State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_115C > GS_115C-383

§ 115C‑383. Attendance of deaf and blind children.

(a)        Deaf Children and Blind Children to Attend School; AgeLimits; Minimum Attendance. – Every deaf child and every blind child betweenthe ages of six and 18 years of sound mind in North Carolina who shall bequalified for admission into a State school for the deaf or the blind shallattend a school that has an approved program for the deaf or the blind, or inthe case of a blind child, such child may attend a public school, for a term ofnot less than nine months each year.  Parents, guardians, or custodians ofevery such blind or deaf child between the ages of six and 18 years shall send,or cause to be sent, such child to some school for the instruction of the blindor deaf or public school as herein provided.  As to any deaf child, or anyblind child not attending a public school as herein provided, thesuperintendent of any school for the blind or deaf may exempt any such childfrom attendance at any session or during any year, and may discharge from hiscustody any such blind or deaf child whenever such discharge seems necessary orproper.  Such discharge or exemption shall be reviewed by the board ofdirectors upon petition by the parent, guardian, or other interested person orthe child who has been exempted or discharged: Provided, however, that suchboard shall not be required to review such discharge or exemption more thanonce during each calendar year.  Whenever a blind or deaf child reaches the ageof 18 years and is still unable to become self‑supporting because of hisdefects, such child shall continue in said school until he reaches the age of21, unless he becomes capable of self‑support at an earlier date.

(b)        Parents, etc., Failing to Enroll Deaf Child in School Guiltyof Misdemeanor; Provisos. – The parents, guardians, or custodians of any deafchild between the ages of six and 18 years failing to enroll such deaf child orchildren in some school for instruction as provided herein, shall be guilty ofa Class 1 misdemeanor: Provided, that this subsection shall not apply to or beenforced against the parent, guardian, or custodian of any deaf child untilsuch time as the superintendent of any school for the instruction of the deafshall in his discretion serve written notice on such parent, guardian, orcustodian, directing that such child be sent to the institution, advising suchparents, guardians, or custodians of the legal requirements of this subsection:Provided, further, that the willful failure of such parent, guardian, orcustodian shall constitute a continuing offense and shall not be barred by thestatute of limitations.

(c)        Parents, etc., Failing to Send Blind Child to School Guiltyof Misdemeanor; Provisos. – The parents, guardians, or custodians of any blindchild between the ages of six and 18 years failing to send such child to someschool for the instruction of the blind or public school shall be guilty of aClass 1 misdemeanor.  This subsection shall not be enforced against theparents, guardians, or custodians of any blind child until such time as thesuperintendent of some school for the instruction of the blind shall in hisdiscretion serve written notice on such parents, guardians, or custodiansdirecting that such child be sent to the said school or to a public school, advisingsuch parents, guardians, or custodians of the legal requirements of thissubsection: Provided, further, that the willful failure of such parents,guardians, or custodians shall constitute a continuing offense and shall not bebarred by the statute of limitations.  The authorities of the Governor MoreheadSchool shall not be compelled to retain in their custody or under theirinstruction any incorrigible person of confirmed immoral habits.

(d)        Local Superintendent to Report Blind and Deaf Children. – Itshall be the duty of the local superintendents to report the names andaddresses of parents, guardians, or custodians of any deaf or blind childrenresiding within their respective local school administrative units to thesuperintendent of the institution provided for each.  Such report also shall bemade to the Department of Public Instruction. (1955, c. 1372, art. 20, ss. 7‑10; 1969, c. 749,s. 1; 1981, c. 423, s. 1; 1993, c. 539, ss. 889, 890; 1994, Ex. Sess., c. 24,s. 14(c).)