North Carolina § 115C-288 - Powers and duties of principal.

§ 115C-288. Powers and duties of principal.

To Grade and Classify Pupils. - The principal shall have authority to grade and classify pupils, except as provided in G.S. 115C-83.7(a). In determining the appropriate grade for a pupil who is already attending a public school, the principal shall consider the pupil's classroom work and grades, the pupil's scores on standardized tests, and the best educational interests of the pupil. The principal shall not make the decision solely on the basis of standardized test scores. If a principal's decision to retain a child in the same grade is partially based on the pupil's scores on standardized tests, those test scores shall be verified as accurate. To Make Accurate Reports to the Superintendent and to the Local Board. - The principal shall make all reports to the superintendent. Every principal of a public school shall make such reports as are required by the boards of education, and the superintendent shall not approve the vouchers for the pay of principals until the required monthly and annual reports are made: Provided, that the superintendents may require teachers to make reports to the principals and principals to make reports to the superintendent: Provided further, that any principal or supervisor who knowingly and willfully makes or procures another to make any false report or records, requisitions, or payrolls, respecting daily attendance of pupils in the public schools, payroll data sheets, or other reports required to be made to any board or officer in the performance of his duties, shall be guilty of a Class 1 misdemeanor and the certificate of such person to teach in the public schools of North Carolina shall be revoked by the Superintendent of Public Instruction. To Improve Instruction and Community Spirit. - The principal shall give suggestions to teachers for the improvement of instruction. To Conduct Fire Drills and Inspect for Fire Hazards. - It shall be the duty of the principal to conduct a fire drill during the first week after the opening of school and thereafter at least one fire drill each school month, in each building in his charge, where children are assembled. Fire drills shall include all pupils and school employees, and the use of various ways of egress to simulate evacuation of said buildings under various conditions, and such other regulations as shall be prescribed for fire safety by the Commissioner of Insurance, the Superintendent of Public Instruction and the State Board of Education. A copy of such regulations shall be kept posted on the bulletin board in each building. To Discipline Students and to Assign Duties to Teachers with Regard to the Discipline, General Well-being, and Medical Care of Students. - The principal shall have authority to exercise discipline over the pupils of the school under policies adopted by the local board of education in accordance with G.S. 115C-390.1 through G.S. 115C-390.12. The principal may use reasonable force pursuant to G.S. 115C-390.3 and may suspend students pursuant to G.S. 115C-390.5. The principal shall assign duties to teachers with regard to the general well-being and the medical care of students under G.S. 115C-307 and Article 26A of this Chapter. To Protect School Property. - The principal shall protect school property as provided in G.S. 115C-523. To Report Certain Acts to Law Enforcement and the Superintendent. - When the principal has personal knowledge or actual notice from school personnel that an act has occurred on school property involving assault resulting in serious personal injury, sexual assault, sexual offense, rape, kidnapping, indecent liberties with a minor, assault involving the use of a weapon, possession of a firearm in violation of the law, possession of a weapon in violation of the law, or possession of a controlled substance in violation of the law, the principal shall immediately report the act to the appropriate local law enforcement agency. To Make Available School Budgets and School Improvement Plans. - The principal shall maintain a copy of the school's current budget and school improvement plan, including any amendments to the plan, and shall allow parents of children in the school and other interested persons to review and obtain such documents in accordance with Chapter 132 of the General Statutes. To Evaluate Licensed Employees and Develop Mandatory Improvement Plans. - Each school year, the principal assigned to a low-performing school that has not received an assistance team shall provide for the evaluation of all licensed employees assigned to the school. The principal also shall develop mandatory improvement plans as provided under G.S. 115C-333(b) and G.S. 115C-333.1(b) and shall monitor an employee's progress under a mandatory improvement plan. To Transfer Student Records. - The principal shall not withhold the transfer of student records, except as is provided in G.S. 115C-403(b). To Sign Driving Eligibility Certificates and to Notify the Division of Motor Vehicles. - In accordance with rules adopted by the State Board of Education, the principal or the principal's designee shall do all of the following: Sign driving eligibility certificates that meet the conditions established in G.S. 20-11. Obtain the necessary written, irrevocable consent from parents, guardians, or emancipated juveniles, as appropriate, in order to disclose information to the Division of Motor Vehicles. Notify the Division of Motor Vehicles when a student who holds a driving eligibility certificate no longer meets its conditions. To Establish School Improvement Teams. - Each school year, the principal shall ensure that a school improvement team is established under G.S. 115C-105.27 for the purpose of developing, reviewing, and revising a school improvement plan. To Address the Unique Needs of Military-Connected Students. - The principal shall develop a means for serving the unique needs of students identified as military-connected students as required in G.S. 115C-12(18)f. A principal shall not require additional testing of a student entering a public school from a school governed under Article 39 of this Chapter if test scores from a nationally standardized test or nationally standardized equivalent measure that are adequate to determine the appropriate placement of the child are available. It shall be the duty of each principal to inspect each of the buildings in his charge at least twice each month during the regular school session. This inspection shall include cafeterias, gymnasiums, boiler rooms, storage rooms, auditoriums and stage areas as well as all classrooms. This inspection shall be for the purpose of keeping the buildings safe from the accumulation of trash and other fire hazards. It shall be the duty of the principal to file two copies of a written report once each month during the regular school session with the superintendent of his local school administrative unit, one copy of which shall be transmitted by the superintendent to the chairman of the local board of education. This report shall state the date the last fire drill was held, the time consumed in evacuating each building, that the inspection has been made as prescribed by law and such other information as is deemed necessary for fire safety by the Commissioner of Insurance, the Superintendent of Public Instruction and the State Board of Education. It shall be the duty of the principal to minimize fire hazards pursuant to the provisions of G.S. 115C-525 . Notwithstanding any other provision of law, the State Board of Education shall not require the principal to report to law enforcement acts in addition to those required to be reported by law. For purposes of this subsection, "school property" shall include any public school building, bus, public school campus, grounds, recreational area, or athletic field, in the charge of the principal. The principal or the principal's designee shall notify the superintendent or the superintendent's designee in writing or by electronic mail regarding any report made to law enforcement under this subsection. This notification shall occur by the end of the workday in which the incident occurred when reasonably possible but not later than the end of the following workday. The superintendent shall provide the information to the local board of education. Nothing in this subsection shall be interpreted to interfere with the due process rights of school employees or the privacy rights of students. History (1955, c. 1372, art. 17, ss. 6, 8; 1957, c. 843; 1959, c. 573, s. 13; c. 1294; 1965, c. 584, s. 15; 1981, c. 423, s. 1; 1985 (Reg. Sess., 1986), c. 975, s. 4; 1987, c. 572, s. 3; 1993, c. 327, s. 1; c. 539, s. 883; 1994, Ex. Sess., c. 24, s. 14(c); 1995 (Reg. Sess., 1996), c. 716, s. 7.1; 1996, 2nd Ex. Sess., c. 18, s. 18.27; 1997-443, s. 8.29(t); 1998-5, s. 7; 1998-220, s. 13; 1999-243, s. 7; 1999-373, s. 2; 2001-424, s. 28.17(b); 2005-22, s. 5; 2009-410, s. 1; 2011-145, s. 7.13(s), (t); 2011-248, s. 1; 2011-282, s. 11; 2011-348, s. 5; 2011-391, s. 14(b); 2012-142, s. 7A.1(g); 2012-149, s. 7; 2012-194, s. 55(c); 2014-15, s. 2; 2015-264, s. 82.) Cross References. - As to dissemination of criminal intelligence information, see G.S. 14-50.27 A. Fairness in Testing Program. - Session Laws 2001-424, s. 28.17(a), provides: "The State Board of Education shall provide the Joint Legislative Education Oversight Committee with a detailed analysis of the current resources allocated to meet the needs of all students subject to the Statewide Student Accountability Standards, and in addition, shall submit recommendations regarding other resources that would best assist students in meeting these new standards." Session Laws 2001-424, s. 28.17(g), provides: "Schools shall devote no more than two days of instructional time per year to the taking of practice tests that do not have the primary purpose of assessing current student learning." Session Laws 2001-424, s. 28.17(h), as amended by Session Laws 2001-487, s. 116, provides: "Students in a local school shall not be subject to field tests or national tests during the two-week period preceding the administration of the end-of-grade tests, end-of-course tests, or the school's regularly scheduled final exams. No school shall participate in more than two field tests at any one grade level during a school year unless: "(1) That school volunteers, through a vote of its school improvement team, to participate in an expanded number of field tests; or "(2) The State Board of Education makes written findings, based on information provided by the Department of Public Instruction, that an additional field test must be administered at that school to ensure the reliability and validity of a specific test." Session Laws 2001-424, s. 28.17(j), provides: "The State Board of Education shall develop and report to the Joint Legislative Education Oversight Committee on its objectives for the Statewide Testing Program and on the implementation of that Program. The report shall include: "(1) A statement of the relationship between these objectives and the tests currently administered under the Program; "(2) An analysis of whether the current tests appropriately achieve these objectives; "(3) A statement of any actions that may be needed to coordinate the objectives and the tests more effectively; and "(4) Strategies for communicating the objectives of the Program, the tests administered under the Program, and the relationship between these objectives and tests to principals, teachers, parents, and students throughout the State." Editor's Note. - Session Laws 1999-243, s. 10, provides: "The State Board of Education shall initiate and coordinate meetings with the Division of Nonpublic Education in the Office of the Governor, with representatives of nonpublic schools, and with the State Board of Community Colleges in order to develop coordinated rules, policies, and guidelines needed to implement this act." Session Laws 1999-243, s. 11, provides: "Sections 5, 6, 9, and 10 of this act are effective when they become law. The remainder of this act becomes effective July 1, 2000. This act does not apply to any person who held a valid North Carolina limited learner's permit issued before December 1, 1997, who held a valid North Carolina learner's permit issued before December 1, 1997, or who was a provisional licensee and held a valid North Carolina drivers license issued before December 1, 1997. This act shall apply only to conduct committed on or after July 1, 2000, by a person who is expelled, suspended, or placed in an alternative educational setting as a result of that conduct." Session Laws 2001-424, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2001'." Session Laws 2001-424, s. 36.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2001-2003 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2001-2003 fiscal biennium." Session Laws 2001-424, s. 36.5, is a severability clause. Session Laws 2011-391, s. 14(b), repealed Session Laws 2011-145, s. 7.13(s) and (t), which would have amended this section, effective July 1, 2011, by amending subsection (h) by deleting "and School Improvement Plans" from the end of the catchline, and deleting "and school improvement plan, including any amendments to the plan" following "school's current budget" in the text; and by repealing subsection ( l ). Session Laws 2012-142, s. 7A.1(i), made the amendments to this section by Session Laws 2012-142, s. 7A.1(g), effective July 2, 2012, and applicable beginning with the 2013-2014 school year. The developmental screening and kindergarten entry assessment required by this section shall be administered beginning with the 2014-2015 school year. Session Laws 2012-149, s. 12, made the amendments to subsection (g) by Session Laws 2012-149, s. 7, effective July 12, 2012, and applicable beginning with the 2012-2013 school year. Session Laws 2012-142, s. 1.2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2012.'" Session Laws 2012-142, s. 27.7, is a severability clause. Session Laws 2012-149, preamble, provides: "Whereas, the General Assembly of North Carolina finds that a safe and civil environment in school is necessary in order for students to learn and achieve high academic standards; and "Whereas, bullying and harassment, like other disruptive or violent behaviors, disrupt both a student's ability to learn and a school's ability to educate its students in a safe environment; and "Whereas, bullying and harassing behaviors create a climate that fosters violence in our schools; and "Whereas, it is essential to enact a law that seeks to protect the health and welfare of North Carolina students and improve the learning environment for North Carolina students; and "Whereas, to do so, State and national data and anecdotal evidence have established the need to identify the most vulnerable targets and potential victims of bullying and harassment; and "Whereas, the sole purpose of this law is to protect all children from bullying and harassment, and no other legislative purpose is intended nor should any other intent be construed from passage of this law; Now, therefore." Session Laws 2012-194, s. 55(b), provides: "To ensure that the unique needs of students with immediate family members in the military are met, local boards of education shall collect and report to the State Board of Education by November 30, 2012, the following information for each school in the local school administrative unit: "(1) The number of students who have an immediate family member who has served in the reserve or active components of the Armed Forces of the United States since September 1, 2001. "(2) Whether during the relevant period the local school administrative unit employed at least one employee trained in the unique needs of children who have immediate family members in the military. An employee satisfies this requirement if the employee has received training on all of the following: "a. The number of children of members of the active or reserve components of the Armed Forces of the United States who live in the local school administrative unit. "b. Available curricula on military families. "c. The impact of deployments on the emotional and psychological well-being of the children and families. "d. Potential warning signs of emotional and mental health disorders, substance use disorders, suicide risks, child maltreatment, or domestic violence. "e. Appropriate resources to which students and their families may be referred as needed. "f. Scholarships for after-school and enrichment activities available through the United States Department of Defense, the National Guard, or the reserve components of the Armed Forces of the United States for the children of parents who are actively deployed. "(3) The frequency with which the employee described in subdivision (2) of this subsection provided training to school administrators, nurses, nurses aides, counselors, social workers, and other personnel in the local school administrative unit during the relevant period, and the number of staff trained. "The State Board of Education shall report no later than December 15, 2012, to the Joint Legislative Education Oversight Committee and to the House of Representatives and Senate Appropriations Subcommittees on Education on information submitted to it pursuant to this section relating to the needs of students with immediate family members in the military." Session Laws 2014-15, s. 3, as amended by Session Laws 2015-264, s. 82, provides: "Section 2 of this act becomes effective July 1, 2015. The remainder of this act is effective when it becomes law [October 1, 2015], and the annual identification requirement for local school administrative units applies beginning with the 2015-2016 school year. Beginning in the 2016-2017 school year, and annually thereafter, the identification of military-connected students for all local school administrative units shall be completed by January 31 of each school year. Local school administrative units may begin the annual identification of military-connected students using the Uniform Education Reporting System beginning with the 2014-2015 school year." Session Laws 2020-3, s. 2.1, as amended by Session Laws 2020-49, s. 3(a), provides: "For the purposes of this Part, the following definitions apply: "(1) Authority. - State Education Assistance Authority. "(2) Coronavirus disease 2019 (COVID-19) emergency. - The period beginning March 10, 2020, and continuing until the Governor signs an executive order rescinding Executive Order No. 116 (Declaration of a State of Emergency to Coordinate Response and Protective Actions to Prevent the Spread of COVID-19). "(3) Federal testing waiver. - The testing waiver granted to the State Board of Education by the United States Department of Education for the 2019-2020 school year, pursuant to section 8401(b) of the Elementary and Secondary Education Act of 1965 (ESEA), as amended, which, pursuant to G.S. 115C-174.11 , eliminated the collection of certain student assessment data for the 2019-2020 school year. "(4) Modified calendar school. - A school that a local board designated as having a modified calendar for the 2003-2004 school year or any school that was part of a planned program in the 2003-2004 school year for a system of modified calendar schools, so long as the school operates under a modified calendar. "(5) State Board. - The State Board of Education. "(6) Year-round school. - A school with a single or multi-track instructional calendar that was adopted prior to March 1, 2020, and provides instructional days in compliance with Section 2.11(b)(1) of this Part throughout the entire school calendar year, beginning July 1 and ending June 30, by utilizing at least one of the following plans: "a. A plan dividing students into four groups and requiring each group to be in school for assigned and staggered quarters each school calendar year. "b. A plan providing students be scheduled to attend an average of between 44 and 46 instructional days followed by an average of between 15 and 20 days of vacation, repeated throughout the school calendar year. "c. A plan dividing the school calendar year into five nine-week sessions of classes and requiring each student to attend four assigned and staggered sessions out of the five nine-week sessions to complete the student's instructional year." Session Laws 2020-3, s. 2.2, provides: "The purpose of this Part is to clarify or modify certain requirements in consideration of actions and circumstances related to the COVID-19 emergency, including, but not limited to, the federal testing waiver and the closure of schools for in-person instruction during the 2019-2020 school year." Session Laws 2020-3, s. 2.7(a), provides: "Third Grade Retention Determination. - For grade level determination for the 2020-2021 school year, the following applies: "(1) Notwithstanding the provisions of G.S. 115C-83.7 and the requirement in G.S. 115C-288(a) that a principal's authority to grade and classify pupils is limited by the requirements of G.S. 115C-83.7 (a), principals shall have authority to determine the appropriate 2020-2021 school year grade level for students in the third grade during the 2019-2020 school year in the same manner as for students in all other grade levels. Principals shall designate whether a retained third grade student is retained due to reading deficiencies. Principals are encouraged to consult with a student's 2019-2020 third grade teacher in determining grade classification. "(2) Notwithstanding the provisions of G.S. 115C-218.85(b) , charter schools shall have authority to determine the appropriate 2020-2021 school year grade level for third grade students in the same manner that grade level classification is determined for other grade levels." Session Laws 2020-3, s. 5, is a severability clause. Effect of Amendments. - Session Laws 2005-22, s. 5, effective April 28, 2005, in subsection (e), substituted "under" for "pursuant to" in the first sentence, combined and rewrote the former second and third sentences, and added the present third sentence. Session Laws 2009-410, s. 1, effective August 5, 2009, in subsection (g), substituted "Enforcement and the Superintendent" for "Enforcement" in the subsection heading, inserted "to law enforcement" in the second sentence, and deleted the former last sentence, which read: "It is the intent of the General Assembly that the principal notify the superintendent and the superintendent notify the local board of any report made to law enforcement under this subsection"; and added the second paragraph. Session Laws 2011-348, s. 5, effective July 1, 2011, and applicable to persons recommended for dismissal or demotion on or after that date, in subsection (i), in the catchline, substituted "Licensed Employees and Develop Mandatory Improvement Plans" for "Certified Employees and Develop Action Plans," in the first sentence, substituted "licensed" for "certified," and in the last sentence, substituted "mandatory improvement plans" for "action plans," inserted "and G.S. 115C-333.1(b) ," and substituted "a mandatory improvement plan" for "an action plan." Session Laws 2014-15 s. 2, effective July 1, 2015, rewrote subsection (m). Legal Periodicals. - For note on constitutional restrictions on the infliction of corporal punishment, see 50 N.C.L. Rev. 911 (1972).