North Carolina § 115C-218 - 75. General operating requirements.

§ 115C-218. 75. General operating requirements.

Health and Safety Standards. - A charter school shall meet the same health and safety requirements required of a local school administrative unit. The Department of Public Instruction shall ensure that charter 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 influenza are spread and the places where parents and guardians may obtain additional information and vaccinations for their children. School Risk Management Plan. - Each charter school, in coordination with local law enforcement and emergency management agencies, is encouraged to adopt a School Risk Management Plan (SRMP) relating to incidents of school violence. In constructing and maintaining these plans, charter schools may utilize the School Risk and Response Management System (SRRMS) established pursuant to G.S. 115C-105.49A. These plans are not considered a public record as the term "public record" is defined under G.S. 132-1 and are not subject to inspection and examination under G.S. 132-6. Policy Against Bullying. - A charter school is encouraged to adopt a policy against bullying or harassing behavior, including cyber bullying, that is consistent with the provisions of Article 29C of this Chapter. If a charter school adopts a policy to prohibit bullying and harassing behavior, the charter school shall, at the beginning of each school year, provide the policy to staff, students, and parents as defined in G.S. 115C-390.1(b)(8). School Safety Exercises. - At least once a year, a charter school is encouraged to hold a full school-wide lockdown exercise with local law enforcement and emergency management agencies that are part of the charter school's SRMP. School Safety Information Provided to Division of Emergency Management. - A charter school is encouraged to provide the following: (i) schematic diagrams, including digital schematic diagrams, and (ii) emergency response information requested by the Division for the SRMP. The schematic diagrams and emergency response information are not considered public records as the term "public record" is defined under G.S. 132-1 and are not subject to inspection and examination under G.S. 132-6. Anonymous Tip Line. - A charter school shall develop and operate an anonymous tip line in accordance with G.S. 115C-105.51. Access for Youth Groups. - Charter schools are encouraged to facilitate access for students to participate in activities provided by any youth group listed in Title 36 of the United States Code as a patriotic society, such as the Boy Scouts of America, and its affiliated North Carolina groups and councils, and the Girl Scouts of the United States of America, and its affiliated North Carolina groups and councils. Student participation in any activities offered by these organizations shall not interfere with instructional time during the school day for the purposes of encouraging civic education. Child Sexual Abuse and Sex Trafficking Training Program. - A charter school shall adopt and implement a child sexual abuse and sex trafficking training program in accordance with G.S. 115C-375.20. School-Based Mental Health Plan Required. - A charter school shall adopt a school-based mental health plan, including a mental health training program and suicide risk referral protocol, in accordance with G.S. 115C-376.5. The Department of Public Instruction shall also ensure that charter schools provide parents and guardians with information about cervical cancer, cervical dysplasia, human papillomavirus, and the vaccines available to prevent these diseases. This information shall be provided at the beginning of the school year to parents of children entering grades five through 12. This information shall include the causes and symptoms of these diseases, how they are transmitted, how they may be prevented by vaccination, including the benefits and possible side effects of vaccination, and the places where parents and guardians may obtain additional information and vaccinations for their children. The Department of Public Instruction shall also ensure that charter schools provide students in grades seven through 12 with information annually on the preventable risks for preterm birth in subsequent pregnancies, including induced abortion, smoking, alcohol consumption, the use of illicit drugs, and inadequate prenatal care. The Department of Public Instruction shall also ensure that charter schools provide students in grades nine through 12 with information annually on the manner in which a parent may lawfully abandon a newborn baby with a responsible person, in accordance with G.S. 7B-500 . The Department of Public Instruction shall also ensure that the guidelines for individual diabetes care plans adopted by the State Board of Education under G.S. 115C-12(31) are implemented in charter schools in which students with diabetes are enrolled and that charter schools otherwise comply with G.S. 115C-375.3 . The Department of Public Instruction shall ensure that charter schools comply with G.S. 115C-375.2 A. The board of directors of a charter school shall provide the school with a supply of emergency epinephrine auto-injectors necessary to meet the requirements of G.S. 115C-375.2 A. Charter schools are encouraged to provide schematic diagrams and keys to the main entrance of school facilities to local law enforcement agencies, in addition to implementing G.S. 115C-105.52 . History (1995 (Reg. Sess., 1996), c. 731, s. 2; 1997-430, s. 5; 1997-443, s. 8.19; 1997-456, s. 55.4; 1998-212, s. 9.14A(a); 1999-243, s. 8; 2001-462, s. 1; 2004-118, s. 3; 2004-203, s. 45(b); 2006-69, s. 3(e); 2006-137, s. 2; 2007-59, s. 2; 2007-126, s. 2; 2007-323, s. 28.22A(o); 2007-345, s. 12; 2009-239, s. 1; 2009-563, s. 2; 2010-10, s. 2(a); 2011-93, s. 2(a); 2011-145, s. 7.29(b); 2011-164, s. 4; 2011-282, s. 9; 2012-142, ss. 7A.1(f), 7A.3(c), 7A.11(b); 2012-145, s. 2.5; 2012-179, s. 1(c); 2013-307, s. 1.1; 2013-355, s. 1(f); 2013-359, s. 1; 2013-360, ss. 8.43(a), 9.7(q); 2014-100, ss. 8.23(b), 8.32(b); 2014-101, s. 7; 2015-241, s. 8.26(h); 2015-249, s. 3; 2018-5, s. 7.26(c); 2019-245, s. 4.4(b); 2020-7, s. 1(c); 2021-88, s. 11.) Editor's Note. - This section is former G.S. 115C-238.29F(a), (a1), and (m). It has been renumbered as this section at the direction of the Revisor of Statutes, pursuant to Session Laws 2014-101, s. 7. Session Laws 2014-100, s. 8.32(d), made subsection (m) (now subsection (c)), as added by Session Laws 2014-100, s. 8.32(b), applicable beginning with the 2014-2015 school year. Session Laws 2014-100, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2014.'" Session Laws 2014-100, s. 38.7, is a severability clause. Session Laws 2014-101, s. 8, provides, in part: "Except as otherwise provided, this act is effective when it becomes law [August 6, 2014] and applies beginning with the 2014-2015 school year." Session Laws 2015-241, s. 8.26( l ), provides: "Each charter school is encouraged to adopt a School Risk Management Plan as provided for under G.S. 115C-218.75 , as amended by subsection (h) of this section, by March 1, 2017." Session Laws 2015-241, s. 8.26(p), made the amendments to this section by Session Laws 2015-241, s. 8.26(h), applicable beginning with the 2015-2016 school year. Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'" Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium." Session Laws 2015-241, s. 33.6, is a severability clause. Session Laws 2015-241, s. 8.26(h), enacted subsections (d) and (e). Session Laws 2015-249, s. 3, also enacted a subsection designated as subsection (d). The subsection enacted by Session Laws 2015-249, s. 3, was redesignated as subsection (f) at the direction of the Revisor of Statutes. Session Laws 2018-5, s. 7.26(h), made subsection (e1) of this section, as added by Session Laws 2018-5, s. 7.26(c), effective July 1, 2019, and applicable beginning with the 2019-2020 school year. Session Laws 2018-5, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2018.'" Session Laws 2018-5, s. 39.7, is a severability clause. Session Laws 2019-245, s. 4.5, provides, in part: "Each entity required by Section 4.4(a), (b), (c), and (d) to adopt and implement a child sexual abuse and sex trafficking training program shall do so by January 1, 2020, and training shall be required for school personnel beginning with the 2020-2021 school year." Session Laws 2019-245, s. 9(a), is a severability clause. Session Laws 2019-245, s. 9(b), provides: "Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions." Effect of Amendments. - Session Laws 2014-100, s. 8.23(b), effective November 1, 2014, added the last paragraph of subsection (a). Session Laws 2014-100, s. 8.32(b), effective July 1, 2014, added subsection (m) of G.S. 115C-238.29F (now subsection (c) of this section). See Editor's note for applicability. Session Laws 2015-241, s. 8.26(h), effective July 1, 2015, rewrote subsection (b); and added subsections (d) and (e). For applicability, see editor's note. Session Laws 2015-249, s. 3, effective September 25, 2015, added subsection (d) (now (f)). See editor's note for explanation of redesignation. Session Laws 2018-5, s. 7.26(c), added subsection (e1). For effective date and applicability, see editor's note. Session Laws 2019-245, s. 4.4(b), effective December 1, 2019, added subsection (g). For applicability, see editor's note. Session Laws 2020-7, s. 1(c), effective June 8, 2020, added subsection (h). Session Laws 2021-88, s. 11, effective July 22, 2021, deleted "the provisions of” preceding "G.S. 115C-375.3” in the next to last paragraph in subsection (a); in the last paragraph in subsection (a), substituted "meet” for "carry out,” and "requirements” for "provisions”; substituted "are not” for "shall not be” in subsection (b); deleted "the provisions in” preceding "G.S. 115C-105.52” in the last paragraph in subsection (b); substituted "are not” for "shall not be” in subsection (e); and added a heading in subsection (h).