| 14 | 13 | | A BILL TO BE ENTITLED 1 |
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| 15 | 14 | | AN ACT TO INCREASE PROTECTIONS FOR SCHOOL EMPLOYEES THAT USE 2 |
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| 16 | 15 | | REASONABLE FORCE . 3 |
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| 17 | 16 | | The General Assembly of North Carolina enacts: 4 |
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| 18 | 17 | | SECTION 1. G.S. 115C-390.3 reads as rewritten: 5 |
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| 19 | 18 | | "ยง 115C-390.3. Reasonable force. 6 |
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| 20 | 19 | | (a) School personnel may use physical restraint only in accordance with 7 |
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| 21 | 20 | | G.S. 115C-391.1. 8 |
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| 22 | 21 | | (b) School personnel may use reasonable force to control behavior or to remove a person 9 |
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| 23 | 22 | | from the scene in those situations when necessary for any of the following reasons: 10 |
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| 24 | 23 | | (1) To correct students. 11 |
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| 25 | 24 | | (2) To quell a disturbance threatening injury to others. 12 |
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| 26 | 25 | | (3) To obtain possession of weapons or other dangerous objects on the person, or 13 |
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| 27 | 26 | | within the control, of a student. 14 |
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| 28 | 27 | | (4) For self-defense. 15 |
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| 29 | 28 | | (5) For the protection of persons or property. 16 |
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| 30 | 29 | | (6) To maintain order on educational property, in the classroom, or at a 17 |
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| 31 | 30 | | school-related activity on or off educational property. 18 |
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| 32 | 31 | | (b1) Use of force under subsection (b) of this section shall be presumed to be reasonable 19 |
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| 33 | 32 | | in all investigative, administrative, and adversarial proceedings. The presumption may be 20 |
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| 34 | 33 | | overcome if a local board of education, a designee of the local board of education, the State Board 21 |
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| 35 | 34 | | of Education, a designee of the State Board of Education, or a court of competent jurisdiction 22 |
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| 36 | 35 | | determines, by a preponderance of the evidence, that the use of force was not reasonable. 23 |
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| 37 | 36 | | (c) Notwithstanding any other law, no officer, member, or employee of the State Board 24 |
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| 38 | 37 | | of Education, the Superintendent of Public Instruction, or of a governing body of a public school 25 |
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| 39 | 38 | | unit, individually or collectively, shall be civilly liable for using reasonable force in conformity 26 |
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| 40 | 39 | | with State law, State or local rules, or State or local policies regarding the control, discipline, 27 |
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| 41 | 40 | | suspension, and expulsion of students. Furthermore, the burden of proof is on the claimant to 28 |
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| 42 | 41 | | show that the amount of force used was not reasonable. 29 |
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| 43 | 42 | | (d) No school employee shall be reprimanded or dismissed for acting or failing to act to 30 |
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| 44 | 43 | | stop or intervene in an altercation between students if the employee's actions are consistent with 31 |
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| 45 | 44 | | governing body policies. Governing bodies of public school units shall adopt policies, pursuant 32 |
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| 46 | | - | to their authority under G.S. 115C-47(18), or as otherwise provided by law, which provide 33 General Assembly Of North Carolina Session 2025 |
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| 47 | | - | Page 2 House Bill 872-First Edition |
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| 48 | | - | guidelines for an employee's response if the employee has personal knowledge or actual notice 1 |
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| 49 | | - | of an altercation between students. 2 |
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| 50 | | - | (e) The governing body of a public school unit may not retaliate against or dismiss school 3 |
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| 51 | | - | personnel for using reasonable force in accordance with this section. 4 |
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| 52 | | - | (f) Nothing in this section prevents the governing body of a public school unit from 5 |
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| 53 | | - | exercising its authority to place school personnel on suspension or appropriate leave or to 6 |
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| 54 | | - | otherwise remove school personnel from specific duties or assignments while allegations related 7 |
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| 55 | | - | to the use of force are being investigated or adjudicated. 8 |
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| 56 | | - | (g) The State Board of Education may not revoke or refuse to renew a license issued 9 |
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| 57 | | - | pursuant to Article 17E of this Chapter based on a licensee using reasonable force in accordance 10 |
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| 58 | | - | with this section. 11 |
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| 59 | | - | (h) No school personnel shall be reprimanded, dismissed, disciplined, or have their 12 |
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| 60 | | - | license revoked or license renewal denied solely or partly as a result of criminal allegations made 13 |
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| 61 | | - | against the school personnel for assault or a similar crime so long as the force used leading to the 14 |
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| 62 | | - | allegation (i) was used in accordance with this section and (ii) does not result in a conviction or 15 |
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| 63 | | - | a plea of no contest. Nothing in this subsection prevents the governing body of a public school 16 |
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| 64 | | - | unit from investigating the same conduct leading to the criminal allegations." 17 |
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| 65 | | - | SECTION 2. This act is effective when it becomes law and applies beginning with 18 |
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| 66 | | - | the 2025-2026 school year. 19 |
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| 45 | + | to their authority under G.S. 115C-47(18), or as otherwise provided by law, which provide 33 |
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| 46 | + | guidelines for an employee's response if the employee has personal knowledge or actual notice 34 |
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| 47 | + | of an altercation between students. 35 |
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| 48 | + | H.B. 872 |
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| 49 | + | Apr 9, 2025 |
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| 50 | + | HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025 |
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| 51 | + | Page 2 DRH40472-NH-7A |
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| 52 | + | (e) The governing body of a public school unit may not retaliate against or dismiss school 1 |
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| 53 | + | personnel for using reasonable force in accordance with this section. 2 |
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| 54 | + | (f) Nothing in this section prevents the governing body of a public school unit from 3 |
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| 55 | + | exercising its authority to place school personnel on suspension or appropriate leave or to 4 |
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| 56 | + | otherwise remove school personnel from specific duties or assignments while allegations related 5 |
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| 57 | + | to the use of force are being investigated or adjudicated. 6 |
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| 58 | + | (g) The State Board of Education may not revoke or refuse to renew a license issued 7 |
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| 59 | + | pursuant to Article 17E of this Chapter based on a licensee using reasonable force in accordance 8 |
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| 60 | + | with this section. 9 |
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| 61 | + | (h) No school personnel shall be reprimanded, dismissed, disciplined, or have their 10 |
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| 62 | + | license revoked or license renewal denied solely or partly as a result of criminal allegations made 11 |
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| 63 | + | against the school personnel for assault or a similar crime so long as the force used leading to the 12 |
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| 64 | + | allegation (i) was used in accordance with this section and (ii) does not result in a conviction or 13 |
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| 65 | + | a plea of no contest. Nothing in this subsection prevents the governing body of a public school 14 |
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| 66 | + | unit from investigating the same conduct leading to the criminal allegations." 15 |
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| 67 | + | SECTION 2. This act is effective when it becomes law and applies beginning with 16 |
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| 68 | + | the 2025-2026 school year. 17 |
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