§ 115C-397.1. Management and placement of disruptive students. - North Carolina Statutes

Article 27A.

Management and Placementof Disruptive Students.

§ 115C‑397.1. Management and placement of disruptive students.

If, after a teacher hasrequested assistance from the principal two or more times due to a student'sdisruptive behavior, the teacher finds that the student's disruptive behaviorcontinues to interfere with the academic achievement of that student or otherstudents in the class, then the teacher may refer the matter to a school‑basedcommittee. The teacher may request that additional classroom teachersparticipate in the committee's proceedings. For the purposes of this section,the committee shall notify the student's parent, guardian, or legal custodianand shall encourage that person's participation in the proceedings of the committeeconcerning the student. Nothing in this section requires a student to bescreened, evaluated, or identified as a child with a disability under Article 9of this Chapter. The committee shall review the matter and shall take one ormore of the following actions: (i) advise the teacher on managing the student'sbehavior more effectively, (ii) recommend to the principal the transfer of thestudent to another class within the school, (iii) recommend to the principal amultidisciplinary evaluation of the student, (iv) recommend to the principalthat the student be assigned to an alternative learning program, or (v)recommend to the principal that the student receive any additional servicesthat the school or the school unit has the resources to provide for thestudent. If the principal does not follow the recommendation of the committee,the principal shall provide a written explanation to the committee, the teacherwho referred the matter to the committee, and the superintendent, of anyactions taken to resolve the matter and of the reason the principal did notfollow the recommendation of the committee.

This section shall be inaddition to the supplemental to disciplinary action taken in accordance withany other law. The recommendation of the committee is final and shall not beappealed under G.S. 115C‑45(c). Nothing in this section shall authorize astudent to refer a disciplinary matter to this committee or to have the matterof the student's behavior referred to this committee before any discipline isimposed on the student. (1997‑443, s. 8.29(b); 2006‑69, s. 3(m).)