GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2007
H 3
HOUSE BILL 488
Committee Substitute Favorable 5/10/07
Senate Education/Public Instruction Committee Substitute Adopted 7/19/07
Short Title: Alternative Hearing Before School Reassign. |
(Public) |
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Sponsors: |
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Referred to: |
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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:
"§ 115C-369. Application for reassignment; notice of disapproval; hearing before board.
(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 hearing,
and shallhearing. The applicant shall be entitled to a prompt and
fair hearing on the question of reassignment of such child to a different
school.
(b) The local
board of education may shall designate hearing panels composed of
not less than two members of the board to hear such appeals in the name of the
board of education.education, and may designate a hearing officer to
hear such appeals for fact-finding and a recommended decision, or may designate
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. mail, telephone,
telefax, e-mail, or any other method reasonably designed to achieve notice."
SECTION 2. This act is effective when it becomes law.