North Carolina General Statutes 115C-402. Student records; maintenance; contents; confidentiality
(a) The official record of each student enrolled in North Carolina public schools shall be permanently maintained in the files of the appropriate school after the student graduates, or should have graduated, from high school unless the local board determines that such files may be filed in the central office or other location designated by the local board for that purpose.
(b) The official record shall contain, as a minimum, adequate identification data including date of birth, attendance data, grading and promotion data, and such other factual information as may be deemed appropriate by the local board of education having jurisdiction over the school wherein the record is maintained. Each student’s official record also shall include notice of any long-term suspension or expulsion imposed pursuant to N.C. Gen. Stat. § 115C-390.7 through N.C. Gen. Stat. § 115C-390.11 and the conduct for which the student was suspended or expelled. The superintendent or the superintendent’s designee shall expunge from the record the notice of suspension or expulsion if the following criteria are met:
(1) One of the following persons makes a request for expungement:
a. The student’s parent, legal guardian, or custodian.
b. The student, if the student is at least 16 years old or is emancipated.
Terms Used In North Carolina General Statutes 115C-402
- 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
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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) The student either graduates from high school or is not expelled or suspended again during the two-year period commencing on the date of the student’s return to school after the expulsion or suspension.
(3) The superintendent or the superintendent’s designee determines that the maintenance of the record is no longer needed to maintain safe and orderly schools.
(4) The superintendent or the superintendent’s designee determines that the maintenance of the record is no longer needed to adequately serve the child.
(c) Notwithstanding subdivision (b)(1) of this section, a superintendent or the superintendent’s designee may expunge from a student’s official record any notice of suspension or expulsion provided all other criteria under subsection (b) are met.
(d) Each local board’s policy on student records shall include information on the procedure for expungement under subsection (b) of this section.
(e) The official record of each student is not a public record as the term “public record” is defined by N.C. Gen. Stat. § 132-1 The official record shall not be subject to inspection and examination as authorized by N.C. Gen. Stat. § 132-6
(f) The actual address and telephone number of a student who is a participant in the Address Confidentiality Program established pursuant to Chapter 15C of the N.C. Gen. Stat. or a student with a parent who is a participant in the Address Confidentiality Program established pursuant to Chapter 15C of the N.C. Gen. Stat. shall be kept confidential from the public and shall not be disclosed except as provided in Chapter 15C of the N.C. Gen. Stat.. (1975, c. 624, ss. 1, 2; 1981, c. 423, s. 1; 1985, c. 268; c. 416; 1997-443, s. 8.29(s); 2001-195, s. 1; 2002-171, s. 6; 2011-282, s. 13.)