North Carolina § 116-239 - 9. Student admissions and assignment.

§ 116-239. 9. Student admissions and assignment.

A child shall be eligible to attend a laboratory school if the child resides in the local school administrative unit in which a laboratory school is located and meets at least one of the following criteria: Is assigned to a low-performing school, as defined by G.S. 115C-105.37 at the time of the student's application. Did not meet expected growth in the prior school year based on one or more indicators listed in subsection (c1) of this section. Is the sibling of a child who is eligible under subdivision (1) or (2) of this subsection. Is the child of a laboratory school employee. No local board of education shall require any student enrolled in the local school administrative unit to attend a laboratory school. During each period of enrollment, the laboratory school shall enroll an eligible student under subsection (a) of this section who submits a timely application, up to the capacity of a program, class, grade level, or building, in the order in which applications are received. Once enrolled, students are not required to reapply in subsequent enrollment periods. The laboratory school may give enrollment priority to the sibling of an enrolled student who attended the laboratory school in the prior school year. For the purposes of this Article, any of the following shall serve as indicators that a student did not meet expected student growth in the prior school year: (i) grades, (ii) observations, (iii) diagnostic and formative assessments, (iv) State assessments, or (v) other factors, including reading on grade level. Notwithstanding the requirements of subsection (a) of this section, if a laboratory school has not reached enrollment capacity in a program, class, grade level, or building by March 1, prior to the start of the next school year, the laboratory school may enroll children who reside in the local school administrative unit in which the laboratory school is located but do not meet one of the criteria set forth in subdivisions (1) through (4) of subsection (a) of this section for up to twenty percent (20%) of the total capacity of the program, class, grade level, or building. Notwithstanding any law to the contrary, a laboratory school may refuse admission to any student who has been expelled or suspended from a public school under G.S. 115C-390.5 through G.S. 115C-390.11 until the period of suspension or expulsion has expired. Within one year after a laboratory school begins operation, the laboratory school shall make reasonable efforts in the recruitment process for the population of the school to reasonably reflect the racial, ethnic, and socioeconomic composition of the general population of the students residing within the local school administrative unit in which the school is located. A laboratory school shall not unlawfully discriminate when making admissions determinations. History (2016-94, s. 11.6(a); 2017-117, s. 1; 2018-5, s. 10.1(b); 2020-56, s. 2(f).) Editor's Note. - Session Laws 2018-5, s. 10.1(e), made the amendment of this section by Session Laws 2018-5, s. 10.1(b), applicable beginning with the 2018-2019 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 2020-56, s. 2(i), made subdivision (a)(4) and subsections (c2) and (e) of this section, as added by Session Laws 2020-56, s. 2(f), effective June 30, 2020, and applicable beginning with the 2020-2021 school year. Effect of Amendments. - Session Laws 2017-117, s. 1, effective July 18, 2017, substituted "laboratory" for "lab" throughout the section; rewrote (a) which formerly read: "Any child who is residing in a local school administrative unit in which a lab school is located and is enrolled in a low-performing school, as defined by G.S. 115C-105.37 at the time of the student's application, may attend the lab school."; in subsection (c), added "under subsection (a) of this section" near the middle of the first sentence, substituted "up to the capacity of a program, class, grade level, or building, in the order in which applications are received" for " with priority enrollment given in the order in which applications are received to" at the end of the sentence, added the last sentence; added subsection designation (c1), added "For the purposes of this Article, any of the following shall serve as indicators that" in the beginning of the first sentence, substituted "prior school year:" for "prior school year based on any of the following:" and deleted the last two sentences which formerly read: "If the number of applications from other eligible students exceeds the capacity of a program, class, grade level, or building, those students shall be accepted by lot. Once enrolled, students are not required to reapply in subsequent enrollment periods." Session Laws 2018-5, s. 10.1(b), effective July 1, 2018, rewrote subsection (a); and in subsection (c), added the last sentence. For applicability, see editor's note. Session Laws 2020-56, s. 2(f), added subdivision (a)(4) and subsections (c2) and (e). For effective date and applicability, see editor's note.