North Carolina § 115C-556 - Attendance; health and safety regulations.

§ 115C-556. Attendance; health and safety regulations.

Each qualified nonpublic school shall make, and maintain annual attendance and disease immunization records for each pupil enrolled and regularly attending classes. Attendance by a child at any school to which this Part relates and which complies with this Part shall satisfy the requirements of compulsory school attendance so long as the school operates on a regular schedule, excluding reasonable holidays and vacations, during at least nine calendar months of the year. Each school shall be subject to reasonable fire, health and safety inspections by State, county and municipal authorities as required by law. The Division of Nonpublic Education, Department of Administration, shall ensure that materials are provided to each qualified nonpublic school so that the school can provide parents and guardians with information about meningococcal meningitis and influenza and their vaccines at the beginning of every school year. This information may be provided electronically or on the Division's Web page. 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. The Division of Nonpublic Education, Department of Administration, shall also ensure that materials are provided to each qualified nonpublic school so that the school can provide parents and guardians with information about cervical cancer, cervical dysplasia, human papillomavirus, and the vaccines available to prevent these diseases. This information may be provided electronically or on the Division's Web page. 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 Division of Nonpublic Education, Department of Administration, shall also ensure that information is available to each qualified nonpublic school so that the school can provide 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 Division of Nonpublic Education, Department of Administration, shall also ensure that information is available to each qualified nonpublic school so that the school can provide information on the manner in which a parent may lawfully abandon a newborn baby with a responsible person, in accordance with G.S. 7B-500 . History (1979, c. 506; 1981, c. 423, s. 1; 2004-118, s. 5; 2007-59, s. 4; 2007-126, s. 4; 2013-307, s. 1.3.) Cross References. - As to the Secretary of Health and Human Services as health advisor for the State, see G.S. 130A-5(10) . Duty of Division of Public Health Regarding Sample Educational Materials. - The Division of Public Health, Department of Health and Human Resources, was required by the indicated session laws to make available sample educational materials that can be provided to parents and guardians about the following: Meningococcal meningitis and influenza and their vaccines - Session Law 2004-118, s. 7. Cervical cancer, cervical dysplasia, human papillomavirus, and their vaccines - Session Laws 2007-59, s. 6. Each session law required the Division to make the sample materials available to (i) local school administrative units for public schools other than charter schools, (ii) the Department of Public Instruction for charter schools, and (iii) the Division of Nonpublic Education, Department of Administration, for nonpublic schools including home schools, and authorized the Division to provide the materials electronically. Editor's Note. - Session Laws 2013-307, s. 2, provides: "To facilitate the implementation of this act, within 60 days of this act becoming effective [July 18, 2013] and annually thereafter, the Department of Health and Human Services, Division of Public Health, shall provide to the Department of Public Instruction and the Division of Nonpublic Education, Department of Administration, sample educational materials with the most current information available about the preventable risks for preterm birth in subsequent pregnancies, including induced abortion, smoking, alcohol consumption, the use of illicit drugs, and inadequate prenatal care." Session Laws 2013-307, s. 3, made the fourth paragraph of this section as added by Session Laws 2013-307, s. 1.3, applicable beginning with the 2013-2014 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. 2.18, provides: "Notwithstanding G.S. 115C-378 , 115C-548, 115C-556, and 115C-564, for the 2019-2020 school year, nonpublic schools, as defined in G.S. 115C-591(4) , are not required to do either of the following: "(1) Make, maintain, and render attendance records of children of compulsory school age, beginning March 16, 2020. "(2) Operate on a regular schedule at least nine calendar months of the year." Session Laws 2020-3, s. 5, is a severability clause. Effect of Amendments. - Session Laws 2004-118, s. 5, effective July 1, 2004, beginning with the 2004-2005 school year, in the first paragraph substituted "so long as the" for "Provided, however, that such"; and added the second paragraph. Session Laws 2007-59, s. 4, effective July 1, 2007, added the third paragraph. See Editor's note for applicability. Session Laws 2007-126, s. 4, effective June 27, 2007, and applicable beginning with the 2008-2009 school year, added the fourth paragraph. Session Laws 2013-307, s. 1.3, effective July 18, 2013, added the fourth paragraph in this section. For applicability, see Editor's note.