North Carolina 2025-2026 Regular Session

North Carolina House Bill H885 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	H 1
4		-	HOUSE BILL 885
	3	+	H D
	4	+	HOUSE BILL DRH40432-NHa-124
	5	+
5	6
6	7
7	8		Short Title: Revise Suspension & Parental Notice Policies. (Public)
8		-	Sponsors: Representatives Morey, Cervania, Price, and K. Brown (Primary Sponsors).
9		-	For a complete list of sponsors, refer to the North Carolina General Assembly web site.
10		-	Referred to: Rules, Calendar, and Operations of the House
11		-	April 14, 2025
12		-	H885 -v-1
	9	+	Sponsors: Representative Morey.
	10	+	Referred to:
	11	+
	12	+	DRH40432 -NHa-124
13	13		A BILL TO BE ENTITLED 1
14	14		AN ACT TO REVISE SUSPENSION POLICIES IN PUBLIC SCHOOL UNITS BY 2
15	15		DEFINING LENGTHS OF SUSPENSION, LIMIT ING THE USE OF SUSPENSION, 3
16	16		CREATING A RIGHT OF APPEAL FOR SHORT -TERM SUSPENSION, DEFINING 4
17	17		WHAT CONSTITUTES REASONABLE PARENTAL NOTIFICATION OF 5
18	18		DISCIPLINARY ACTIONS, PROHIBITING THE USE OF CORPORAL PUNISHMENT, 6
19	19		AND REQUIRING CHILD CARE PROVIDERS TO REPORT DISCIPLINARY ACTIONS 7
20	20		IN EARLY CHILD CARE SETTINGS. 8
21	21		The General Assembly of North Carolina enacts: 9
22	22		SECTION 1.(a) G.S. 115C-12(27) reads as rewritten: 10
23	23		"(27) Reporting Dropout Rates, Corporal Punishment, Suspensions, Expulsions, 11
24	24		and Alternative Placements. – The State Board shall report by March 15 of 12
25	25		each year to the Joint Legislative Education Oversight Committee on the 13
26	26		numbers of students who have dropped out of school, been subjected to 14
27	27		corporal punishment, been suspended, been expelled, been reassigned for 15
28	28		disciplinary purposes, or been provided alternative education services. The 16
29	29		data shall be reported in a disaggregated manner, reflecting the local school 17
30	30		administrative unit, race, gender, grade level, ethnicity, and disability status 18
31	31		of each affected student. Such data shall be readily available to the public. The 19
32	32		State Board shall not include students that have been expelled from school 20
33	33		when calculating the dropout rate. The Board shall maintain a separate record 21
34	34		of the number of students who are expelled from school and the reasons for 22
35	35		the expulsion." 23
36	36		SECTION 1.(b) G.S. 115C-107.7 reads as rewritten: 24
37	37		"§ 115C-107.7. Discipline, corporal punishment, Discipline and homebound instruction. 25
38	38		(a) The policies and procedures for the discipline of students with disabilities shall be 26
39	39		consistent with federal laws and regulations. 27
40	40		(a1) Any corporal punishment administered on students with disabilities shall be 28
41	41		consistent with the requirements of G.S. 115C-390.4. 29
42	42		…." 30
43	43		SECTION 1.(c) G.S. 115C-276(r) reads as rewritten: 31
44	44		"(r) To Maintain Student Discipline. – The superintendent shall maintain student 32
45	45		discipline in accordance with Article 27 of this Chapter and shall keep data on each student to 33
46	46		whom corporal punishment was administered, who was suspended for more than 10 days, who 34
47		-	was reassigned for disciplinary reasons, or who was expelled. This data shall include the race, 35 General Assembly Of North Carolina Session 2025
48		-	Page 2 House Bill 885-First Edition
49		-	gender, age, grade level, ethnicity, and disability status of each student, the duration of 1
50		-	suspension for each student, whether alternative education services were provided for each 2
51		-	student, and whether a student had multiple suspensions in that academic year." 3
52		-	SECTION 1.(d) G.S. 115C-390.1 reads as rewritten: 4
53		-	"§ 115C-390.1. State policy and definitions. 5
54		-	… 6
55		-	(b) The following definitions apply in this Article: 7
56		-	… 8
57		-	(6a) Intermediate-term suspension. – The exclusion for more than 20, but no more 9
58		-	than 42, cumulative school days of a student from school attendance for 10
59		-	disciplinary purposes from the school to which the student was assigned at the 11
60		-	time of the disciplinary action. 12
61		-	(6b) In-school suspension. – The exclusion of a student from the classroom for 13
62		-	disciplinary purposes while the student remains on school grounds. 14
63		-	(7) Long-term suspension. – The exclusion for more than 10 43 school days of a 15
64		-	student from school attendance for disciplinary purposes from the school to 16
65		-	which the student was assigned at the time of the disciplinary action. If the 17
66		-	offense leading to the long-term suspension occurs before the final quarter of 18
67		-	the school year, the exclusion shall be no longer than the remainder of the 19
68		-	school year in which the offense was committed. If the offense leading to the 20
69		-	long-term suspension occurs during the final quarter of the school year, the 21
70		-	exclusion may include a period up to the remainder of the school year in which 22
71		-	the offense was committed and the first semester of the following school year. 23
72		-	… 24
73		-	(9a) Reasonable attempt. – Initiating contact with a parent or guardian and, if 25
74		-	unsuccessful, documenting each attempt to contact the parent or guardian at 26
75		-	least once a day for a least three consecutive days. Documentation of 27
76		-	communication attempts shall include the means of communication, date, and 28
77		-	time. For the initial contact, school personnel must utilize at least two of the 29
78		-	following means of communication: 30
79		-	a. Telephone call. 31
80		-	b. Electronic communication, including email or text messaging. 32
81		-	c. Written communication, including certified mail or hand delivery to 33
82		-	the parent by school personnel. 34
83		-	… 35
84		-	(12) Short-term suspension. – The exclusion of a student from school attendance 36
85		-	for disciplinary purposes for up to 10 20 cumulative school days from the 37
86		-	school to which the student was assigned at the time of the disciplinary action. 38
87		-	… 39
88		-	(b1) Notice to a parent under this Article shall be written in plain language and easy to 40
89		-	understand. If the school is aware that a parent has a primary language other than English, the 41
90		-	school shall provide a copy of the written notice in both the primary language of the parent and 42
91		-	in English. 43
92		-	…." 44
93		-	SECTION 1.(e) G.S. 115C-390.2 reads as rewritten: 45
94		-	"§ 115C-390.2. Discipline policies. 46
95		-	… 47
96		-	(d) Governing body policies shall not allow students to be long-term suspended or 48
97		-	expelled from school solely for truancy or tardiness offenses and shall not allow short-term 49
98		-	suspension of more than two days for such offenses.offenses. Governing boards are encouraged 50
99		-	to implement truancy and tardiness policies that focus on intervention strategies aimed at 51 General Assembly Of North Carolina Session 2025
100		-	House Bill 885-First Edition Page 3
	47	+	was reassigned for disciplinary reasons, or who was expelled. This data shall include the race, 35
	48	+	gender, age, grade level, ethnicity, and disability status of each student, the duration of 36
	49	+	H.B. 885
	50	+	Apr 9, 2025
	51	+	HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	52	+	Page 2 DRH40432-NHa-124
	53	+	suspension for each student, whether alternative education services were provided for each 1
	54	+	student, and whether a student had multiple suspensions in that academic year." 2
	55	+	SECTION 1.(d) G.S. 115C-390.1 reads as rewritten: 3
	56	+	"§ 115C-390.1. State policy and definitions. 4
	57	+	… 5
	58	+	(b) The following definitions apply in this Article: 6
	59	+	… 7
	60	+	(6a) Intermediate-term suspension. – The exclusion for more than 20, but no more 8
	61	+	than 42, cumulative school days of a student from school attendance for 9
	62	+	disciplinary purposes from the school to which the student was assigned at the 10
	63	+	time of the disciplinary action. 11
	64	+	(6b) In-school suspension. – The exclusion of a student from the classroom for 12
	65	+	disciplinary purposes while the student remains on school grounds. 13
	66	+	(7) Long-term suspension. – The exclusion for more than 10 43 school days of a 14
	67	+	student from school attendance for disciplinary purposes from the school to 15
	68	+	which the student was assigned at the time of the disciplinary action. If the 16
	69	+	offense leading to the long-term suspension occurs before the final quarter of 17
	70	+	the school year, the exclusion shall be no longer than the remainder of the 18
	71	+	school year in which the offense was committed. If the offense leading to the 19
	72	+	long-term suspension occurs during the final quarter of the school year, the 20
	73	+	exclusion may include a period up to the remainder of the school year in which 21
	74	+	the offense was committed and the first semester of the following school year. 22
	75	+	… 23
	76	+	(9a) Reasonable attempt. – Initiating contact with a parent or guardian and, if 24
	77	+	unsuccessful, documenting each attempt to contact the parent or guardian at 25
	78	+	least once a day for a least three consecutive days. Documentation of 26
	79	+	communication attempts shall include the means of communication, date, and 27
	80	+	time. For the initial contact, school personnel must utilize at least two of the 28
	81	+	following means of communication: 29
	82	+	a. Telephone call. 30
	83	+	b. Electronic communication, including email or text messaging. 31
	84	+	c. Written communication, including certified mail or hand delivery to 32
	85	+	the parent by school personnel. 33
	86	+	… 34
	87	+	(12) Short-term suspension. – The exclusion of a student from school attendance 35
	88	+	for disciplinary purposes for up to 10 20 cumulative school days from the 36
	89	+	school to which the student was assigned at the time of the disciplinary action. 37
	90	+	… 38
	91	+	(b1) Notice to a parent under this Article shall be written in plain language and easy to 39
	92	+	understand. If the school is aware that a parent has a primary language other than English, the 40
	93	+	school shall provide a copy of the written notice in both the primary language of the parent and 41
	94	+	in English. 42
	95	+	…." 43
	96	+	SECTION 1.(e) G.S. 115C-390.2 reads as rewritten: 44
	97	+	"§ 115C-390.2. Discipline policies. 45
	98	+	… 46
	99	+	(d) Governing body policies shall not allow students to be long-term suspended or 47
	100	+	expelled from school solely for truancy or tardiness offenses and shall not allow short-term 48
	101	+	suspension of more than two days for such offenses.offenses. Governing boards are encouraged 49
	102	+	to implement truancy and tardiness policies that focus on intervention strategies aimed at 50 General Assembly Of North Carolina Session 2025
	103	+	DRH40432-NHa-124 Page 3
101	104		addressing the root cause of absenteeism, promoting attendance through positive reinforcement 1
102	105		and engagement. 2
103	106		… 3
104	107		(h) Governing body policies shall include the procedures to be followed by school 4
105	108		officials in suspending, expelling, or administering corporal punishment to suspending or 5
106	109		expelling any student, which shall be consistent with this Article. 6
107	110		… 7
108	111		(j) Governing bodies of public school units are encouraged to include in their safe 8
109	112		schools plans, adopted pursuant to G.S. 115C-105.47, use research-based behavior management 9
110	113		programs that take positive approaches to improving student behaviors. 10
111	114		… 11
112	115		(n) Governing bodies of public school units shall adopt a policy for in-school suspension. 12
113	116		A student may not be placed in in-school suspension for more than five consecutive school days 13
114	117		per suspension period, for more than 15 suspension periods in a school year, or for more than 40 14
115	118		cumulative school days per school year. The school shall make a reasonable attempt to notify a 15
116	119		student's parent that the student has been assigned to in-school suspension within one hour of the 16
117	120		end of the school day during which the student was recommended for the suspension. 17
118	121		(o) Governing body policies shall not restrict physical activity, such as recess, as a form 18
119	122		of punishment. 19
120	123		(p) Governing body policies shall not require a student to be detained for disciplinary 20
121	124		purposes for more than one hour after the school day's official end. 21
122	125		(q) Governing body policies shall not authorize suspension for students in kindergarten 22
123	126		through third grade except when required by federal law. Suspension for students in these grades 23
124	127		is permitted for up to five school days per incident but only if the school administration, in 24
125	128		consultation with a school psychologist or other mental health professional, determines that there 25
126	129		is an imminent threat of serious harm to other students or staff that cannot be addressed through 26
127	130		interventions and supports. This subsection shall also apply to students enrolled in a 27
128	131		prekindergarten program run by a public school unit." 28
129	132		SECTION 1.(f) G.S. 115C-390.4 reads as rewritten: 29
130	133		"§ 115C-390.4. Corporal punishment.punishment prohibited. 30
131	134		(a) Each governing body of a public school unit shall determine whether corporal 31
132	135		punishment will be permitted in its public school unit. Notwithstanding a governing body's 32
133	136		prohibition on the use of corporal punishment, school personnel may use Corporal punishment 33
134	137		is prohibited. Use of physical restraint in accordance with federal law and G.S. 115C-391.1 and 34
135	138		reasonable use of force pursuant to G.S. 115C-390.3.G.S. 115C-390.3 shall not be considered 35
136	139		corporal punishment. 36
137	140		(b) To the extent that corporal punishment is permitted, the policies adopted for the 37
138	141		administration of corporal punishment shall include at a minimum the following: 38
139	142		(1) Corporal punishment shall not be administered in a classroom with other 39
140	143		students present. 40
141	144		(2) Only a teacher, principal, or assistant principal may administer corporal 41
142	145		punishment and may do so only in the presence of a principal, assistant 42
143	146		principal, or teacher who shall be informed beforehand and in the student's 43
144	147		presence of the reason for the punishment. 44
145	148		(3) A school person shall provide the student's parent with notification that 45
146	149		corporal punishment has been administered, and the person who administered 46
147	150		the corporal punishment shall provide the student's parent a written 47
148	151		explanation of the reasons and the name of the second person who was present. 48
149	152		(4) The school shall maintain records of each administration of corporal 49
150	153		punishment and the reasons for its administration. 50 General Assembly Of North Carolina Session 2025
151		-	Page 4 ~~House Bill 885-First Edition~~
	154	+	Page 4 DRH40432-NHa-124
152	155		(5) In no event shall excessive force be used in the administration of corporal 1
153	156		punishment. Excessive force includes force that results in injury to the child 2
154	157		that requires medical attention beyond simple first aid. 3
155	158		(6) Corporal punishment shall not be administered on a student whose parent or 4
156	159		guardian has stated in writing that corporal punishment shall not be 5
157	160		administered to that student. Parents and guardians shall be given a form to 6
158	161		make such an election at the beginning of the school year or when the student 7
159	162		first enters the school during the year. The form shall advise the parent or 8
160	163		guardian that the student may be subject to suspension, among other possible 9
161	164		punishments, for offenses that would otherwise not require suspension if 10
162	165		corporal punishment were available. If the parent or guardian does not return 11
163	166		the form, corporal punishment may be administered on the student. 12
164	167		(c) Each governing body of a public school unit shall report annually to the State Board 13
165	168		of Education, in a manner prescribed by the State Board of Education, on the number of times 14
166	169		that corporal punishment was administered. The report shall be in compliance with the federal 15
167	170		Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, and shall include the following: 16
168	171		(1) The number of students who received corporal punishment. 17
169	172		(2) The number of students who received corporal punishment who were also 18
170	173		students with disabilities and were eligible to receive special education and 19
171	174		related services under the federal Individuals with Disabilities Education Act, 20
172	175		20 U.S.C. § 1400, et seq. 21
173	176		(3) The grade level of the students who received corporal punishment. 22
174	177		(4) The race, gender, and ethnicity of the students who received corporal 23
175	178		punishment. 24
176	179		(5) The reason for the administration of the corporal punishment for each student 25
177	180		who received corporal punishment." 26
178	181		SECTION 1.(g) G.S. 115C-390.5 reads as rewritten: 27
179	182		"§ 115C-390.5. Short-term suspension. 28
180	183		… 29
181	184		(b) If a student's short-term suspensions accumulate to more than 10 days in a semester, 30
182	185		to the extent the principal has not already done so, he or she shall invoke the mechanisms 31
183	186		provided for in the applicable safe schools plan adopted pursuant to G.S. 115C-105.47(b)(5) and 32
184	187		(b)(6).A student may be placed on short-term suspension for no more than 10 consecutive school 33
185	188		days per suspension period and for no more than 20 cumulative school days per school year. 34
186	189		…." 35
187	190		SECTION 1.(h) G.S. 115C-390.6 reads as rewritten: 36
188	191		"§ 115C-390.6. Short-term suspension procedures. 37
189	192		… 38
190	193		(c) The principal shall provide notice to the student's parent of any short-term suspension, 39
191	194		including the reason for the suspension and a description of the alleged student conduct upon 40
192	195		which the suspension is based. The notice shall be given by the end of the workday during which 41
193	196		the suspension is imposed when reasonably possible, but in no event more than two days after 42
194	197		the suspension is imposed. The principal shall make a reasonable attempt to notify the parent of 43
195	198		the suspension within one hour of the end of the school day during which the student was 44
196	199		assigned short-term suspension. The notice shall be given by certified mail, telephone, facsimile, 45
197	200		e-mail, or any other method reasonably designed to achieve actual notice. 46
198	201		(d) If English is the second language of the parent, the notice shall be provided in the 47
199	202		parent's primary language, when the appropriate foreign language resources are readily available, 48
200	203		and in English, and both versions shall be in plain language and shall be easily understandable. 49
201	204		(e) A student is not entitled to appeal the principal's decision to impose a short-term 50
202	205		suspension to the superintendent or governing body of the public school unit. Further, such a 51 General Assembly Of North Carolina Session 2025
203		-	~~House Bill 885-First Edition~~ Page 5
	206	+	DRH40432-NHa-124 Page 5
204	207		only if (i) the current period of suspension the student is appealing is for three days or more and 1
205	208		(ii) the student will have a cumulative 15 days or more of short-term suspension at the end of the 2
206	209		suspension period being appealed. The decision of the superintendent is not subject to judicial 3
207	210		review. Notwithstanding this subsection, the governing body, in its discretion, may provide 4
208	211		students an opportunity for a review or appeal of a short-term suspension to from the 5
209	212		superintendent or to the governing body." 6
210	213		SECTION 1.(i) Article 27 of Chapter 115C of the General Statutes is amended by 7
211	214		adding the following two new sections to read: 8
212	215		"§ 115C-390.6A. Intermediate-term suspension. 9
213	216		(a) A principal may recommend to the superintendent the intermediate-term suspension 10
214	217		of any student who willfully engages in conduct that violates a provision of the Code of Student 11
215	218		Conduct that authorizes intermediate-term suspension. 12
216	219		(b) A student may be placed on intermediate-term suspension for no more than 21 13
217	220		consecutive school days per suspension period and for no more than 42 cumulative school days 14
218	221		per school year. 15
219	222		(c) A student recommended for intermediate-term suspension shall be offered the 16
220	223		opportunity for a hearing consistent with the provisions of G.S. 115C-390.6B. 17
221	224		(d) Only the superintendent has the authority to intermediate-term suspend a student. If 18
222	225		the student recommended for intermediate-term suspension declines the opportunity for a 19
223	226		hearing, the superintendent shall review the circumstances of the recommended suspension. 20
224	227		Following such review, the superintendent may do any of the following: 21
225	228		(1) Impose the suspension if it is consistent with board policy. 22
226	229		(2) Impose another appropriate penalty authorized by board policy. 23
227	230		(3) Decline to impose any penalty. 24
228	231		(e) A student subject to intermediate-term suspension shall be provided the following: 25
229	232		(1) The opportunity to take instructional materials home for the duration of the 26
230	233		suspension. 27
231	234		(2) Upon request, the right to receive all missed assignments. 28
232	235		(3) The opportunity to take quarterly, semester, or grading period examinations 29
233	236		missed during the suspension period. 30
234	237		"§ 115C-390.6B. Intermediate-term suspension procedures. 31
235	238		(a) When a student is recommended by the principal for intermediate-term suspension, 32
236	239		the principal shall make a reasonable attempt to give written notice to the student's parent within 33
237	240		one hour of the end of the workday during which the suspension was recommended. The written 34
238	241		notice shall provide at least the following information: 35
239	242		(1) A description of the incident and the student's conduct that led to the 36
240	243		intermediate-term suspension recommendation. 37
241	244		(2) A reference to the provisions of the Code of Student Conduct that the student 38
242	245		is alleged to have violated. 39
243	246		(3) The specific process by which the parent may request a hearing to contest the 40
244	247		decision, including the number of days within which the hearing must be 41
245	248		requested. 42
246	249		(4) The process by which a hearing will be held, including, at a minimum, the 43
247	250		procedures described in G.S. 115C-390.8(e). 44
248	251		(5) Notice that the parent is permitted to retain an attorney to represent the student 45
249	252		in the hearing process. 46
250	253		(6) The extent to which the governing body policy permits the parent to have an 47
251	254		advocate, instead of an attorney, accompany the student to assist in the 48
252	255		presentation of his or her appeal. 49
253	256		(7) Notice that the parent has the right to review and obtain copies of the student's 50
254	257		educational records before the hearing. 51 General Assembly Of North Carolina Session 2025
255		-	Page 6 ~~House Bill 885-First Edition~~
	258	+	Page 6 DRH40432-NHa-124
256	259		(8) A reference to the governing body policy on the expungement of discipline 1
257	260		records as required by G.S. 115C-402. 2
258	261		(b) No intermediate-term suspension shall be imposed on a student until an opportunity 3
259	262		for a hearing has been offered to the student. 4
260	263		(c) To opt out of the hearing, the student must affirmatively decline the hearing in writing, 5
261	264		and the superintendent shall follow the procedures described in G.S. 115C-390.6A(d). 6
262	265		(d) If a hearing is not declined, it shall be held and a decision issued before an 7
263	266		intermediate-term suspension is imposed, in accordance with the following: 8
264	267		(1) If the student or parent requests a postponement of the hearing, or if the 9
265	268		hearing is requested beyond the time set for such request, the hearing shall be 10
266	269		scheduled, but the student shall not have the right to return to school pending 11
267	270		the hearing. 12
268	271		(2) The student and parent shall be given reasonable notice of the time and place 13
269	272		of the hearing. If neither the student nor parent appears for the hearing, the 14
270	273		parent and student are deemed to have waived the right to a hearing, and the 15
271	274		superintendent shall conduct the review required by G.S. 115C-390.6A(d). 16
272	275		(e) The hearing may be conducted by the superintendent or by a person or group of 17
273	276		persons appointed by the superintendent to serve as a hearing officer or hearing panel. The 18
274	277		superintendent shall not appoint an individual to serve as a hearing officer or on a hearing panel 19
275	278		who is under the direct supervision of the principal recommending suspension. If the hearing is 20
276	279		conducted by an appointed hearing officer or hearing panel, such officer or panel shall determine 21
277	280		the relevant facts and credibility of witnesses based on the evidence presented at the hearing. 22
278	281		Following the hearing, the superintendent shall make a final decision regarding the suspension. 23
279	282		The superintendent shall adopt the hearing officer's or panel's factual determinations unless they 24
280	283		are not supported by substantial evidence in the record. 25
281	284		(f) Intermediate-term suspension hearings shall be conducted in accordance with the 26
282	285		requirements of G.S. 115C-390.8(e). 27
283	286		(g) Following the issuance of the decision, the superintendent shall authorize the student's 28
284	287		return to school or impose the suspension reflected in the decision. 29
285	288		(h) A student may appeal an intermediate-term suspension decision to the local board of 30
286	289		education in accordance with G.S. 115C-45(c) and policies adopted by the governing body of the 31
287	290		public school unit. Notwithstanding G.S. 115C-45(c), a student's appeal to the governing body 32
288	291		of a decision upholding an intermediate-term suspension shall be heard and a final written 33
289	292		decision issued in not more than 30 calendar days following the request for such appeal. 34
290	293		(i) Nothing in this section shall compel school officials to release names or other 35
291	294		information that could allow the student or his or her representative to identify witnesses when 36
292	295		such identification could create a safety risk for the witness. 37
293	296		(j) A decision of the governing body of the public school unit to uphold the 38
294	297		intermediate-term suspension of a student is subject to judicial review in accordance with Article 39
295	298		4 of Chapter 150B of the General Statutes. The action must be brought within 30 days of the 40
296	299		governing body's decision. A person seeking judicial review shall file a petition in the superior 41
297	300		court of the county where the governing body made its decision. Local rules notwithstanding, 42
298	301		petitions for judicial review of an intermediate-term suspension shall be set for hearing in the 43
299	302		first succeeding term of superior court in the county following the filing of the certified copy of 44
300	303		the official record." 45
301	304		SECTION 1.(j) G.S. 115C-390.7 reads as rewritten: 46
302	305		"§ 115C-390.7. Long-term suspension. 47
303	306		… 48
304	307		(b) Before the superintendent's imposition of a long-term suspension, the student must be 49
305	308		provided an opportunity for a hearing consistent with G.S. 115C-390.8. 50 General Assembly Of North Carolina Session 2025
306		-	~~House Bill 885-First Edition~~ Page 7
	309	+	DRH40432-NHa-124 Page 7
307	310		(c) If the student recommended for long-term suspension declines the opportunity for a 1
308	311		hearing, the superintendent shall review the circumstances of the recommended long-term 2
309	312		suspension. Following such review, the superintendent (i) may impose the suspension if is it 3
310	313		consistent with board policies and appropriate under the circumstances, (ii) may impose another 4
311	314		appropriate penalty authorized by board policy, or (iii) may decline to impose any penalty. 5
312	315		…." 6
313	316		SECTION 1.(k) G.S. 115C-390.8 reads as rewritten: 7
314	317		"§ 115C-390.8. Long-term suspension procedures. 8
315	318		(a) When a student is recommended by the principal for long-term suspension, the 9
316	319		principal shall make a reasonable attempt to give written notice to the student's parent. The notice 10
317	320		shall be provided to the student's parent by parent within one hour of the end of the workday 11
318	321		during which the suspension was recommended when reasonably possible or as soon thereafter 12
319	322		as practicable. recommended. The written notice shall provide at least the following information: 13
320	323		(1) A description of the incident and the student's conduct that led to the long-term 14
321	324		suspension recommendation. 15
322	325		(2) A reference to the provisions of the Code of Student Conduct that the student 16
323	326		is alleged to have violated. 17
324	327		(3) The specific process by which the parent may request a hearing to contest the 18
325	328		decision, including the number of days within which the hearing must be 19
326	329		requested. 20
327	330		(4) The process by which a hearing will be held, including, at a minimum, the 21
328	331		procedures described in subsection (e) of this section. 22
329	332		(5) Notice that the parent is permitted to retain an attorney to represent the student 23
330	333		in the hearing process. 24
331	334		(6) The extent to which the governing body policy permits the parent to have an 25
332	335		advocate, instead of an attorney, accompany the student to assist in the 26
333	336		presentation of his or her appeal. 27
334	337		(7) Notice that the parent has the right to review and obtain copies of the student's 28
335	338		educational records before the hearing. 29
336	339		(8) A reference to the governing body policy on the expungement of discipline 30
337	340		records as required by G.S. 115C-402. 31
338	341		(b) Written notice may be provided by certified mail, fax, e-mail, or any other written 32
339	342		method reasonably designed to achieve actual notice of the recommendation for long-term 33
340	343		suspension. When school personnel are aware that English is not the primary language of the 34
341	344		parent or guardian, the notice shall be written in both English and in the primary language of the 35
342	345		parent or guardian when the appropriate foreign language resources are readily available. All 36
343	346		notices described in this section shall be written in plain English, and shall include the following 37
344	347		information translated into the dominant non-English language used by residents within the 38
345	348		public school unit: 39
346	349		(1) The nature of the document, i.e., that it is a long-term suspension notice. 40
347	350		(2) The process by which the parent may request a hearing to contest the 41
348	351		long-term suspension. 42
349	352		(3) The identity and phone number of a school employee that the parent may call 43
350	353		to obtain assistance in understanding the English language information 44
351	354		included in the document. 45
352	355		(c) No long-term suspension shall be imposed on a student until an opportunity for unless 46
353	356		a formal hearing is provided to the student. If a hearing is timely requested, it shall be held and a 47
354	357		decision issued before a long-term suspension is imposed, except as otherwise provided in this 48
355	358		subsection. The student and parent shall be given reasonable notice of the time and place of the 49
356	359		hearing.provided in accordance with the following: 50 General Assembly Of North Carolina Session 2025
357		-	Page 8 ~~House Bill 885-First Edition~~
	360	+	Page 8 DRH40432-NHa-124
358	361		(1) If no hearing is timely requested, the superintendent shall follow the 1
359	362		procedures described in G.S. 115C-390.7(c). 2
360	363		(2) If the student or parent requests a postponement of the hearing, or if the 3
361	364		hearing is requested beyond the time set for such request, the hearing shall be 4
362	365		scheduled, but the student shall not have the right to return to school pending 5
363	366		the hearing. 6
364	367		(3) The student and the parent shall be given reasonable notice of the time and 7
365	368		place of the hearing. If neither the student nor parent appears for the scheduled 8
366	369		hearing, after having been given reasonable notice of the time and place of the 9
367	370		hearing, the parent and student are deemed to have waived the right to a 10
368	371		hearing and the superintendent shall conduct the a review required by 11
369	372		G.S. 115C-390.7(c).of the recommendation in accordance with the 12
370	373		requirements of G.S. 115C-390.6A(d). 13
371	374		…." 14
372	375		SECTION 1.(l) G.S. 115C-390.11(a) reads as rewritten: 15
373	376		"(a) Upon recommendation of the superintendent, a governing body of a public school 16
374	377		unit may expel any student 14 years of age or older whose continued presence in school 17
375	378		constitutes a clear threat to the safety of other students or school staff. Prior to the expulsion of 18
376	379		any student, the governing body shall conduct a hearing to determine whether the student's 19
377	380		continued presence in school constitutes a clear threat to the safety of other students or school 20
378	381		staff. The student shall be given reasonable notice of the recommendation in accordance with 21
379	382		G.S. 115C-390.8(a) and (b), as well as reasonable notice of the time and place of the scheduled 22
380	383		hearing. The following provisions apply: 23
381	384		…." 24
382	385		SECTION 1.(m) G.S. 115C-391.1 reads as rewritten: 25
383	386		"§ 115C-391.1. Permissible use of seclusion and restraint. 26
384	387		… 27
385	388		(j) Notice, Reporting, and Documentation. – 28
386	389		(1) Notice of procedures. – Each governing body of a public school unit shall 29
387	390		provide copies of this section and all governing body policies developed to 30
388	391		implement this section to school personnel and parents or guardians at the 31
389	392		beginning of each school year. 32
390	393		(2) Notice of specified incidents: 33
391	394		a. School personnel shall promptly notify the principal or principal's 34
392	395		designee of: 35
393	396		1. Any use of aversive procedures. 36
394	397		2. Any prohibited use of mechanical restraint. 37
395	398		3. Any use of physical restraint resulting in observable physical 38
396	399		injury to a student. 39
397	400		4. Any prohibited use of seclusion or seclusion that exceeds 10 40
398	401		minutes or the amount of time specified on a student's behavior 41
399	402		intervention plan. 42
400	403		b. When a principal or principal's designee has personal knowledge or 43
401	404		actual notice of any of the events described in this subdivision, the 44
402	405		principal or principal's designee shall promptly notify the student's 45
403	406		parent or guardian and will provide the name of a school employee the 46
404	407		parent or guardian can contact regarding the incident. 47
405	408		(3) As used in subdivision (2) of this subsection, "promptly notify" means by the 48
406	409		end of the workday during which the incident occurred when reasonably 49
407	410		possible, but in no event later than the end of following workday. 50 General Assembly Of North Carolina Session 2025
408		-	~~House Bill 885-First Edition~~ Page 9
	411	+	DRH40432-NHa-124 Page 9
409	412		(4) The principal or the principal's designee shall make a reasonable attempt to 1
410	413		notify a parent or guardian of the student shall be provided with a written 2
411	414		incident report for any incident reported under this section within a reasonable 3
412	415		period of time, but in no event later than 30 days after the incident. one hour 4
413	416		of the end of the school day during which the incident occurred. 5
414	417		(4a) A parent notified under subdivision (4) of this subsection shall receive a 6
415	418		written incident report within a reasonable amount of time but in no event later 7
416	419		than 30 days after the incident. The written incident report shall include: 8
417	420		a. The date, time of day, location, duration, and description of the 9
418	421		incident and interventions. 10
419	422		b. The events or events that led up to the incident. 11
420	423		c. The nature and extent of any injury to the student. 12
421	424		d. The name of a school employee the parent or guardian can contact 13
422	425		regarding the incident. 14
423	426		…." 15
424	427		SECTION 1.(n) G.S. 115C-391.2 is amended by adding a new subsection to read: 16
425	428		"(c) The school shall make a reasonable attempt to notify a student's parent before any 17
426	429		student search or interrogation is conducted and, if unsuccessful, within one hour of the end of 18
427	430		the school day during which the search was conducted." 19
428	431		SECTION 2.(a) G.S. 6-21.4 is repealed. 20
429	432		SECTION 2.(b) This section is effective when it becomes law, applies beginning 21
430	433		with the 2025-2026 school year, and does not apply to civil actions arising from the use of 22
431	434		corporal punishment prior to the effective date of this act. 23
432	435		SECTION 3. Part 10B of Article 3 of Chapter 143B of the General Statutes is 24
433	436		amended by adding a new section to read: 25
434	437		"§ 143B-168.10L. Disciplinary actions in early child care settings. 26
435	438		All early child care providers, including public school units, as defined in G.S. 115C-5, and 27
436	439		private schools offering prekindergarten services in this State, shall annually report to the 28
437	440		Department of Public Instruction detailed data on suspensions and expulsions. The data shall 29
438	441		include (i) the number of suspension or expulsion actions taken, (ii) the reasons for the suspension 30
439	442		or expulsion, (iii) the duration of the suspension or expulsion, and (iv) the demographic 31
440	443		information of the students suspended or expelled, appropriately redacted to adhere to applicable 32
441	444		privacy laws. The Department of Public Instruction shall analyze the data collected pursuant to 33
442	445		this section to identify patterns and inform strategies for minimizing suspensions and expulsions, 34
443	446		while emphasizing non-exclusionary disciplinary practices. The Department of Public 35
444	447		Instruction shall issue any specific reporting guidelines and formats on data collected under this 36
445	448		section, consistent with any federal law and data the Department of Public Instruction may 37
446	449		currently collect on disciplinary actions in early child care settings." 38
447	450		SECTION 4. There is appropriated from the General Fund to the Department of 39
448	451		Public Instruction the sum of two million dollars ($2,000,000) in nonrecurring funds for the 40
449	452		2025-2026 fiscal year to assist the Department in developing and distributing guidance to public 41
450	453		school units on how to implement the requirements of this act. 42
451	454		SECTION 5. This act becomes effective July 1, 2025, and applies beginning with 43
452	455		the 2025-2026 school year. 44