§ 115C-366. Assignment of student to a particular school. - North Carolina Statutes

§ 115C‑366.  Assignmentof student to a particular school.

(a)        All students underthe age of 21 years who are domiciled in a school administrative unit who havenot been removed from school for cause, or who have not obtained a high schooldiploma, are entitled to all the privileges and advantages of the publicschools to which they are assigned by the local boards of education. Theassignment of students living in one local school administrative unit ordistrict to a school located in another local school administrative unit ordistrict, shall have no effect upon the right of the local schooladministrative unit or district to which the students are assigned to levy andcollect any supplemental tax heretofore or hereafter voted in that local schooladministrative unit or district.

(a1)      Children living inand cared for and supported by an institution established, operated, orincorporated for the purpose of rearing and caring for children who do not livewith their parents are considered legal residents of the local schooladministrative unit in which the institution is located. These children areeligible for admission to the public schools of the local school administrativeunit as provided in this section.

(a2)      It is the policy ofthe State that every child of a homeless individual and every homeless childand youth has access to a free, appropriate public education. The State Boardof Education and every local board of education shall ensure compliance withthe federal McKinney‑Vento Homeless Education Assistance Improvements Actof 2001. A local board of education shall not charge a homeless child or youthtuition for enrollment. An unaccompanied youth or a homeless child's or youth'sparent, guardian, or legal custodian may apply to the State Board of Educationfor a determination of whether a particular local board of education shallenroll the homeless child or youth, and this determination shall be binding onthe local board of education, subject to judicial review.

(a3)      A student who is nota domiciliary of a local school administrative unit may attend, without thepayment of tuition, the public schools of that unit if all of the followingapply:

(1)        The student resideswith an adult, who is a domiciliary of that unit, as a result of any one of thefollowing:

a.         The death, seriousillness, or incarceration of a parent or legal guardian,

b.         The abandonment by aparent or legal guardian of the complete control of the student as evidenced bythe failure to provide substantial financial support and parental guidance,

c.         Abuse or neglect bythe parent or legal guardian,

d.         The physical ormental condition of the parent or legal guardian is such that he or she cannotprovide adequate care and supervision of the student,

e.         The relinquishmentof physical custody and control of the student by the student's parent or legalguardian upon the recommendation of the department of social services or theDivision of Mental Health,

f.          The loss oruninhabitability of the student's home as the result of a natural disaster, or

g.         The parent or legalguardian is one of the following:

(1)        On active militaryduty and is deployed out of the local school administrative unit in which thestudent resides;

(2)        A member or veteranof the uniformed services who is severely injured and medically discharged orretired, but only for a period of one year after the medical discharge orretirement of the parent or guardian; or

(3)        A member of theuniformed services who dies on active duty or as a result of injuries sustainedon active duty, but only for a period of one year after death.

Forpurposes of this sub‑subdivision, the term "active duty" doesnot include periods of active duty for training for less than 30 days.Assignment under this sub‑subdivision is only available if some evidenceof the deployment is tendered with the affidavits required under subdivision(3) of this subsection.

(2)        The student is:

a.         Not currently undera term of suspension or expulsion from a school for conduct that could have ledto a suspension or an expulsion from the local school administrative unit, or

b.         Currently under aterm of suspension or expulsion from a school for conduct that could have ledto a suspension or an expulsion from the local school administrative unit andis identified as eligible for special education and related services under theIndividuals with Disabilities Education Improvement Act, 20 U.S.C. § 1400, etseq., (2004). Assignment under this sub‑subdivision is available only ifevidence of current eligibility is tendered with the affidavit required undersubdivision (3) of this subsection.

(3)        The caregiver adultand the student's parent, guardian, or legal custodian have each completed andsigned separate affidavits that:

a.         Confirm thequalifications set out in this subsection establishing the student's residency,

b.         Attest that thestudent's claim of residency in the unit is not primarily related to attendanceat a particular school within the unit, and

c.         Attest that thecaregiver adult has been given and accepts responsibility for educationaldecisions for the student.

If the student's parent,guardian, or legal custodian is unable, refuses, or is otherwise unavailable tosign the affidavit, then the caregiver adult shall attest to that fact in theaffidavit. If the student is a minor, the caregiver adult must make educationaldecisions concerning the student and has the same legal authority andresponsibility regarding the student as a parent or legal custodian would haveeven if the parent, guardian, or legal custodian does not sign the affidavit.The minor student's parent, legal guardian, or legal custodian retainsliability for the student's acts.

Upon receipt of bothaffidavits or an affidavit from the caregiver adult that includes anattestation that the student's parent, guardian, or legal custodian is unable,refuses, or is otherwise unavailable to sign an affidavit, the local boardshall admit and assign as soon as practicable the student to an appropriateschool, as determined under the local board's school assignment policy, pendingthe results of any further procedures for verifying eligibility for attendanceand assignment within the local school administrative unit.

If it is found that theinformation contained in either or both affidavits is false, then the localboard may, unless the student is otherwise eligible for school attendance underother laws or local board policy, remove the student from school. If a studentis removed from school, the board shall provide an opportunity to appeal theremoval under the appropriate policy of the local board and shall notify anyperson who signed the affidavit of this opportunity. If it is found that aperson willfully and knowingly provided false information in the affidavit, themaker of the affidavit shall be guilty of a Class 1 misdemeanor and shall payto the local board an amount equal to the cost of educating the student duringthe period of enrollment. Repayment shall not include State funds.

Affidavits shall include, inlarge print, the penalty, including repayment of the cost of educating thestudent, for providing false information in an affidavit.

(a4)      When a studenttransfers into the public schools of a local school administrative unit, thatlocal board shall require the student's parent, guardian, or legal custodian toprovide a statement made under oath or affirmation before a qualified officialindicating whether the student is, at the time, under suspension or expulsionfrom attendance at a private or public school in this or any other state or hasbeen convicted of a felony in this or any other state. This subsection does notapply to the enrollment of a student who has never been enrolled in or attendeda private or public school in this or any other state.

(a5)      Notwithstanding anyother law, a local board may deny admission to or place reasonable conditionson the admission of a student who has been suspended from a school under G.S.115C‑391 or who has been suspended from a school for conduct that couldhave led to a suspension from a school within the local school administrativeunit where the student is seeking admission until the period of suspension hasexpired. Also, a local board may deny admission to or place reasonableconditions on the admission of a student who has been expelled from a schoolunder G.S. 115C‑391 or who has been expelled from a school for behaviorthat indicated the student's continued presence in school constituted a clearthreat to the safety of other students or employees or who has been convictedof a felony in this or any other state. If the local board denies admission toa student who has been expelled or convicted of a felony, the student mayrequest the local board to reconsider that decision in accordance with G.S.115C‑391(d). When a student who has been identified as eligible to receivespecial education and related services under the Individuals with DisabilitiesEducation Improvement Act, 20 U.S.C. § 1400, et seq., (2004), is deniedadmission under this subsection, the local board shall provide educationalservices to the student to the same extent it would if the student wereenrolled in the local school administrative unit at the time of the suspensionor expulsion, as required by G.S. 115C‑107.1(a)(3).

(a6)      A child who isplaced in or assigned to a licensed facility is eligible for admission, withoutthe payment of tuition, to the public schools of the local schooladministrative unit in which the licensed facility is located. If an agency orperson, other than the student's parent or guardian, is the student's legalcustodian and if that person or agency placed or assigned the student to alicensed facility under this subsection, then that agency or person mustprovide in writing to the school the name, address, and phone number of theindividual who has authority and the responsibility to make educationaldecisions for the student. This individual shall reside or be employed withinthe local school administrative unit and shall provide in writing to the schoola signed statement that the individual understands and accepts this authorityand responsibility to make educational decisions for the student. If thestudent's parent or legal guardian retains legal custody of a child who isplaced in or assigned to a licensed facility under this subsection, then therequirements of subsection (a3) of this section must be met.

(a7)      A student who is aresident of a local school administrative unit because the student resides witha parent, guardian, or legal custodian who is a (i) student, employee, orfaculty member of a college or university or (ii) visiting scholar at theNational Humanities Center is considered domiciled in that unit for purposes ofthis section.

(a8)      A student isconsidered domiciled in a local school administrative unit for purposes of thissection if the student resides (i) with a legal custodian who is not thestudent's parent or guardian and the legal custodian is domiciled in the localschool administrative unit, or (ii) in a preadoptive home following placementby a county department of social services or a licensed child‑placingagency.

(b)        Each local board ofeducation shall assign to a public school each student qualified for assignmentunder this section. Except as otherwise provided by law, the authority of eachboard of education in the matter of assignment of children to the publicschools shall be full and complete, and its decision as to the assignment ofany child to any school shall be final.

(c)        Any child who isqualified under the laws of this State for admission to a public school and whohas a place of residence in a local school administrative unit incident to thechild's parent's or guardian's service in the General Assembly, other than thelocal school administrative unit in which the child is domiciled, is entitledto attend school in the local school administrative unit of that residence asif the child were domiciled there, subject to the payment of applicable out‑of‑countyfees in effect at the time.

(d)        A student domiciledin one local school administrative unit may be assigned either with or withoutthe payment of tuition to a public school in another local schooladministrative unit upon the terms and conditions agreed to in writing betweenthe local boards of education involved and entered in the official records ofthe boards. The assignment shall be effective only for the current school year,but may be renewed annually in the discretion of the boards involved.

(e)        The boards ofeducation of adjacent local school administrative units may operate schools inadjacent units upon written agreements between the respective boards ofeducation and approval by the county commissioners and the State Board ofEducation.

(f)         This section shallnot be construed to allow students to transfer from one local schooladministrative unit to another for athletic participation purposes in violationof eligibility requirements established by the State Board of Education and theNorth Carolina High School Athletic Association.

(g)        Any local schooladministrative unit may use the actual address of a program participant for anypurpose related to admission or assignment under this Article as long as theaddress is kept confidential from the public under Chapter 15C of the GeneralStatutes. The substitute address designated by the Attorney General under theAddress Confidentiality Program shall not be used as an address for admissionor assignment purposes.

(h)        The followingdefinitions apply in this section:

(1)        Abused or neglected.– A student is considered abused or neglected if there has been an adjudicationof that issue. The State Board may adopt an additional definition of abuse andneglect, and that definition also shall apply to this section.

(2)        Caregiver adult. – Theadult with whom the child resides. For children placed or assigned in alicensed facility, a caregiver adult also may be the child's caretaker, fosterparent, or other clearly identifiable adult who resides in the county where thelicensed facility is located.

(3)        Educationaldecisions. – Decisions or actions recommended or required by the school concerningthe student's academic course of study, extracurricular activities, andconduct. These decisions or actions include enrolling the student, receivingand responding to notices of discipline under G.S. 115C‑391, attendingconferences with school personnel, granting permission for school‑relatedactivities, granting permission for emergency medical care, receiving andtaking appropriate action in connection with student records, and any otherdecisions or actions recommended or required by the school in connection tothat student.

(4)        Facility. – A grouphome, a family foster home as defined in G.S. 131D‑10.2(8), or atherapeutic foster home as defined in G.S. 131D‑10.2(14).

(5)        Homeless. – Individualswho lack a fixed, regular, and adequate nighttime residence or are included inthe definition of homeless children and youths in the McKinney‑VentoHomeless Education Assistance Improvements Act of 2001. The term does notinclude persons who are imprisoned or otherwise detained pursuant to federal orState law.

(6)        Legal custodian. – Theperson or agency that has been awarded legal custody of the student by a court.

(7)        Licensed facility. –A facility licensed under Article 2 of Chapter 122C of the General Statutes orunder Article 1A of Chapter 131D of the General Statutes.

(8)        McKinney‑VentoHomeless Education Assistance Improvements Act of 2001. – 20 U.S.C. § 11431, etseq., as amended, and federal regulations adopted under this act.

(9)        Program participant.– An individual accepted into the Address Confidentiality Program under Chapter15C of the General Statutes.

(10)      Unaccompanied youth.– Youths who are not in the physical custody of a parent or guardian as definedin the McKinney‑Vento Homeless Education Assistance Improvements Act of2001.  (1955, c.366, s. 1; c. 1372, art. 19, s. 3; 1956, Ex. Sess., c. 7, s. 1; 1971, c. 153;1981, c. 423, s. 1; c. 567, s. 1; 1991, c. 407, s. 1; c. 719, s. 2; 1997‑271,s. 1; 1997‑443, s. 8.29(d); 2002‑171, s. 5; 2006‑65, s. 1;2007‑283, s. 1; 2008‑185, s. 2; 2008‑187, s. 19; 2009‑331,ss. 1, 2.)