§ 115C-367. Assignment on certain bases prohibited. - North Carolina Statutes

§ 115C‑367.  Assignmenton certain bases prohibited.

No person shall be refusedadmission to or be excluded from any public school in this State on account ofrace, creed, color or national origin. No school attendance district or zoneshall be drawn for the purpose of segregating persons of various races, creeds,colors or national origins from the community.

Where local schooladministrative units have divided the geographic area into attendance districtsor zones, pupils shall be assigned to schools within such attendance districts:Provided, however, that the board of education of a local school administrativeunit may assign any pupil to a school outside of such attendance district orzone in order that such pupil may attend a school of a specialized kindincluding but not limited to a vocational school or school operated for, oroperating programs for, pupils mentally or physically handicapped, or for anyother reason which the board of education in its sole discretion deemssufficient.

The provisions of Part 1D ofArticle 9 of this Chapter, G.S. 115C‑366(b), and G.S. 115C‑367 toG.S. 115C‑370 shall not apply to a temporary assignment due to theunsuitability of a school for its intended purpose nor to any assignment ortransfer necessitated by overcrowded conditions or other circumstances which,in the sole discretion of the school board, require assignment or reassignment.

The provisions of Part 1D ofArticle 9 of this Chapter, G.S. 115C‑366(b), and G.S. 115C‑367 toG.S. 115C‑370 shall not apply to an application for the assignment orreassignment by the parent, guardian or person standing in loco parentis of anypupil or to any assignment made pursuant to a choice made by any pupil who iseligible to make such choice pursuant to the provisions of a freedom of choiceplan voluntarily adopted by the board of education of a local schooladministrative unit. (1969, c. 1274; 1981, c. 423, s. 1; 2006‑69, s. 3(j).)