State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_115C > GS_115C-402

§ 115C‑402.  Student records; maintenance;contents; confidentiality.

(a)        The official record of each student enrolled in NorthCarolina public schools shall be permanently maintained in the files of theappropriate school after the student graduates, or should have graduated, fromhigh school unless the local board determines that such files may be filed inthe central office or other location designated by the local board for thatpurpose.

(b)        The official record shall contain, as a minimum, adequateidentification data including date of birth, attendance data, grading andpromotion data, and such other factual information as may be deemed appropriateby the local board of education having jurisdiction over the school wherein therecord is maintained. Each student's official record also shall include noticeof any suspension for a period of more than 10 days or of any expulsion underG.S. 115C‑391 and the conduct for which the student was suspended orexpelled. The superintendent or the superintendent's designee shall expungefrom the record the notice of suspension or expulsion if the following criteriaare met:

(1)        One of the following persons makes a request forexpungement:

a.         The student's parent, legal guardian, or custodian.

b.         The student, if the student is at least 16 years old or isemancipated.

(2)        The student either graduates from high school or is notexpelled or suspended again during the two‑year period commencing on thedate of the student's return to school after the expulsion or suspension.

(3)        The superintendent or the superintendent's designeedetermines that the maintenance of the record is no longer needed to maintainsafe and orderly schools.

(4)        The superintendent or the superintendent's designeedetermines that the maintenance of the record is no longer needed to adequatelyserve the child.

(c)        Notwithstanding subdivision (b)(1) of this section, asuperintendent or the superintendent's designee may expunge from a student'sofficial record any notice of suspension or expulsion provided all othercriteria under subsection (b) are met.

(d)        Each local board's policy on student records shall includeinformation on the procedure for expungement under subsection (b) of thissection.

(e)        The official record of each student is not a public recordas the term "public record" is defined by G.S. 132‑1. Theofficial record shall not be subject to inspection and examination asauthorized by G.S. 132‑6.

(f)         The actual address and telephone number of a student who isa participant in the Address Confidentiality Program established pursuant toChapter 15C of the General Statutes or a student with a parent who is aparticipant in the Address Confidentiality Program established pursuant toChapter 15C of the General Statutes shall be kept confidential from the publicand shall not be disclosed except as provided in Chapter 15C of the GeneralStatutes. (1975, c. 624, ss. 1, 2;1981, c. 423, s. 1; 1985, c. 268; c. 416; 1997‑443, s. 8.29(s); 2001‑195,s. 1; 2002‑171, s. 6.)