CurrituckCounty 4000s Part A

Correlation Table with Notes

Draft Policy / Draft Policy Title / CCS Policy / Notes for Consideration
Admission and Assignment
4115 Initial Draft / Behavior Standards for Transfer Students / 4030 (in part) /
  • This policy reflects information contained in your current policy 4030, Inter-System Student Transfers. No revisions have been added to the initial draft.
  • In regard to the third paragraph, this information requirement is not in the law; however, the school system will need such information to make informed decisions.
  • Our standard policy 4130, Discretionary Admission, gives the superintendent the discretion to make admission decisions; however, requiring board approval in this circumstance is more consistent with G.S. 115C-366(a5). Superintendents also may want board support for these decisions. Consult with your school board attorney if the board prefers that the superintendent make these decisions.
  • The standards regarding expulsion and a felony conviction are provided in G.S. 115C-366.
  • In regard to the second to last paragraph, “reasonable conditions” is not defined by statute. This list may be omitted or modified.

Safety
4260 Rev. 1 / Student Sex Offenders / 2092 (in part) /
  • We have incorporated information from your current policy 2092, Registered Sex Offenders on School Property, into this policy. Please note that additional information from your current policy 2092 will be reflected in policy 5022, Registered Sex Offenders.
  • In regard to subsection B.1, please see G.S. 115C-390.11(a)(2). The board may limit the time the student may be present to times when classes are in session and prohibit him or her from attending or participating in extracurricular activities.
  • In regard to subsection B.6, decisions regarding educational services for students with disabilities must be made in compliance with the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act of 1973.

Student Behavior
4300- Adopted 8/8/2011 / Student Behavior Policies
4301 Initial Draft / Authority of School Personnel / 4055 (in part) /
  • This policy reflects information contained in your current policy 4055, Reasonable Force. No revisions from have been added to the initial draft.
  • In regard to the last sentence of the second paragraph, G.S. 115C-307 requires teachers, student teachers, substitute teachers, voluntary teachers and teacher assistants to report acts of violence. The statute also requires teachers to notify the principal when students are suspended or expelled; however, principals should be aware of these situations. See also policy 1510/4200/7270, School Safety, for other reporting requirements.
  • G.S. 115C-390.3describes the right to use reasonable force in the situations listed in the third paragraph.

4302- Adopted 8/8/2011 / School Plan for Management of Student Behavior
4302-R Rev. 1 / Rules for Use of Seclusion and Restraint in Schools / 4106-R /
  • Your current regulation 4106-R is almost identical to this regulation. We have added information to clarify in subsection G.2 regarding your current notification timeline.
  • In regard to subsection G.4, we have added information that the board delegates this duty to the superintendent.
  • Please confirm that these changes reflect your current practice.

3470/4305-Adopted 8/8/2011 / Alternative Learning Programs/Schools
4307 Initial Draft / Disciplinary Action for Exceptional Children/Students with Disabilities / 4050 (in part) /
  • This policy reflects information contained in your current policy 4050, Suspension and Expulsion. No revisions have been added to the initial draft.
  • In regard to the first paragraph, unless IDEA requirements are included in this policy, a statement of compliance with Policies Governing Services for Children with Disabilities must be included.
  • In regard to the second paragraph, students with disabilities may have rights under Section 504 or under the Americans with Disabilities Act.

4310 Initial Draft / Integrity and Civility / 4045 (in part) /
  • This policy reflects information contained in your current policy 4045, Code of Student Conduct. No revisions have been added to the initial draft.
  • In the first sentence, other standards may be identified in addition to or in place of these standards.
  • Section B: In regard to disciplinary consequences, G.S. 115C-390.5 and G.S. 115C-390.7 require that the Code of Student Conduct authorize short-term and/or long-term suspension, respectively, for specific violations in order for school officials to have the authority to impose the disciplinary measure. The board also may consider listing the specific range of consequences in this policy to provide direction to the superintendent in the development of the Code of Student Conduct.

3225/4312/7320 / Technology Acceptable Use / This is a triple coded policy that you received with the 3000 Section so we are not resending it at this time.
4315 Initial Draft / Disruptive Behavior / 4045 (in part) /
  • This policy reflects information contained in your current policy 4045, Code of Student Conduct. No revisions have been added to the initial draft.
  • Section A: Additional examples of disruptive behavior may be provided in this section.
  • Section A: In Section A.2, gang-related apparel is not explicitly addressed but may be included. However, if the board adopts policy 4328, Gang-Related Activity, including a prohibition on gang-related apparel in this section would not be necessary.
  • Section B: The note in regard to section B of policy 4310 also applies to this section.

4316 Rev. 1 / Student Dress Code / 4045 (in part) /
  • We have incorporated information contained in your current policy, 4045, Code of Student Conduct, into this policy.
  • More specific restrictions or examples of inappropriate attire may be included.

4318 Initial Draft / Use of Wireless Communication Devices / Ø /
  • This policy is a recommended example of one way to approach the issues of cell phones and other electronic devices in schools. Most of the provisions are optional and may be modified to suit the specific needs of the school system.
  • Section B: The note in regard to section B of policy 4310 also applies to this section.

4320 Initial Draft / Tobacco Products – Students / 2091 (in part), 4045 (in part) /
  • This policy reflects information in your current policies 2091, Use of Tobacco Products, and 4045, Code of Student Conduct. No revisions have been added to the initial draft.
  • The definition in the last sentence of the introductory paragraph incorporates the federal definition of “tobacco product” from the Federal Food, Drug, and Cosmetic Act and the Family Smoking Prevention and Tobacco Control Act. Alternatively, boards may define “tobacco product” as provided in G.S. 14-313 as “any product that contains tobacco and is intended for human consumption.” Note, however, that electronic cigarettes would not fall under the state definition.
  • Section A: In regard to the first paragraph of this section, federal law prohibits smoking in all indoor facilities. State law, G.S. 115C-407, prohibits the use of any tobacco product by any person in school buildings, in school facilities, on school campuses, and in or on any other school property owned or operated by the school board. State and federal law only prohibit the “use” of tobacco products on school grounds. Thus, boards have discretion on the issue of whether to forbid student possession of tobacco products on school property and at school activities offcampus.
  • Section B: The note in regard to section B of policy 4310 also applies to this section.
  • Section C: The school system may want to identify local resources and what commitments it can reasonably make.
  • Section D: Notice to students and posting of signs is required by G.S. 115C-407.

4325 Initial Draft / Drugs and Alcohol / 2090 (in part), 4045 (in part) /
  • This policy reflects information in your current policies 2090, Consumption of Alcoholic Substances, and 4045, Code of Student Conduct. No revisions have been added to the initial draft.
  • Section A: The substances in subsection A.6 were added to the list of controlled substances by S.L. 2011-2012.
  • Section B: The note in regard to section B of policy 4310 also applies to this section. We did not include specific penalties in this policy. Please let us know if you would like to add information; however, please be aware that G.S. 115C-390.2 prohibits imposing mandatory long-term suspensions.

4326 / Random Suspicionless Student Drug Testing / 4071 /
  • This policy is not part of our base policy but has been created to reflect information contained in your current policy 4071, Random Suspicionless Drug Testing Policy. We have not previously sent you this policy.
  • Although the Supreme Court has upheld random drug testing of students who choose to participate in athletics and other extracurricular activities, these decisions cannot necessarily be used to justify mandatory drug testing for students who have campus parking privileges. There is no North Carolina precedent addressing the expansion of the use of random drug testing beyond extracurricular activities. Courts in other states, whose decisions are not binding in North Carolina, have varied in upholding or striking down broader random drug testing policies, in part due to a court’s analysis of protections provided by individual state constitutions. Since the constitutionality of the expansion of random drug testing to include students who have school parking privileges is unclear in North Carolina, we recommend consulting with your board attorney on whether you would like to continue including this category of students in your policy.
  • We have incorporated the substantive information from your current policy into this policy but made some minor organizational and clarifying changes. Please review this policy carefully to confirm it reflects your current practice.
  • In regard to subsection D.3, your current policy seems to contemplate only athletics by requiring students to sign the consent form at the start of fall athletic season or the beginning of the school year. What about students who join extracurricular activities or apply for parking privileges after the school year has started? We have added a clarifying change but please let us know if you would like to modify this further.
  • In regard to section G, it is unclear from your current policy why a physician certification is necessary after a positive result. Is the certification required to show the student visited a physician for an exam or that the student is no longer abusing substances? We recommend clarifying this requirement further.
  • In regard to section L, we have removed information regarding review of the policy in 2008. We have added that, after the annual review of the testing information, the board will vote on whether to renew, revise or repeal the policy. Please let us know if you would like to modify this information.

4328 Initial Draft / Gang-Related Activity / Ø /
  • This policy is optional. Instead of creating a stand-alone gang policy, the board may choose to incorporate the prohibited conduct into its already existing student behavior policies.
  • Due to the potential constitutional implications, the board should consult with its board attorney when revising this policy.
  • In the introductory paragraph, the board may want to include additional information about the existing gang problem in its school system.
  • Section B: With regard to the list of gang-related activities described in the first paragraph, the board or principals also may consider posting the list on the school system website or on individual school websites.
  • Section C: The note in regard to section B of policy 4310 also applies to this section.

4330 Initial Draft / Theft, Trespass and Damage to Property / 4045 (in part) /
  • This policy reflects information contained in your current policy 4045, Code of Student Conduct. No revisions have been added to the initial draft.
  • Section B: The note in regard to section B of policy 4310 also applies to this section.

4331 Initial Draft / Assaults, Threats and Harassment / 4045 (in part) /
  • This policy reflects information contained in your current policy 4045, Code of Student Conduct. No revisions have been added to the initial draft.
  • Section B: The note in regard to section B of policy 4310 also applies to this section.

4333 Rev. 1 / Weapons, Bomb Threats, Terrorist Threats and Clear Threats to Safety / 4045 (in part) /
  • We have incorporated information from your current policy 4045, Code of Student Conduct, into this policy.
  • Section A: The list of weapons in subsection A.1 comes from G.S. 14-269.2. We have added weapons listed in your current policy. Please confirm that these changes reflect your current practice.
  • Section A: In regard to the next to last paragraph in subsection A.1, the board may consider having an anonymous phone “tip” line to encourage students to report weapons at school.
  • Section A: In regard to false terrorist threats in subsection A.3, G.S. 14-277.5(b) states that a person who by any means of communication to any person or group of persons makes a report, knowing or having reason to know the report is false, that an act of mass violence is going to occur on educational property or at a curricular or extracurricular activity sponsored by the school is guilty of a Class H felony. “Mass violence” is defined as physical injury that a reasonable person would conclude could lead to the permanent injury (including mental or emotional injury) or death of two or more people.
  • Section A: The list in subsection A.4 is similar to the State Board’s guidelines for expulsion. The examples of behavior in this list may be limited or expanded by the board.
  • Section B: The note in regard to section B of policy 4310 also applies to this section.
  • Section B: The first sentence in subsection B.2 is required by G.S. 115C-390.10.
  • Section B: In regard to the provision in subsection B.2 on a student delivering or reporting a firearm or destructive device to school personnel, G.S. 115C-390.1(b)(11) defines “school personnel” as: (1) an employee of the board; (2) a person working on school grounds or at a school function under a contract or written agreement with the school system to provide educational or related services to students; or (3) a person working on school grounds or at a school function for another agency providing educational or related services to students.

4335 / Criminal Behavior / 4020, 4075, 5215 (in part) /
  • We have not sent you this policy previously.
  • We have incorporated information from your current policy 4075, Investigations and Arrests by Police, into this policy. Please confirm that these changes reflect your current practice.
  • This policy also reflects information contained in your current policies 4020, Immediate Transfer When Criminal Charges Pending, and 5215, Reporting Information to External Agencies.
  • In regard to the last paragraph in section B, we do not recommend making removal of a student who has been arrested contingent on law enforcement signing a release. However, we have added the information that this practice is encouraged. Please consult your board attorney if you would like to keep this as a requirement. Please also confirm that the information added reflects your current practice.

4340 Initial Draft / School-Level Investigations / Ø /
  • This policy is not legally required, but we strongly recommend its adoption.
  • In regard to the first sentence of the fifth paragraph, a disciplinary review committee may be used to consider and recommend consequences.

4341 Initial Draft / Parental Involvement in Student Behavior Issues / Ø / Item 1 directs principals to notify the parent of a student who has been suspended short-term in accordance with policy 4351, Short-Term Suspension. Alternatively, the board may list the actual notice requirements here.
4342 / Student Searches / 4065, 4066, 4070 /
  • We have not sent you this policy previously. NCSBA is currently considering revising this policy based on recent case law decisions. Thus, you may review this policy now or put it on hold pending the revised version. If you review this policy now, please be aware that there may be revisions made to the policy in the near future.
  • Your current policy 4065, Student Search and Seizure, is very similar to our base policy. We have incorporated some information from your current policy into this policy. Please review these changes carefully to confirm they reflect your current practice.
  • Please note that, in section C, we have also incorporated information from your current policy 4066, Metal Detector Searches. We have not included information from your accompanying regulation 4066-R, Regulations and Procedures for Use of Metal Detectors. Please let us know if there are particular details from the regulation that you would like to add to this policy.
  • Section G of the base policy authorizes the use of dogs in conducting searches. Your current policy does not authorize the use of dogs. Please let us know if you would like to remove this section.
  • In regard to section H and your current policy 4070, Disposal of Confiscated Weapons, Drugs or Alcohol, we do not recommend that the school retain illegal materials or other materials that may be connected with criminal activity for an extended period of time for potential criminal liability reasons. We suggestconsulting with the board attorney if there is a question on whether school officials should retain seized materials since such situations are very fact specific. Please consult with your board attorney for further guidance if you would like to modify this provision.

4345 Initial Draft / Student Discipline Records / 4050 (in part) /
  • This policy reflects information contained in your current policy 4050, Suspension and Expulsion. No revisions have been added to the initial draft.
  • Section B: Federal law, 20 U.S.C. 1232g(h), specifies the right of disclosure described in this section. Maintaining records for this purpose may be important for reducing the possibility of liability for failure to inform individuals of foreseeable harm.
  • Section C: In regard to subdivision C.1.c, although G.S. 115C-402 requires only that records of long-term suspensions and expulsions be maintained beyond the current school year, we recommend that records of other disciplinary problems be maintained if such information may be necessary in the future for the purpose of evaluating a student for special education services or assessing a student’s other educational needs.

4351- Adopted 8/8/2011 / Short-Term Suspension
4352 Initial Draft / Removal of Student During the Day / 4050 (in part) /
  • This policy reflects information contained in your current policy 4050, Suspension and Expulsion. No revisions have been added to the initial draft.
  • The listed circumstances justifying the removal of a suspended student during the school dayare not specifically required by law. The purpose, in part, is to address the school’s duty to supervise students during the school day.

4353- Adopted 8/11/2011 / Long-Term Suspension, 365-Day Suspension, Expulsion
4362- Adopted 8/11/2011 / Requests for Readmission of Students Suspended for 365 Days or Expelled
4370- Adopted 8/11/2011 / Student Discipline Hearing Procedures
Attendance
4400 Rev. 1 / Attendance / 4035 /
  • We have incorporated information from your current policy 4035, Attendance, into this policy.
  • This policy reflects statutory requirements, but certain sections may be modified.
  • Section B: In regard to the first paragraph of section B, our base policy designates the teacher as accepting a written note for an absence; please let us know if this needs to be changed to reflect your current practice.
  • Section B: Subsection B.6 allows for excused absences due to religious observances. Although G.S. 115C-379 provides that the rules formulated by the State Board of Education to enforce student attendance “may require that the student’s parents give the principal written notice of the request for an excused absence a reasonable time prior to the religious observance,” DPI issued a memo on November 15, 2010 stating that the SBE declined to adopt a rule that requires prior approval for the two days of excused absences. Thus it is unclear whether a local board may require prior approval for two days or more for such absences. A local board should consult with its board attorney regarding this issue if the board would like to require prior approval for any days of excused absence due to religious observance.
  • Section B: The provisions in subsections B.6, 7, and 8 and the paragraph on children of military families are required by law.
  • Section B: In regard to the information on make-up work in the last paragraph of this section, we have modified the provision to allow a student to make up work during a long-term suspension since your current policy does not specify the length of suspension specifically. For students who are long term suspended close to the end of a semester, allowing make-up work might allow the student to pass his or her courses and/or be promoted to the next grade.
  • Section C: In regard to subsections C.2 and 5,S.L. 2011-91 directs local boards to encourage high school to work partnerships and provides that students shall not be counted absent when participating in work-based learning opportunities or in Career and Technical Education student organization activities. The board may also determine a maximum number of school days that students may miss for job-shadowing activities.
  • Section D: The disciplinary consequences for tardiness and truancy, in the first and third paragraphs of this section, are optional but may not exceed two days. See G.S. 115C-390.2(d).
  • In regard to the compulsory attendance statute, G.S. 115C-378, our base policy references the statute instead of restating the requirements in this policy. However, please let us know if you would like us to include specific information.
  • Section D: The principal has the authority to grade and classify students subject to various exceptions, such as G.S. 115C-407.5 pertaining to placement of military children and the IEP requirements of the Individuals with Disabilities Education Act as provided in 20 U.S.C. 1414.