According to the North Carolina Compulsory Attendance Law, youths between the ages of 7 and 16 must attend public or private school. Students who fail to attend school regularly may be brought into juvenile court as undisciplined juveniles.
2. If a youth is temporarily unable to attend school due to a physical problem, is home instruction available?
Some school systems provide instruction at home for students who cannot attend regular classes. For information on a specific community, contact the principal of the local school.
3. Is the use of corporal punishment in schools legal in North Carolina?
Corporal punishment is the use of a hand, paddle, strap or other instrument to inflict physical pain on a child. It is legal, except as restricted or prohibited by rules adopted by the local board of education. There are required policies and procedures that local schools must follow when administering corporal punishment, such as where the punishment may be administered and who may administer it. Reasonable force, including corporal punishment, may be used without following these procedures when necessary to control behavior or remove a person from the scene in certain situations. Check your local school board policies on discipline to find out whether your school district permits the use of corporal punishment and for details on policies, procedures and exemptions.
4. Are students subject to dress codes while in school?
Yes, students are subject to the dress code policy as set by their local school boards.
5. How does the constitutional right to freedom of expression relate to students?
Students have the constitutional right to express their opinions. However, individual schools have the right to reasonably limit this right by regulating when and where such expressions can occur. Furthermore, libelous, obscene material that can be predicted to substantially disrupt school activities, as well as material that encourages actions endangering student health or safety, can be forbidden.
6. Must students pay for school property they damage?
If a student willfully destroys school property or takes action that causes the destruction of school property, the student and the parents of the student may be held responsible for the damages.
7. How does the constitutional right to be free from unrea- sonable searches and seizures relate to students?
A school official may search a student, the student's property or locker without permission if there are reasonable grounds to believe that the student may possess weapons, may have committed a crime or may have violated a school rule and that the search will produce evidence of the crime, contraband or rule violation.
8. What happens if a student brings a weapon to school?
School principals are required to report firearm possession and certain other acts of violence occurring on school property to the local law enforcement agency. A student who carries a firearm or explosive onto school property commits a Class I felony, which is punishable by up to five years in prison, a fine or both. A student who possesses a weapon used to threaten and/or injure another individual commits a Class 1 misdemeanor, which is punishable by up to two years in prison, a fine or both. In addition, the General Assembly has set minimum suspension and expulsion guidelines for students who bring weapons to school. A student who possesses a firearm must be suspended from school for at least 365 days.
9. How can students get involved in preventing violence in their schools?
One way to help is to establish or become a member of a local chapter of SAVE (Students Against Violence Everywhere). This is a student-led, school-based organization created to promote non-violence in schools and to develop a consistent, non-violent school climate. For more information and other suggestions on violence prevention, contact the North Carolina Center for the Prevention of School Violence by calling toll-free, 1-800-299-6054. Staff development for conflict management and for peer mediation programs is available from: North Carolina Department of Public Instruction; North Carolina Peer Helpers Association; Mediation Network of North Carolina; Department of 4-H Youth Development, North Carolina State University; and North Carolina Center for the Prevention of School Violence.
10. What rights do students and their parents have regarding the student's school records?
A student's parents and students who are 18 or older have the following rights:
1) the right to inspect and review the records;
2) the right to a response from the school to a reasonable request for explanations and interpretations of the records;
3) the right to obtain copies of the records from the school if failure to provide copies would effectively prevent inspection;
4) the right to request amendment of records believed to be inaccurate, misleading or in violation of the student's privacy or other rights;
5) the right to a hearing if such amendment is denied;
6) the right to limit who will be able to view the records;
7) the right to receive a list of those individuals who have been permitted to see the records; and
8) the right to be informed of these rights by school officials.
11. What procedure must be followed to inspect school records?
The student or the student's parents must make a request to the school to inspect the records, and the school must make the records available within 45 days after the request is made. Most schools require that the records be viewed at the school.
12. If not in agreement or dissatisfied with the contents of a student's records, how may the student or his/her parents have the records changed?
A student's parents or a student who is 18 or older may request that a school change the contents of the student's school records if they are inaccurate, misleading or a violation of the student's rights. If the request is refused, the student or his/her parents must be informed of their right to a hearing, which would be provided by the school.
13. What are the rights of a student who is being suspended or expelled?
If a student is to be suspended for 10 days or less, the school must provide an explanation for the suspension, present the evidence the authorities have for the accusation, allow the student to present his/her version of the situation, and tell the student what evidence the school can produce to support the charges. For any suspension longer than 10 days or for an expulsion, the student and the student's parents have the following rights:
1) the right to written notice explaining the charges and punishment;
2) the right to a hearing conducted by an impartial school administrator;
3) the right to be told ahead of time the date of the hearing;
4) the right to see and copy any documents to be used at the hearing;
5) the right to have a record of the hearing;
6) the right to a decision based only on the evidence shown at the hearing;
7) the right to appeal the decision to the local school board; and
8) the right to appeal the school board's decision to the District Court .
There are also possible rights to an attorney and to question witnesses.
14. Who has the power to suspend a student from school?
The principal or a representative of the principal has the authority to suspend a student for up to 10 days. The local school superintendent has the authority to suspend students for more than 10 days.
15. What is required for a student to be expelled from school?
The student must be at least 14 years old and there be clear and convincing evidence that the student's continued presence constitutes a clear threat to the safety of other students or school employees.
16. May a pregnant student remain in school throughout her pregnancy?
A school may not prohibit a student from school attendance or participation in extracurricular activities because of her pregnancy. Some school systems offer special classes and extracurricular activities for pregnant students; other schools may require a medical certificate stating that it is medically acceptable for a particular student to participate in school programs; however, a school may require this only if it requires the same of students with other medical or emotional problems.
17. Are pregnant students required to participate in physi- cal education classes?
Apregnant student may be excused from physical education by presenting a doctor's certification stating that it would be physically dangerous for the student to participate in physical education courses.
18. May pregnant students receive homebound instruction if they cannot remain in school during their pregnancy?
Yes, if such instruction is necessary, because pregnant students are considered students with special needs. Pregnancy of a student under age 16 does not exempt the student from the Compulsory Attendance Act. Schools are required to provide homebound instruction for all students who are unable to attend school for four weeks or more.
19. What steps should be taken by a student who plans to attend college?
Students who want to attend college should start planning early, even as early as middle school, and certainly throughout high school. A good first step is to talk with the school guidance counselor. The counselor will be able to provide information on the most suitable colleges. Many high schools have career days or college days for their students. The next step is to write to those colleges for a college catalogue and an admissions application. The catalogue will provide detailed information on the college's policies, curriculum, admission requirements, availability of financial aid, etc. Students may also want to consider visiting, if possible, the college campuses in which they are most interested. Contact the admissions office to set up a tour of the campus and to meet with someone who can answer your questions. Whether or not a student is able to visit campuses, he/she should select the one or few colleges that seem most suitable and then submit applications to them. Colleges and universities usually charge a fee to process an application. However, most institutions have a procedure for obtaining a waiver of the fee if a student's financial resources are limited. It is recommended that students apply early for both admissions and financial aid. Information on North Carolina's public and private/independent colleges and universities and community colleges can be found at the State of North Carolina's Homepage at www.ncgov.com. Click on NC Agencies and then click on Education. The Federal Student Aid Information Center can be contacted by calling 1-800-433-3243.
20. If a student does not want to attend college, what other opportunities are available?
There are many vocational training programs available. The school guidance office and the yellow pages of the telephone book can provide some information on possibilities. The armed services are also an option for men and women. There are a few jobs that do not require training beyond high school; however, education is increasingly important to higher pay and advancement. A student who discusses future plans with the school counselor and parents, beginning in middle school and continuing through high school, may find the advice of these trusted adults helpful in preparing for life after high school.
21. Where may students find information about choosing a career?
Many local public libraries have resources for college and career planning, such as the Occupational Outlook Handbook, the Dictionary of Occupational Titles, the College Planning Guide, and several computerized career search programs funded by federal and state sources.
NOTE: For the Department of Public Instruction's Dropout Prevention/Driver's License Guidelines and the Lose Control Lose Your License Guidelines please see the Transportation chapter.