§ 115C-105.41. Students who have been placed at risk of academic failure; personal education plans. - North Carolina Statutes

§ 115C‑105.41.  Studentswho have been placed at risk of academic failure; personal education plans.

Local school administrativeunits shall identify students who are at risk for academic failure.Identification shall occur as early as can reasonably be done and can be basedon grades, observations, State assessments, and other factors that impactstudent performance that teachers and administrators consider appropriate,without having to await the results of end‑of‑grade or end‑of‑coursetests. No later than the end of the first quarter, or after a teacher has hadup to nine weeks of instructional time with a student, a personal educationplan for academic improvement with focused intervention and performancebenchmarks shall be developed or updated for any student at risk of academicfailure who is not performing at least at grade level, as identified by theState end‑of‑grade test and other factors noted above. Focusedintervention and accelerated activities should include research‑basedbest practices that meet the needs of students and may include coaching,mentoring, tutoring, summer school, Saturday school, and extended days. Localschool administrative units shall provide these activities free of charge tostudents. Local school administrative units shall also provide transportationfree of charge to all students for whom transportation is necessary forparticipation in these activities.

Local school administrativeunits shall give notice of the personal education plan and a copy of thepersonal education plan to the student's parent or guardian. Parents should beincluded in the implementation and ongoing review of personal education plans.

No cause of action formonetary damages shall arise from the failure to provide or implement apersonal education plan under this section.  (2001‑424, s. 28.17(e); 2009‑542, s. 1.)