To assess and ensure the effectiveness of efforts to educate children with disabilities. Further information in regards to NC HOUSE standards can be found at the follow web address: http://www.ncpublicschools.org/docs/ec/policy/2007policies.pdf By North Carolina law, public school students are protected against bullying and harassment based on perceived or real sexual orientation and gender identity and the First Amendment protects students rights to meet together as an organization and to dress as their desire. Other school issues, such as participating in the Day of Silence or the Day of Pink, are more complicated; however, students may choose to participate without fear of expulsion as long as they do not disrupt the learning process. http://www.safeschoolsnc.com/ForStudents/SchoolsIssues.aspx On July 30, 2009, North Carolina Governor Beverly Perdue signed the School Violence Prevention Act or the anti-bullying bill. This law requires K-12 public schools in the state to adopt firm, consistent policies to protect all students from bullying and harassment. Further information in regards to NC anti-bullying laws can be found at the following web address: http://www.teenfest.org/teenfestonline/index.php?option=com_content&view=article&id=116:ncschool-anti-bullying-law&catid=35:violence&Itemid=90 Article 29C of the North Carolina General Statues mentions School Violence Prevention.--No student or school employee shall be subjected to bullying or harassing behavior by school employees or students. http://www.ncga.state.nc.us/legislation/constitution/ncconstitution.html Module 5, Students Rights North Carolina General Laws speak to the rights of students in a variety of different places. For example, students (along with teachers and families) have a right to a safe school in accordance to

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North Carolina General Statues 115C-105.47 Local safe school plans. http://law.onecle.com/northcarolina/115c-elementary-and-secondary-education/115c-105.47.html 1. North Carolina General Statues 115C Article 26 discusses Attendance. --Children are required to attend school. Therefore this article discusses the methods to enforce attendance policies as well as penalties and solutions for truancy. http://law.onecle.com/north-carolina/115c-elementary-and-secondary-education/index.html (115c378,379,380,381, 382, 383 and 384) http://law.onecle.com/north-carolina/115c-elementary-and-secondary-education/115c-378.html http://law.onecle.com/north-carolina/115c-elementary-and-secondary-education/115c-379.html 2. North Carolina Home Schools: In 1979, the General Assembly passed nonpublic schools legislation which radically deregulated the operation of nonpublic schools and removed any supervisory authority from the State Board of Education. As long as a school provided certain information to an authorized state representative in the governor's office, kept attendance records, complied with health and safety requirements, and administered periodic standardized tests, legislative requirements were satisfied. As a result of the legislation, immediate attempts were begun to teach children at home. In August of 1979 the attorney general ruled that instruction of a child in his home by his parents or a tutor was not a "school" within the meaning of the Compulsory Attendance Law. The State Board of Education relied on this ruling for several years. In 1982, a federal court ruled that North Carolina was prohibited by the First Amendment of the United States Constitution from enforcing the compulsory attendance law against the Duro family in Tyrrell County whose alleged religious beliefs required them to educate their children in their home. The Duro case was reversed on appeal and the appeals court concluded that the state's interest in compulsory education was of sufficient magnitude to override the parents' religious interest. Meanwhile in the North Carolina courts, a case involving home instruction by the Delconte family in Harnett Count ultimately was appealed to the State Supreme Court. That court ruled North Carolina statutes did not prohibit home instruction as an alternate means of complying with the compulsory attendance statute. The decision stated that North Carolina could prohibit home instruction altogether or could permit home instruction and regulate it to the degree it wished, but that existing statutes had done neither. In 1988, the General Assembly enacted the current provisions that recognize home schooling as an alternative to public schools. http://www.ncpublicschools.org/stateboard/legal/homeschool 3. HIV Confidentiality: Student data in North Carolina is protected under the Family Educational Records Protection Act (FERPA). All staff involved in this project shall individually execute a FERPA confidentiality agreement supplied by North Carolina Department of Public Instruction. http://law.onecle.com/north-carolina/15c-address-confidentiality-program/index.html 4. Local boards of education shall ensure that schools provide parents and guardians with information about meningococcal meningitis and influenza and their vaccines at the beginning of every school year. This information shall include the causes, symptoms, and how meningococcal meningitis and

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influenza are spread and the places where parents and guardians may obtain additional information and vaccinations for their children. http://law.onecle.com/north-carolina/115c-elementary-and-secondary-education/115c-375.4.html 5. Student Records: 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. http://law.onecle.com/north-carolina/115c-elementary-and-secondary-education/115c-402.html Any written material containing the identifiable scores of individual students on any test taken pursuant to the provisions of North Carolina General Statues (G.S.) is not a public record within the meaning of G.S. 132-1 and shall not be made public by any person, except as permitted under the provisions of the Family Educational and Privacy Rights Act of 1974, 20 U.S.C. 1232g. http://law.onecle.com/north-carolina/115c-elementary-and-secondary-education/115c-174.13.html 6. School curriculum requirements (testing): The testing programs in North Carolina have three purposes: (i) to assure that all high school graduates possess those minimum skills and that knowledge thought necessary to function as a member of society; (ii) to provide a means of identifying strengths and weaknesses in the education process in order to improve instructional delivery; and (iii) to establish additional means for making the education system at the State, local, and school levels accountable to the public for results. http://law.onecle.com/north-carolina/115celementary-and-secondary-education/115c-174.10.html North Carolina local school boards are urged to adopt policies to promote the recitation of the Pledge. The districts are not required to do so, nor, if they do, are students required to recite. N.C. Gen. Stat. 115C-47(29)(a) (2005). http://law.onecle.com/north-carolina/115c-elementary-andsecondary-education/115c-47.html North Carolina established a Standard Course of Study in 1898 as an attempt at determining competencies/ abilities for each grade level and each high school course, with a rigorous set of academic standards/goals that is uniform across the state. http://www.ncpublicschools.org/curriculum/ Under Article 8 of the G.S. (General Education) No local board of education may charge any pupil a rental fee for the use of textbooks. A pupil's parents or legal guardians may be charged damage fees for abuse or loss of textbooks under rules adopted by the State Board of Education. http://law.onecle.com/north-carolina/115c-elementary-and-secondary-education/115c-100.html

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1. Article 27 of the North Carolina General Statues(G.S.) discusses Discipline http://law.onecle.com/north-carolina/115c-elementary-and-secondary-education/index.html ;the article addresses the following areas: a. School personnel may use reasonable force b. Corporal punishment, suspension, or expulsion of pupils c. Permissible use of seclusion and restraint

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d. Appeal of disciplinary measures

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1. Penalties for Truancy: any parent, guardian or other person violating the provisions of this Part shall be guilty of a Class 1 misdemeanor. http://law.onecle.com/north-carolina/115c-elementaryand-secondary-education/115c-380.html
ACLU-NC Legal Foundation Reaches Successful Free Speech Settlement in Lawsuit Against Wilkes County School Board on Behalf of Local Peace Activist -- On Tuesday, August 11, 2009, a successful resolution of a four-year battle between the client, peace activist Sally Ferrell, and the Wilkes County Board of Education regarding Ms. Ferrells constitutional right to free speech in the Wilkes County high schools was reached/decided upon. To read a copy of the Wilkes County lawsuit and its exhibits, click here 1. Kolwalski v. Berkeley County Sch., No. 1098 (4th Cir. Jul. 27, 2011) Abstract: A three-judge panel of the U.S. Court of Appeals for the Fourth Circuit (MD, NC, SC, VA, WV) has held that a school district, which disciplined a student for off-campus Internet activity, did not violate the students First Amendment free speech rights. The panel also rejected the students claims that her procedural due process rights were violated. http://legalclips.nsba.org/ Module 6, Teachers Substantive Rights: 1. Chapter 115C of the North Carolina General Statutes (hereinafter G.S.) governing the employment of teachers are collectively called the Teacher Tenure Act. Tenure is used to mean the set of protections that teachers and some other public school employees enjoy under the Teacher Tenure Act. It is the term that is most commonly used throughout the public school system. It distinguishes those employees from term contract employees such as assistant superintendents and at-will employees such as teacher assistants. In fact, the term tenure does not appear in the Teacher Tenure Act. The term employed by the act is career status.9 A teacher who has met the requirements for tenure is a career teacher,10 defined to mean a teacher who has obtained career status. Career status is equivalent to tenure, and a career teacher is a tenured teacher. No tenured teacher may be dismissed or demoted or employed on a part-time basis except for one or more of the fifteen stated grounds and except by the procedures set out in the act. http://sogpubs.unc.edu/electronicversions/pdfs/leps18.pdf Non-Tenured Teachers (also called Probationary Teachers) in the state of NC do not have any due process rights and can be dismissed at anytime during the school year. However, dismissal may occur only for one of the fifteen grounds set out in Chapter 115C, Section 325(e) of the North Carolina General Statutes. In terms of the Probationary Teachers contracts they must be renewed each school year. However, Non-renewal may occur for any reason the board deems sufficient, so long as the non-renewal decision is not arbitrary, capricious, discriminatory, personal, or political. http://sogpubs.unc.edu/electronicversions/pdfs/leps20.pdf

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2. House Bill 478: Nondiscrimination in State/Employment would protect North Carolina state workers from discrimination based on sexual orientation and gender identity. http://equalitync.org/leg/11/h478. 3. North Carolina Whistleblower Laws prohibit employers from discriminating, discharging, suspending, demoting or take other adverse action if employee or representative files a claim, initiates an action or testifies on worker's compensation, OHSA, and wages or hours. http://law.findlaw.com/state-laws/whistleblower-statutes/north-carolina/ 4. North Carolina state textbook guidelines are discussed within the N.C.G.S. 115C-89 The Board selects textbooks that will meet the teaching requirements of the State public schools in the instructional levels for which they are offered. http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_115C/GS_115C -89.html Zampogna v. Gaston County Schools Board of Education, 2008 WL 3992151 (W.D.N.C. 2008) Facts: Heather Zampogna, once an award-winning third-grade teacher and mentor to new teachers at Tryon Elementary School in Gaston County (N.C.) became involved with her new-teacher mentee, Douglas Doorley. Upon revealing the intimate relationship to their principal and disclosing that Zampogna was pregnant, she was transferred to a tutor position working with at-risk children in a academically poor performing school. Nothing happened to Doorley and Zampogna filed suit against the Gaston County School Board, contending that the actions of her transfer constituted sex and pregnancy discrimination in violation of Title VII. http://csl.sog.unc.edu/node/31 Module 7, Terms and Conditions of Employment: 1. North Carolina Teacher Licensure Requirements: Standard Professional 1 (SP1) Professional Educator's Licenses are intended for teachers with 0-2 years of teaching experience, and are valid for three years. To be issued a SP1 Professional Educator's License, an individual must have: Completed a state approved teacher education program from a regionally accredited college or university, or Completed another state's approved alternative route to licensure, met the federal requirements to be designated as highly qualified, and earned a bachelor's degree from a regionally accredited college.

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Standard Professional 2 (SP2) Professional Educator's Licenses are intended for teachers with 3 or more years of teaching experience, and are valid for five years. Teachers who are fully licensed and highly qualified in another state who have three or more years of teaching experience in another state AND who meet NC's Praxis testing requirements or have National Board Certification are issued the SP2 Professional Educator's license. North Carolina Administrator-Principal Licensure Requirements: Completion of an approved program in school administration at the master's level or above. Meet the required score on the School Leaders Licensure Assessment (SLLA) test administered by Educational Testing Service

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(ETS). No provisional principal's licenses are issued for service as a principal. http://www.dpi.state.nc.us/licensure/administrator/ 2. The Fourteenth Amendment to the U.S. Constitution provides that government may not deprive citizens of property without due process of law. A tenured teachers job (most precisely, the salary that goes with the job) is his or her property. In the event that the board of education dismisses or demotes a tenured teacher, the government is taking that teachers property. This action can be taken only through due process. Dismissal of a teacher must begin with the recommendation of the superintendent. The Teacher Tenure Act explicitly provides that a teacher may not be dismissed except upon the superintendents recommendation. Nonetheless, the one and only exception is dismissal by the State Board of Education under the School-Based Management and Accountability Program. http://sogpubs.unc.edu/electronicversions/pdfs/leps20.pdf 3. The No Child Left Behind Act of 2001 (NCLB) has several provisions that relate to teacher quality. As a result, states have been challenged to examine their teacher certification and evaluation processes to ensure that teachers are proficient and qualified to perform their jobs effectively. Teacher evaluation is a key instrument utilized by school districts and schools to assess performance, determine proficiency, and identify areas for development. http://secc.sedl.org/orc/rr/secc_rr_00052.pdf 4. Teachers in the United States enjoy a number of rights pertaining to their employment (i.e. recognition of certain freedoms, protection against discrimination, and significant safeguarding against dismissal from their position. State and federal constitutional provisions, state and federal statutes, and state and federal regulations have made such rights possible. Constitutional provisions provide additional protection to teachers at public schools. Constitutional rights include the following: Substantive and procedural due process rights, including the right of a teacher to receive notice of termination and a right to a HEARING in certain circumstances Freedom of expression and association provided by the First Amendment of the BILL OF RIGHTS Academic freedom, a limited concept recognized by courts based on principles of the First Amendment Protection against unreasonable searches and seizures by school officials of a teacher's PERSONAL PROPERTY provided by the Fourth Amendment http://www.enotes.com/everyday-law-encyclopedia/teachers-rights 5. North Carolina General Statutes 115C-400 School personnel to report child abuse states: Any person who has cause to suspect child abuse or neglect has a duty to report the case of the child to the Director of Social Services of the county, as provided in Article 3 of Chapter 7B of the General Statutes. (1981, c. 423, s. 1; 1998-202, s. 13(bb).) (http://law.onecle.com/north-carolina/115celementary-and-secondary-education/115c-400.html) 6. All educators in the state of North Carolina are classified as state or public employees and N.C. Statute prohibits collective (united) bargaining and strikes by all public employees. These restrictions

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prevent negotiations of any kind. http://www.carolinapoliticsonline.com/2011/02/21/no-collectivebargaining-rights-for-north-carolina-state-employees/

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* Please note that specific statutes and/or cases were only quoted in their entirety when I believed that it was better to do so rather than summarize and compromise the meaning of such laws, particularly given that the purpose of this project was to be a resource for myself in my future endeavors.

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References

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Atkinson, J. (n.d.). State Superintendent. North Carolina Department of Public Instruction. Retrieved from http://www.ncpublicschools.org/statesuperintendent/ Cline, A. 2006. North Carolina School Invites Gideons, Free Bibles. Retrieved from http://atheism.about.com/b/2006/04/12/north-carolina-school-invites-gideons-free-bibles.htm Comparative Negligence. (n.d.). In Wikipedia Encyclopedia online. Retrieved from http://en.wikipedia.org/wiki/Comparative_negligence

Law and Legal Research. (n.d.). North Carolina General Statutes Chapter 115C Elementary and

Secondary Education. Retrieved from http://law.onecle.com/north-carolina/115c-elementaryand-secondary-education/index.html North Carolina Court System. (n.d.). District Courts. Retrieved from http://www.nccourts.org/ North Carolina Court System. (n.d.). Supreme Court of North Carolina. Retrieved from http://www.nccourts.org/ North Carolina Department of Public Instruction. (n.d.). Public Schools of North Carolina. Retrieved from http://www.ncpublicschools.org/ North Carolina General Assembly. (2011-2012). North Carolina State Constitution. Retrieved from http://www.ncga.state.nc.us/legislation/constitution/ncconstitution.html

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North Carolina General Assembly. (2011-2012). North Carolina General Statutes: Chapter 115C: Elementary and Secondary Education. Retrieved from http://www.ncga.state.nc.us/gascripts/statutes/StatutesTOC.pl?Chapter=0115C Teen Fest Foundation. 2012. NC Schools Anti-Bullying Law. Retrieved from http://www.teenfest.org/teenfestonline/index.php?option=com_content&view=article&id=11 6:nc-school-anti-bullying-law&catid=35:violence&Itemid=90 Religious Tolerance. 2009. Separation of church and state: Recent U.S. court cases. Retrieved from http://www.religioustolerance.org/sep_c_s2.htm The Friedman Foundation for Educational Choice. (n.d.). School Choice in North Carolina. Retrieved from http://www.edchoice.org/School-Choice/State/NC.aspx

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