Company: North Carolina General Assembly

North Carolina Attorney General Opinion

Part 2.  Student Records and Fees.
§ 115C‑384.  Student records and fees.
(a)	In General. – The local board of education has the power to regulate fees, charges and solicitations subject to the provisions of G.S. 115C‑47(6).
(b)	Refund of Fees upon Transfer of Pupils.
(1)	As used in this subsection:
a.	"Month" shall mean 20 school days.
b.	"First semester" shall mean the first 90 teaching days of the 180 days of the school year.
c.	"Second semester" shall mean the last 90 teaching days of the 180 days of the school year.
d.	"Term" shall have the same meaning as that of first semester or second semester.
(2)	In all cases where pupils of a local school administrative unit of the public school system transfer to some other public school in another local school administrative unit or such pupils are compelled to leave the school in which they are enrolled because of some serious or permanent illness, or for any other good and valid reason, then such pupils or their parents shall be entitled to a refund of the fees and charges paid by them as follows:
a.	If the transfer or departure of the pupils from the school in which they are enrolled takes place within one month after enrollment, then all such fees and charges shall be refunded in full.
b.	If the transfer or leaving the school on the part of said pupils takes place after the first month and before the middle of the first semester, then one half of the fees for the first semester shall be refunded, and all fees and charges for the second semester shall be refunded.
c.	If the pupils transfer or leave the school after the middle of the first semester, then no first semester fees or charges shall be refunded.
d.	If the fees and charges on the part of such pupils have been paid for a year and such pupils transfer or leave the school at the end of the first semester or within the first month of the second semester, then all second semester fees and charges shall be refunded in full.
e.	If the fees and charges herein described and set forth have been paid for one year, and the pupils transfer or leave the school before the middle of the second semester, then one half of the second semester fees shall be refunded.
f.	The words "fees" and "charges" as used in this subsection shall not include any fees or charges paid for insurance or fees charged for expendable materials.
g.	If the pupils transfer or leave the school after the middle of the second semester, then no fees shall be refunded.
h.	If the amount of total refund as determined by this subsection shall be less than one dollar ($1.00), no refund shall be paid.
(3)	The principal shall be responsible for refunding fees and charges at the place of the collection of the fees and charges by check made payable to the parent or guardian of pupils leaving the school as noted in subdivision (2) above.
(c)	Rental Fees for Textbooks Prohibited; Damage Fees Authorized. – No rental fees are permitted for the use of textbooks, but damage fees may be collected pursuant to the provisions of G.S. 115C‑100. (1969, c. 756; 1981, c. 423, s. 1.)

G.S. 115c-384		Page