A BILL TO BE ENTITLED
AN ACT to revise suspension policies in public school units by defining lengths of suspension, limiting the use of suspension, CREATING A RIGHT OF APPEAL FOR SHORT‑TERM SUSPENSION, DEFINing WHAT CONSTITUTES REASONABLE PARENTAL NOTIFICATION of disciplinary actions, prohibiting the use of corporal punishment, and requiring child care providers to report DISCIPLINARY actions in early child care settings.
The General Assembly of North Carolina enacts:
SECTION 1.(a)  G.S. 115C‑12(27) reads as rewritten:
"(27)	Reporting Dropout Rates, Suspensions, Expulsions, and Alternative Placements. – The State Board shall report by March 15 of each year to the Joint Legislative Education Oversight Committee on the numbers of students who have dropped out of school, been suspended, been expelled, been reassigned for disciplinary purposes, or been provided alternative education services. The data shall be reported in a disaggregated manner, reflecting the local school administrative unit, race, gender, grade level, ethnicity, and disability status of each affected student. Such data shall be readily available to the public. The State Board shall not include students that have been expelled from school when calculating the dropout rate. The Board shall maintain a separate record of the number of students who are expelled from school and the reasons for the expulsion."
SECTION 1.(b)  G.S. 115C‑107.7 reads as rewritten:
"§ 115C‑107.7.  Discipline and homebound instruction.
(a)	The policies and procedures for the discipline of students with disabilities shall be consistent with federal laws and regulations.
	
…."
SECTION 1.(c)  G.S. 115C‑276(r) reads as rewritten:
"(r)	To Maintain Student Discipline. – The superintendent shall maintain student discipline in accordance with Article 27 of this Chapter and shall keep data on each student who was suspended for more than 10 days, who was reassigned for disciplinary reasons, or who was expelled. This data shall include the race, gender, age, grade level, ethnicity, and disability status of each student, the duration of suspension for each student, whether alternative education services were provided for each student, and whether a student had multiple suspensions in that academic year."
SECTION 1.(d)  G.S. 115C‑390.1 reads as rewritten:
"§ 115C‑390.1.  State policy and definitions.
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(b)	The following definitions apply in this Article:
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(6a)	Intermediate‑term suspension. – The exclusion for more than 20, but no more than 42, cumulative school days of a student from school attendance for disciplinary purposes from the school to which the student was assigned at the time of the disciplinary action.
(6b)	In‑school suspension. – The exclusion of a student from the classroom for disciplinary purposes while the student remains on school grounds.
(7)	Long‑term suspension. – The exclusion for more than 43 school days of a student from school attendance for disciplinary purposes from the school to which the student was assigned at the time of the disciplinary action. If the offense leading to the long‑term suspension occurs before the final quarter of the school year, the exclusion shall be no longer than the remainder of the school year in which the offense was committed. If the offense leading to the long‑term suspension occurs during the final quarter of the school year, the exclusion may include a period up to the remainder of the school year in which the offense was committed and the first semester of the following school year.
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(9a)	Reasonable attempt. – Initiating contact with a parent or guardian and, if unsuccessful, documenting each attempt to contact the parent or guardian at least once a day for a least three consecutive days. Documentation of communication attempts shall include the means of communication, date, and time. For the initial contact, school personnel must utilize at least two of the following means of communication:
a.	Telephone call.
b.	Electronic communication, including email or text messaging.
c.	Written communication, including certified mail or hand delivery to the parent by school personnel.
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(12)	Short‑term suspension. – The exclusion of a student from school attendance for disciplinary purposes for up to 20 cumulative school days from the school to which the student was assigned at the time of the disciplinary action.
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(b1)	Notice to a parent under this Article shall be written in plain language and easy to understand. If the school is aware that a parent has a primary language other than English, the school shall provide a copy of the written notice in both the primary language of the parent and in English.
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SECTION 1.(e)  G.S. 115C‑390.2 reads as rewritten:
"§ 115C‑390.2.  Discipline policies.
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(d)	Governing body policies shall not allow students to be suspended from school solely for truancy or tardiness offenses. Governing boards are encouraged to implement truancy and tardiness policies that focus on intervention strategies aimed at addressing the root cause of absenteeism, promoting attendance through positive reinforcement and engagement.
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(h)	Governing body policies shall include the procedures to be followed by school officials in suspending or expelling any student, which shall be consistent with this Article.
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(j)	Governing bodies of public school units are encouraged to use research‑based behavior management programs that take positive approaches to improving student behaviors.
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(n)	Governing bodies of public school units shall adopt a policy for in‑school suspension. A student may not be placed in in‑school suspension for more than five consecutive school days per suspension period, for more than 15 suspension periods in a school year, or for more than 40 cumulative school days per school year. The school shall make a reasonable attempt to notify a student's parent that the student has been assigned to in‑school suspension within one hour of the end of the school day during which the student was recommended for the suspension.
(o)	Governing body policies shall not restrict physical activity, such as recess, as a form of punishment.
(p)	Governing body policies shall not require a student to be detained for disciplinary purposes for more than one hour after the school day's official end.
(q)	Governing body policies shall not authorize suspension for students in kindergarten through third grade except when required by federal law. Suspension for students in these grades is permitted for up to five school days per incident but only if the school administration, in consultation with a school psychologist or other mental health professional, determines that there is an imminent threat of serious harm to other students or staff that cannot be addressed through interventions and supports. This subsection shall also apply to students enrolled in a prekindergarten program run by a public school unit."
SECTION 1.(f)  G.S. 115C‑390.4 reads as rewritten:
"§ 115C‑390.4.  Corporal punishment prohibited.
(a)	Corporal punishment is prohibited. Use of physical restraint in accordance with federal law and G.S. 115C‑391.1 and reasonable use of force pursuant to G.S. 115C‑390.3 shall not be considered corporal punishment.

	

	

	

	
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SECTION 1.(g)  G.S. 115C‑390.5 reads as rewritten:
"§ 115C‑390.5.  Short‑term suspension.
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(b)	A student may be placed on short‑term suspension for no more than 10 consecutive school days per suspension period and for no more than 20 cumulative school days per school year.
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SECTION 1.(h)  G.S. 115C‑390.6 reads as rewritten:
"§ 115C‑390.6.  Short‑term suspension procedures.
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(c)	The principal shall provide notice to the student's parent of any short‑term suspension, including the reason for the suspension and a description of the alleged student conduct upon which the suspension is based. The principal shall make a reasonable attempt to notify the parent of the suspension within one hour of the end of the school day during which the student was assigned short‑term suspension. The notice shall be given by certified mail, telephone, facsimile, e‑mail, or any other method reasonably designed to achieve actual notice.
	
(e)	A student is entitled to appeal the principal's decision to impose a short‑term suspension to the superintendent only if (i) the current period of suspension the student is appealing is for three days or more and (ii) the student will have a cumulative 15 days or more of short‑term suspension at the end of the suspension period being appealed. The decision of the superintendent is not subject to judicial review. Notwithstanding this subsection, the governing body, in its discretion, may provide students an opportunity for a review or appeal of a short‑term suspension from the superintendent to the governing body."
SECTION 1.(i)  Article 27 of Chapter 115C of the General Statutes is amended by adding the following two new sections to read:
"§ 115C‑390.6A.  Intermediate‑term suspension.
(a)	A principal may recommend to the superintendent the intermediate‑term suspension of any student who willfully engages in conduct that violates a provision of the Code of Student Conduct that authorizes intermediate‑term suspension.
(b)	A student may be placed on intermediate‑term suspension for no more than 21 consecutive school days per suspension period and for no more than 42 cumulative school days per school year.
(c)	A student recommended for intermediate‑term suspension shall be offered the opportunity for a hearing consistent with the provisions of G.S. 115C‑390.6B.
(d)	Only the superintendent has the authority to intermediate‑term suspend a student. If the student recommended for intermediate‑term suspension declines the opportunity for a hearing, the superintendent shall review the circumstances of the recommended suspension. Following such review, the superintendent may do any of the following:
(1)	Impose the suspension if it is consistent with board policy.
(2)	Impose another appropriate penalty authorized by board policy.
(3)	Decline to impose any penalty.
(e)	A student subject to intermediate‑term suspension shall be provided the following:
(1)	The opportunity to take instructional materials home for the duration of the suspension.
(2)	Upon request, the right to receive all missed assignments.
(3)	The opportunity to take quarterly, semester, or grading period examinations missed during the suspension period.
"§ 115C‑390.6B.  Intermediate‑term suspension procedures.
(a)	When a student is recommended by the principal for intermediate‑term suspension, the principal shall make a reasonable attempt to give written notice to the student's parent within one hour of the end of the workday during which the suspension was recommended. The written notice shall provide at least the following information:
(1)	A description of the incident and the student's conduct that led to the intermediate‑term suspension recommendation.
(2)	A reference to the provisions of the Code of Student Conduct that the student is alleged to have violated.
(3)	The specific process by which the parent may request a hearing to contest the decision, including the number of days within which the hearing must be requested.
(4)	The process by which a hearing will be held, including, at a minimum, the procedures described in G.S. 115C‑390.8(e).
(5)	Notice that the parent is permitted to retain an attorney to represent the student in the hearing process.
(6)	The extent to which the governing body policy permits the parent to have an advocate, instead of an attorney, accompany the student to assist in the presentation of his or her appeal.
(7)	Notice that the parent has the right to review and obtain copies of the student's educational records before the hearing.
(8)	A reference to the governing body policy on the expungement of discipline records as required by G.S. 115C‑402.
(b)	No intermediate‑term suspension shall be imposed on a student until an opportunity for a hearing has been offered to the student.
(c)	To opt out of the hearing, the student must affirmatively decline the hearing in writing, and the superintendent shall follow the procedures described in G.S. 115C‑390.6A(d).
(d)	If a hearing is not declined, it shall be held and a decision issued before an intermediate‑term suspension is imposed, in accordance with the following:
(1)	If the student or parent requests a postponement of the hearing, or if the hearing is requested beyond the time set for such request, the hearing shall be scheduled, but the student shall not have the right to return to school pending the hearing.
(2)	The student and parent shall be given reasonable notice of the time and place of the hearing. If neither the student nor parent appears for the hearing, the parent and student are deemed to have waived the right to a hearing, and the superintendent shall conduct the review required by G.S. 115C‑390.6A(d).
(e)	The hearing may be conducted by the superintendent or by a person or group of persons appointed by the superintendent to serve as a hearing officer or hearing panel. The superintendent shall not appoint an individual to serve as a hearing officer or on a hearing panel who is under the direct supervision of the principal recommending suspension. If the hearing is conducted by an appointed hearing officer or hearing panel, such officer or panel shall determine the relevant facts and credibility of witnesses based on the evidence presented at the hearing. Following the hearing, the superintendent shall make a final decision regarding the suspension. The superintendent shall adopt the hearing officer's or panel's factual determinations unless they are not supported by substantial evidence in the record.
(f)	Intermediate‑term suspension hearings shall be conducted in accordance with the requirements of G.S. 115C‑390.8(e).
(g)	Following the issuance of the decision, the superintendent shall authorize the student's return to school or impose the suspension reflected in the decision.
(h)	A student may appeal an intermediate‑term suspension decision to the local board of education in accordance with G.S. 115C‑45(c) and policies adopted by the governing body of the public school unit. Notwithstanding G.S. 115C‑45(c), a student's appeal to the governing body of a decision upholding an intermediate‑term suspension shall be heard and a final written decision issued in not more than 30 calendar days following the request for such appeal.
(i)	Nothing in this section shall compel school officials to release names or other information that could allow the student or his or her representative to identify witnesses when such identification could create a safety risk for the witness.
(j)	A decision of the governing body of the public school unit to uphold the intermediate‑term suspension of a student is subject to judicial review in accordance with Article 4 of Chapter 150B of the General Statutes. The action must be brought within 30 days of the governing body's decision. A person seeking judicial review shall file a petition in the superior court of the county where the governing body made its decision. Local rules notwithstanding, petitions for judicial review of an intermediate‑term suspension shall be set for hearing in the first succeeding term of superior court in the county following the filing of the certified copy of the official record."
SECTION 1.(j)  G.S. 115C‑390.7 reads as rewritten:
"§ 115C‑390.7.  Long‑term suspension.
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(b)	Before the superintendent's imposition of a long‑term suspension, the student must be provided a hearing consistent with G.S. 115C‑390.8.
	
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SECTION 1.(k)  G.S. 115C‑390.8 reads as rewritten:
"§ 115C‑390.8.  Long‑term suspension procedures.
(a)	When a student is recommended by the principal for long‑term suspension, the principal shall make a reasonable attempt to give written notice to the student's parent within one hour of the end of the workday during which the suspension was recommended. The written notice shall provide at least the following information:
(1)	A description of the incident and the student's conduct that led to the long‑term suspension recommendation.
(2)	A reference to the provisions of the Code of Student Conduct that the student is alleged to have violated.
	
(4)	The process by which a hearing will be held, including, at a minimum, the procedures described in subsection (e) of this section.
(5)	Notice that the parent is permitted to retain an attorney to represent the student in the hearing process.
(6)	The extent to which the governing body policy permits the parent to have an advocate, instead of an attorney, accompany the student to assist in the presentation of his or her appeal.
(7)	Notice that the parent has the right to review and obtain copies of the student's educational records before the hearing.
(8)	A reference to the governing body policy on the expungement of discipline records as required by G.S. 115C‑402.

	
	
(c)	No long‑term suspension shall be imposed on a student unless a formal hearing is provided in accordance with the following:
	
(2)	If the student or parent requests a postponement of the hearing, the hearing shall be scheduled, but the student shall not have the right to return to school pending the hearing.
(3)	The student and the parent shall be given reasonable notice of the time and place of the hearing. If neither the student nor parent appears for the hearing, the parent and student are deemed to have waived the right to a hearing and the superintendent shall conduct a review of the recommendation in accordance with the requirements of G.S. 115C‑390.6A(d).
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SECTION 1.(l)  G.S. 115C‑390.11(a) reads as rewritten:
"(a)	Upon recommendation of the superintendent, a governing body of a public school unit may expel any student 14 years of age or older whose continued presence in school constitutes a clear threat to the safety of other students or school staff. Prior to the expulsion of any student, the governing body shall conduct a hearing to determine whether the student's continued presence in school constitutes a clear threat to the safety of other students or school staff. The student shall be given reasonable notice of the recommendation in accordance with G.S. 115C‑390.8(a) and (b), as well as reasonable notice of the time and place of the scheduled hearing. The following provisions apply:
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SECTION 1.(m)  G.S. 115C‑391.1 reads as rewritten:
"§ 115C‑391.1.  Permissible use of seclusion and restraint.
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(j)	Notice, Reporting, and Documentation. –
(1)	Notice of procedures. – Each governing body of a public school unit shall provide copies of this section and all governing body policies developed to implement this section to school personnel and parents or guardians at the beginning of each school year.
(2)	Notice of specified incidents:
a.	School personnel shall promptly notify the principal or principal's designee of:
1.	Any use of aversive procedures.
2.	Any prohibited use of mechanical restraint.
3.	Any use of physical restraint resulting in observable physical injury to a student.
4.	Any prohibited use of seclusion or seclusion that exceeds 10 minutes or the amount of time specified on a student's behavior intervention plan.
	
(3)	As used in subdivision (2) of this subsection, "promptly notify" means by the end of the workday during which the incident occurred when reasonably possible, but in no event later than the end of following workday.
(4)	The principal or the principal's designee shall make a reasonable attempt to notify a parent or guardian of any incident reported under this section within one hour of the end of the school day during which the incident occurred.
(4a)	A parent notified under subdivision (4) of this subsection shall receive a written incident report within a reasonable amount of time but in no event later than 30 days after the incident. The written incident report shall include:
a.	The date, time of day, location, duration, and description of the incident and interventions.
b.	The events or events that led up to the incident.
c.	The nature and extent of any injury to the student.
d.	The name of a school employee the parent or guardian can contact regarding the incident.
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SECTION 1.(n)  G.S. 115C‑391.2 is amended by adding a new subsection to read:
"(c)	The school shall make a reasonable attempt to notify a student's parent before any student search or interrogation is conducted and, if unsuccessful, within one hour of the end of the school day during which the search was conducted."
SECTION 2.(a)  G.S. 6‑21.4 is repealed.
SECTION 2.(b)  This section is effective when it becomes law, applies beginning with the 2025‑2026 school year, and does not apply to civil actions arising from the use of corporal punishment prior to the effective date of this act.
SECTION 3.  Part 10B of Article 3 of Chapter 143B of the General Statutes is amended by adding a new section to read:
"§ 143B‑168.10L.  Disciplinary actions in early child care settings.
All early child care providers, including public school units, as defined in G.S. 115C‑5, and private schools offering prekindergarten services in this State, shall annually report to the Department of Public Instruction detailed data on suspensions and expulsions. The data shall include (i) the number of suspension or expulsion actions taken, (ii) the reasons for the suspension or expulsion, (iii) the duration of the suspension or expulsion, and (iv) the demographic information of the students suspended or expelled, appropriately redacted to adhere to applicable privacy laws. The Department of Public Instruction shall analyze the data collected pursuant to this section to identify patterns and inform strategies for minimizing suspensions and expulsions, while emphasizing non‑exclusionary disciplinary practices. The Department of Public Instruction shall issue any specific reporting guidelines and formats on data collected under this section, consistent with any federal law and data the Department of Public Instruction may currently collect on disciplinary actions in early child care settings."
SECTION 4.  There is appropriated from the General Fund to the Department of Public Instruction the sum of two million dollars ($2,000,000) in nonrecurring funds for the 2025‑2026 fiscal year to assist the Department in developing and distributing guidance to public school units on how to implement the requirements of this act.
SECTION 5.  This act becomes effective July 1, 2025, and applies beginning with the 2025‑2026 school year.