GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

S	1 

SENATE BILL 544

Short Title:  Limit Sch. Appeals/Large Counties.	(Public)

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Sponsors: Senators Horton; and Garrou.

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Referred to:  Judiciary II.

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March 29, 1999

A BILL TO BE ENTITLED
AN ACT TO LIMIT APPEALS TO LOCAL BOARDS OF EDUCATION IN LARGE URBAN SCHOOL SYSTEMS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 115C-45(c) reads as rewritten:
"(c)	Appeals to Board of Education and to Superior Court. – Each local board of education shall adopt a grievance procedure for hearing appeals of students, parents of students, and employees.  An appeal shall lie from the decision of the superintendent, associate superintendent, deputy superintendent, assistant superintendent, and all other school administrators as defined in G.S. 115C-287.1(a)(3) to the appropriate local board of education regarding:
(1)	The discipline of a student taken under G.S. 115C-391(c), (d), (d1), or (d2);
(2)	Discrimination on the basis of race, religion, national origin, handicap, or gender;
(3)	A violation of federal law, State law, State Board of Education policy, State rule, or local board policy;
(4)	A violation of an employee's contract of employment; and
(5)	Any other decision that by statute is subject to an appeal to the local board of education.
In addition, a local board of education may in its discretion grant a hearing regarding any decision of school personnel within a local school administrative unit.
In all appeals to the board it is the duty of the board of education to see that a proper notice is given to all parties concerned and that a record of the hearing is properly entered in the records of the board conducting the hearing.
The board of education may require that a grievance be submitted to the school principal and the superintendent before appealing to the board.  The board may designate hearing panels composed of not less than two members of the board to hear and act upon appeals in the name and on behalf of the board of education.
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Section 2.  G.S. 115C-305 is repealed.
Section 3.  This act applies only to local school administrative units with an average daily membership of 20,000 or more students.
Section 4.  This act becomes effective August 1, 1999, and applies to decisions by school personnel on or after that date.