North Carolina General Statutes 115C-390.3. Reasonable force
(a) School personnel may use physical restraint only in accordance with N.C. Gen. Stat. § 115C-391.1
(b) School personnel may use reasonable force to control behavior or to remove a person from the scene in those situations when necessary for any of the following reasons:
(1) To correct students.
Terms Used In North Carolina General Statutes 115C-390.3
- 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
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. 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) To quell a disturbance threatening injury to others.
(3) To obtain possession of weapons or other dangerous objects on the person, or within the control, of a student.
(4) For self-defense.
(5) For the protection of persons or property.
(6) To maintain order on educational property, in the classroom, or at a school-related activity on or off educational property.
(c) Notwithstanding any other law, no officer, member, or employee of the State Board of Education, the Superintendent of Public Instruction, or of a governing body of a public school unit, individually or collectively, shall be civilly liable for using reasonable force in conformity with State law, State or local rules, or State or local policies regarding the control, discipline, suspension, and expulsion of students. Furthermore, the burden of proof is on the claimant to show that the amount of force used was not reasonable.
(d) No school employee shall be reprimanded or dismissed for acting or failing to act to stop or intervene in an altercation between students if the employee’s actions are consistent with governing body policies. Governing bodies of public school units shall adopt policies, pursuant to their authority under N.C. Gen. Stat. § 115C-47(18), or as otherwise provided by law, which provide guidelines for an employee’s response if the employee has personal knowledge or actual notice of an altercation between students. (2011-282, s. 2; 2012-149, s. 10; 2016-126, 4th Ex. Sess., s. 23; 2022-74, s. 7.7(c).)