GENERAL ASSEMBLY OF NORTH CAROLINA
HOUSE BILL 488
Short Title: Additional Hearing Before School Reassignment.
Representatives Gulley, Stam (Primary Sponsors); and Current.
March 6, 2007
A BILL TO BE ENTITLED
AN ACT to permit local boards of education to provide for an administrative initial screening of reassignment appeals.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 115C-369 reads as rewritten:
(a) The parent or
guardian of any child, or the person standing in loco parentis to any child,
who is dissatisfied with the assignment made by a local board of education may,
within 10 days after notification of the assignment, or the last publication
thereof, apply in writing to the local board of education for the reassignment
of the child to a different public school. Application for reassignment shall
be made on forms prescribed by the local board of education pursuant to rules
and regulations adopted by the board of education. If the application for
reassignment is disapproved, the local board of education shall give notice to
the applicant by registered or certified mail, and the applicant may within
five days after receipt of such notice apply to the local board for a
and shallhearing. The applicant shall be entitled to a prompt and
fair hearing on the question of reassignment of such child to a different
(b) The local
board of education may designate hearing panels composed of not less than two
members of the board to hear such appeals in the name of the board of
a hearing officer to hear such appeals for fact-finding and a recommended
decision, or both. If both are designated, an applicant must select the entity
to hold the hearing. The hearing panel's recommendations or the
hearing officer's recommended findings of fact and recommended decision shall
be submitted to the board of education for final determination.
(c) At the hearing the local board of education shall consider the best interest of the child, the orderly and efficient administration of the public schools, the proper administration of the school to which reassignment is requested and the instruction, health, and safety of the pupils there enrolled, and shall assign said child in accordance with such factors. The local board shall render prompt decision upon the hearing, and notice of the decision shall be given to the applicant by registered or certified mail."
SECTION 2. This act is effective when it becomes law.