GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2007
SESSION LAW 2007-501
HOUSE BILL 488
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.
s/ Beverly E. Perdue
President of the Senate
s/ Joe Hackney
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 12:50 p.m. this 30th day of August, 2007