§ 115C-404. Use of juvenile court information. - North Carolina Statutes

§ 115C‑404.  Use ofjuvenile court information.

(a)        Written notifications received in accordance with G.S. 7B‑3101and information gained from examination of juvenile records in accordance withG.S. 7B‑3100 are confidential records, are not public records as definedunder G.S. 132‑1, and shall not be made part of the student's officialrecord under G.S. 115C‑402. Immediately upon receipt, the principal shallmaintain these documents in a safe, locked record storage that is separate fromthe student's other school records. The principal shall shred, burn, orotherwise destroy documents received in accordance with G.S. 7B‑3100 toprotect the confidentiality of the information when the principal receivesnotification that the court dismissed the petition under G.S. 7B‑2411,the court transferred jurisdiction over the student to superior court underG.S. 7B‑2200, or the court granted the student's petition for expunctionof the records. The principal shall shred, burn, or otherwise destroy allinformation gained from examination of juvenile records in accordance with G.S.7B‑3100 when the principal finds that the school no longer needs theinformation to protect the safety of or to improve the educationalopportunities for the student or others. In no case shall the principal make acopy of these documents.

(b)        Documents received under this section shall be used only toprotect the safety of or to improve the education opportunities for the studentor others. Information gained in accordance with G.S. 7B‑3100 shall notbe the sole basis for a decision to suspend or expel a student. Upon receipt ofeach document, the principal shall share the document with those individualswho have (i) direct guidance, teaching, or supervisory responsibility for thestudent, and (ii) a specific need to know in order to protect the safety of thestudent or others. Those individuals shall indicate in writing that they haveread the document and that they agree to maintain its confidentiality. Failureto maintain the confidentiality of these documents as required by this sectionis grounds for the dismissal of an employee who is not a career employee and isgrounds for dismissal of an employee who is a career employee, in accordancewith G.S. 115C‑325(e)(1)i.

(c)        If the student graduates, withdraws from school, issuspended for the remainder of the school year, is expelled, or transfers toanother school, the principal shall return all documents not destroyed inaccordance with subsection (a) of this section to the juvenile court counselorand, if applicable, shall provide the counselor with the name and address ofthe school to which the student is transferring. (1997‑443, s. 8.29(f); 1998‑202, ss. 8,13(cc); 1998‑217, s. 12; 2000‑140, s. 25.)