GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

H                                                                                                                                                    1

HOUSE BILL 1682*

 

 

Short Title:        Ban Corp. Punish. for Children W/Disabilit.

(Public)

Sponsors:

Representatives Glazier, M. Alexander, Lucas, Rapp (Primary Sponsors);  Adams, Brown, Carney, Cotham, Earle, Farmer-Butterfield, Fisher, Gill, Goforth, Harrison, Hughes, Insko, Jackson, Johnson, Jones, Luebke, Mobley, Neumann, Parfitt, Pierce, Tarleton, Weiss, Whilden, and Yongue.

Referred to:

Education, if favorable, Judiciary II.

May 13, 2010

A BILL TO BE ENTITLED

AN ACT to prohibit the use of corporal punishment for students with disabilities as recommended by the joint legislative education oversight committee.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 115C-107.7 reads as rewritten:

" 115C-107.7.  Discipline Discipline, corporal punishment, and homebound instruction.

(a)        The policies and procedures for the discipline of students with disabilities shall be consistent with federal laws and regulations.

(a1)      Corporal punishment shall not be administered on students with disabilities.

(b)        If a change of placement occurs under the discipline regulations of IDEA, a local educational agency shall not assign a student to homebound instruction without a determination by the student's IEP team that the homebound instruction is the least restrictive alternative environment for that student. If it is determined that the homebound instruction is the least restrictive alternative environment for the student, the student's IEP team shall meet to determine the nature of the homebound educational services to be provided to the student. In addition, the continued appropriateness of the homebound instruction shall be evaluated monthly by the designee or designees of the student's IEP team.

(c)        (Effective January 1, 2009, and expires March 1, 2011 - see notes) A local educational agency shall be deemed to have a "basis of knowledge" that a child is a child with a disability if, prior to the behavior that precipitated the disciplinary action, the behavior and performance of the child clearly and convincingly establishes the need for special education. Prior disciplinary infractions shall not, standing alone, constitute clear and convincing evidence."

SECTION 2.  G.S. 115C-391(a) reads as rewritten:

"(a)       Local boards of education shall adopt policies not inconsistent with the provisions of the Constitutions of the United States and North Carolina, governing the conduct of students and establishing procedures to be followed by school officials in suspending or expelling any student, or in disciplining any student if the offensive behavior could result in suspension, expulsion, or the administration of corporal punishment. Local boards of education shall include a reasonable dress code for  students in these policies.

The policies that shall be adopted for the administration of corporal punishment shall include at a minimum the following conditions:

(1)        Corporal punishment shall not be administered in a classroom with other children students present;

(1a)      As provided in G.S. 115C-107.7(a1), corporal punishment shall not be administered on a student who is a child with a disability as defined in G.S. 115C-106.3(1);

(2)        The student body shall be informed beforehand what general types of misconduct could result in corporal punishment;

(3)        Only a teacher, substitute teacher, principal, or assistant principal may administer corporal punishment and may do so only in the presence of a principal, assistant principal, teacher, substitute teacher, teacher assistant, or student teacher, who shall be informed beforehand and in the student's presence of the reason for the punishment; and

(4)        An appropriate school official shall provide the child's student's parent or guardian with notification that corporal punishment has been administered, and upon request, the official who administered the corporal punishment shall provide the child's student's parent or guardian a written explanation of the reasons and the name of the second school official who was present.

Each local board shall publish all the policies mandated by this subsection and make them available to each student and his each student's parent or guardian at the beginning of each school year. Notwithstanding any policy adopted pursuant to this section, school personnel may use reasonable force, including corporal punishment, to control behavior or to remove a person from the scene in those situations when necessary:

(1)        To quell a disturbance threatening injury to others;

(2)        To obtain possession of weapons or other dangerous objects on the person, or within the control, of a student;

(3)        For self-defense;

(4)        For the protection of persons or property; or

(5)        To maintain order on school property, in the classroom, or at a school-related activity on or off school property."

SECTION 3.  This act is effective when it becomes law and applies beginning with the 2010-2011 school year.