§ 115C-369. Application for reassignment; notice of disapproval; hearing before board. - North Carolina Statutes

§ 115C‑369.  Applicationfor reassignment; notice of disapproval; hearing before board.

(a)        The parent orguardian of any child, or the person standing in loco parentis to any child,who is dissatisfied with the assignment made by a local board of education may,within 10 days after notification of the assignment, or the last publicationthereof, apply in writing to the local board of education for the reassignmentof the child to a different public school. Application for reassignment shallbe made on forms prescribed by the local board of education pursuant to rulesand regulations adopted by the board of education. If the application forreassignment is disapproved, the local board of education shall give notice tothe applicant by registered or certified mail, and the applicant may withinfive days after receipt of such notice apply to the local board for a hearing.The applicant shall be entitled to a prompt and fair hearing on the question ofreassignment of such child to a different school.

(b)        The local board ofeducation shall make a final determination on the question of reassignment. Theboard of education may establish initial hearings prior to the finaldetermination. If the board of education establishes initial hearings, theboard of education shall designate hearing panels composed of not less than twomembers of the board to hear such appeals in the name of the board ofeducation, and may designate a hearing officer to hear such appeals for fact‑findingand a recommended decision, or may designate both. If both are designated, anapplicant must select the entity to hold the hearing. The hearing panel'srecommendations or the hearing officer's recommended findings of fact andrecommended decision shall be submitted to the board of education for finaldetermination.

(c)        At the hearing thelocal board of education shall consider the best interest of the child, theorderly and efficient administration of the public schools, the properadministration of the school to which reassignment is requested and theinstruction, health, and safety of the pupils there enrolled, and shall assignsaid child in accordance with such factors. The local board shall render promptdecision upon the hearing, and notice of the decision shall be given to theapplicant by mail, telephone, telefax, e‑mail, or any other methodreasonably designed to achieve notice. (1955, c. 366, s. 3; 1956, Ex. Sess., c. 7, s. 3;1981, c. 423, s. 1; 1987, cc. 406, 791; 2007‑501, s. 1.)