§ 115C-209.1. Nondisclosure of certain volunteer records. - North Carolina Statutes

§ 115C‑209.1.  Nondisclosure of certainvolunteer records.

(a)        The records comprising a volunteer file of a local schooladministrative unit are not public records as provided in Chapter 132 of theGeneral Statutes. These records shall be open for inspection only to thefollowing individuals:

(1)        The volunteer, former volunteer, individual who applied tobe a volunteer, or that individual's properly authorized agent who may examinethe individual's file in its entirety at any reasonable time.

(2)        The superintendent and other supervisory personnel.

(3)        The parent or guardian of any student with whom thevolunteer has or had contact.

(4)        Members of the local board of education and the board'sattorney.

(5)        A party to a lawsuit, by authority of a subpoena or propercourt order, only to the extent authorized by and in accordance with thatsubpoena or court order.

(b)        A local board of education shall also release or permit theinspection of a volunteer file, except as prohibited by State or federal law,if prior to the release of the information or inspection of the file:

(1)        The local board of education determines that the release ofthe information or inspection of the file is essential (i) to maintaining theintegrity of the local board of education or (ii) to maintaining the level orquality of services provided by the local board of education; or

(2)        The local board of education makes a written finding thatthere is a substantial showing of the criteria set forth in subdivision (1) ofthis subsection. The local board of education's written finding shall be apublic record.

(c)        A volunteer shall be notified at the time the individualapplies to volunteer that the local board of education may maintain a volunteerfile on the individual, and that information in that file may be open toinspection in accordance with this section.

(d)        This section shall not be construed to require a localschool administrative unit to maintain records on volunteers, formervolunteers, or individuals applying to be volunteers.

(e)        As used in this section, the following terms mean:

(1)        Volunteer. – An individual who provides services to a localboard of education without expectation of compensation and with theunderstanding that the local board of education is under no obligation to continueaccepting those services or to compensate the volunteer for them.

(2)        Volunteer file. – Any information collected by the localboard of education regarding volunteers, former volunteers, and individualsapplying to be volunteers that relates to the individual's application,selection or nonselection, performance, disciplinary action, or termination,wherever that information is located or in whatever form it is maintained. (2003‑353, s. 1.)