GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1999
SESSION LAW 1999-387
The General Assembly of North Carolina enacts:
Section 1. G.S. 115C-391(d1), as rewritten by Section 6 of S.L. 1999-257, reads as rewritten:
"(d1) A local board of education or
superintendent shall suspend for 365 calendar days any student who brings who:
(1) Brings onto educational property or to a school-sponsored curricular or extracurricular activity off educational property, or
(2) Possesses on educational property or at a school-sponsored curricular or extracurricular activity off educational property,
a weapon, as defined in G.S. 14-269.2(b),
14-269.2(b1), and 14-269.2(g), onto educational property. 14-269.2(g).
The local board of education upon recommendation by the superintendent may
modify this suspension requirement on a case-by-case basis that includes, but
is not limited to, the procedures established for the discipline of students
with disabilities and may also provide, or contract for the provision of,
educational services to any student suspended pursuant to this subsection in an
alternative school setting or in another setting that provides educational and
other services."
Section 2. Effective December 1, 1999, G.S. 115C-391(d1), as rewritten by Section 1 of this act, reads as rewritten:
"(d1) A local board of education or superintendent shall suspend for 365 calendar days any student who:
(1) Brings onto educational property or to a school-sponsored curricular or extracurricular activity off educational property, or
(2) Possesses on educational property or at a school-sponsored curricular or extracurricular activity off educational property,
a weapon, as defined in G.S.
14-269.2(b), 14-269.2(b1), and 14-269.2(g). 14-269.2(g), and
14-269.2(h). The local board of education upon recommendation by the
superintendent may modify this suspension requirement on a case-by-case basis
that includes, but is not limited to, the procedures established for the
discipline of students with disabilities and may also provide, or contract for
the provision of, educational services to any student suspended pursuant to
this subsection in an alternative school setting or in another setting that
provides educational and other services."
Section 3. G.S. 115C-391(d3), as enacted by Section 7 of S.L. 1999-257, reads as rewritten:
"(d3) A local board of education shall
suspend for 365 calendar days any student who, by any means of communication to
any person or group of persons, makes a report, knowing or having reason to
know the report is false, that there is located on educational property or at a
school-sponsored curricular or extracurricular activity off educational
property any device designed to destroy or damage property by explosion,
blasting, or burning, or who, with intent to perpetrate a hoax, conceals,
places, or displays any device, machine, instrument, or artifact on educational
property or at a school-related school-sponsored curricular or
extracurricular activity on or off educational property, so as to
cause any person reasonably to believe the same to be a bomb or other device
capable of causing injury to persons or property. The local board upon
recommendation by the superintendent may modify either suspension requirement
on a case-by-case basis that includes, but is not limited to, the procedures
established for the discipline of students with disabilities and may also provide,
or contract for the provision of, educational services to any student suspended
under this subsection in an alternative school setting or in another setting
that provides educational and other services. For purposes of this
subsection and subsection (d1) of this section, the term 'educational property'
has the same definition as in G.S. 14-269.2(a)(1)."
Section 4. Effective July 1, 2000, G.S. 20-11(n1) as created in Section 2 of S.L. 1999-243, reads as rewritten:
"(n1) Lose Control; Lose License.
(1) The following definitions apply in this subsection:
a. Applicable State entity. - The State Board of Education for public schools and charter schools, the State Board of Community Colleges for community colleges, or the Secretary of Administration for nonpublic schools and home schools.
b. Certificate. - A driving eligibility certificate that meets the conditions of subsection (n) of this section.
c. Disciplinary action. - An expulsion, a suspension for more than 10 consecutive days, or an assignment to an alternative educational setting for more than 10 consecutive days.
d. Enumerated student conduct. - One of the following behaviors that results in disciplinary action:
1. The possession or sale of an alcoholic beverage or an illegal controlled substance on school property.
2. The
possession or use The bringing, possession, or use on school
property of a weapon or firearm that resulted in disciplinary action under G.S.
115C-391(d1) or that could have resulted in that disciplinary action if the
conduct had occurred in a public school.
3. The physical assault on a teacher or other school personnel on school property.
e. School. - A public school, charter school, community college, nonpublic school, or home school.
f. School administrator. - The person who is required to sign certificates under subdivision (4) of subsection (n) of this section.
g. School
property. - The physical premises of the school, school buses or other vehicles
under the school's control or contract and that are used to transport students,
and school-sponsored or school-related curricular or extracurricular activities
that occur on or off the physical premises of the school.
h. Student. - A person who desires to obtain a permit or license issued under this section."
Section 5. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 14th day of July, 1999.
s/ Dennis A. Wicker
President of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ James B. Hunt, Jr.
Governor
Approved 10:40 p.m. this 4th day of August, 1999