North Carolina § 115C-390 - 9. Alternative education services.

§ 115C-390. 9. Alternative education services.

Students who are long-term suspended shall be offered alternative education services unless the superintendent provides a significant or important reason for declining to offer such services. The following may be significant or important reasons, depending on the circumstances and the nature and setting of the alternative education services: The student exhibits violent behavior. The student poses a threat to staff or other students. The student substantially disrupts the learning process. The student otherwise engaged in serious misconduct that makes the provision of alternative educational services not feasible. Educationally appropriate alternative education services are not available in the local school administrative unit due to limited resources. The student failed to comply with reasonable conditions for admittance into an alternative education program. If the superintendent declines to provide alternative education services to the suspended student, the student may seek review of such decision by the local board of education as permitted by G.S. 115C-45(c)(2). If the student seeks such review, the superintendent shall provide to the student and the local board, in advance of the board's review, a written explanation for the denial of services together with any documents or other information supporting the decision. History (2011-282, s. 2.) Editor's Note. - Session Laws 2011-282, s. 17, made this section effective June 23, 2011, and applicable beginning with the 2011-2012 school year. Session Laws 2001-178, s. 1(a)-(j), provide that the State Board of Education, in cooperation with the Department of Juvenile Justice and Delinquency Prevention [now the Division of Juvenile Justice of the Department of Public Safety], shall establish a pilot program under which participating local school administrative units place all students who are on short-term out-of-school suspension in alternative learning programs. These alternative placements may be in alternative learning programs, day reporting centers, and other similar supervised programs for students. Legal Periodicals. - For article, "Long-Term Suspensions and the Right to an Education: An Alternative Approach," see 90 N.C. L. Rev. 293 (2011).