GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2007

 

 

HOUSE BILL 488

RATIFIED BILL

 

 

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 shall make a final determination on the question of reassignment. The board of education may establish initial hearings prior to the final determination.  If the board of education establishes initial hearings, the 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.

In the General Assembly read three times and ratified this the 26th day of July, 2007.

 

 

 

 

                                                                        _____________________________________

                                                                         Beverly E. Perdue

                                                                         President of the Senate

 

 

 

 

                                                                        _____________________________________

                                                                         Joe Hackney

                                                                         Speaker of the House of Representatives

 

 

 

 

                                                                        _____________________________________

                                                                         Michael F. Easley

                                                                         Governor

 

 

Approved __________.m. this ______________ day of ___________________, 2007