North Carolina General Statutes 115C-390.11. Expulsion
(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 N.C. Gen. Stat. § 115C-390.8(a) and (b), as well as reasonable notice of the time and place of the scheduled hearing. [The following provisions apply:]
(1) The procedures described in N.C. Gen. Stat. § 115C-390.8(e)(1)-(8) apply to students facing expulsion pursuant to this section, except that the decision to expel a student by the governing body of the public school unit shall be based on clear and convincing evidence that the student’s continued presence in school constitutes a clear threat to the safety of other students and school staff.
Terms Used In North Carolina General Statutes 115C-390.11
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
- Superintendent: means the superintendent of schools of a public school system or, in his absence, the person designated to fulfill his functions. See North Carolina General Statutes 115C-5
(2) A governing body of a public school unit may expel any student subject to N.C. Gen. Stat. § 14-208.18 in accordance with the procedures of this section. Prior to ordering the expulsion of a student, the governing body shall consider whether there are alternative education services that may be offered to the student. As provided by N.C. Gen. Stat. § 14-208.18(f), if the governing body determines that the student shall be provided educational services on school property, the student shall be under the supervision of school personnel at all times.
(3) At the time a student is expelled under this section, the student shall be provided notice of the right to petition for readmission pursuant to N.C. Gen. Stat. § 115C-390.12
(b) During the expulsion, the student is not entitled to be present on any property of the public school unit and is not considered a student of the governing body of the public school unit. Nothing in this section shall prevent a governing body from offering access to some type of alternative educational services that can be provided to the student in a manner that does not create safety risks to other students and school staff. (2011-282, s. 2; 2022-74, s. 7.7(i).)