State Codes and Statutes

Statutes > North-carolina > Chapter_115C > GS_115C-47

§ 115C‑47.  Powers andduties generally.

In addition to the powers andduties designated in G.S. 115C‑36, local boards of education shall havethe power or duty:

(1)        To Provide anAdequate School System. – It shall be the duty of local boards of education toprovide adequate school systems within their respective local schooladministrative units, as directed by law.

(2)        To Exercise CertainJudicial Functions and to Participate in Certain Suits and Actions. – Localboards of education shall have the power and authority to exercise certainjudicial functions pursuant to the provisions of G.S. 115C‑45 and toparticipate in certain suits and actions pursuant to the provisions of G.S.115C‑44.

(3)        To Divide LocalSchool Administrative Units into Attendance Areas. – Local boards of educationshall have authority to divide their various units into attendance areaswithout regard to district lines.

(4)        To RegulateExtracurricular Activities. – Local boards of education shall make all rulesand regulations necessary for the conducting of extracurricular activities inthe schools under their supervision, including a program of athletics, wheredesired, without assuming liability therefor; provided, that allinterscholastic athletic activities shall be conducted in accordance with rulesand regulations prescribed by the State Board of Education.

(5)        To Fix Time ofOpening and Closing Schools. – The time of opening and closing the publicschools shall be fixed under G.S. 115C‑84.2.

(6)        To Regulate Fees,Charges and Solicitations. – Local boards of education shall adopt rules andregulations governing solicitations of, sales to, and fund‑raisingactivities conducted by, the students and faculty members in schools undertheir jurisdiction, and no fees, charges, or costs shall be collected fromstudents and school personnel without approval of the board of education asrecorded in the minutes of said board; provided, this subdivision shall notapply to such textbooks fees as are determined and established by the StateBoard of Education. All schedules of fees, charges and solicitations approvedby local boards of education shall be reported to the Superintendent of PublicInstruction.

(7)        To Accept andAdminister Federal or Private Funds. – Local boards of education shall have powerand authority to accept, receive and administer any funds or financialassistance given, granted or provided under the provisions of the Elementaryand Secondary Education Act of 1965 (Public Law 89‑10, 89th Congress, HR2362) and under the provisions of the Economic Opportunity Act of 1964 (PublicLaw 88‑452, 88th Congress, S. 2642), or other federal acts or funds fromfoundations or private sources, and to comply with all conditions andrequirements necessary for the receipt, acceptance and use of said funds. Inthe administration of such funds, local boards of education shall haveauthority to enter into contracts with and to cooperate with and to carry outprojects with nonpublic elementary and secondary schools, community groups andnonprofit corporations, and to enter into joint agreements for these purposeswith other local boards of education. Local boards of education shall furnishsuch information as shall be requested by the State Board of Education, fromtime to time, relating to any programs related or conducted pursuant to thissubdivision.

(8)        To Sponsor orConduct Educational Research. – Local boards of education are authorized tosponsor or conduct educational research and special projects approved by theDepartment of Public Instruction and the State Board of Education that mayimprove the school system under their jurisdictions. Such research or projectsmay be conducted during the summer months and the board may use any availablefunds for such purposes.

(9)        To Assure AccurateAttendance Records. – When the governing board of any local schooladministrative unit shall have information that inaccurate school attendancerecords are being kept, the board concerned shall immediately investigate suchinaccuracies and take necessary action to establish and maintain correctrecords and report its findings and action to the State Board of Education.

(10)      To Assure AppropriateClass Size. – It shall be the responsibility of local boards of education toassure that the class size and teaching load requirements set forth in G.S.115C‑301 are met. Any teacher who believes that the requirements of G.S.115C‑301 have not been met shall make a report to the principal andsuperintendent, and the superintendent shall immediately determine whether therequirements have in fact not been met. If the superintendent determines therequirements have not been met, he shall make a report to the next local boardof education meeting. The local board of education shall take action to meetthe requirements of the statute. If the local board cannot organizationallycorrect the exception and if any of the conditions set out in G.S. 115C‑301(g)(1)exist, it shall immediately apply to the State Board of Education foradditional personnel or a waiver of the class size requirements, as provided inG.S. 115C‑301(g).

            Uponnotification from the State Board of Education that the reported exception doesnot qualify for an allotment adjustment or a waiver under provisions of G.S.115C‑301, the local board, within 30 days, shall take action necessary tocorrect the exception.

            Atthe end of the second month of each school year, the local board of education,through the superintendent, shall file a report with the State Board ofEducation, in a format prescribed by the State Board of Education, describingthe organization of each school, the duties of each teacher, the size of eachclass, and the teaching load of each teacher. As of February 1 each year, localboards of education, through the superintendent, shall report all exceptions toindividual class size and daily teaching load maximums that exist at that time.

            Inaddition to assuring that the requirements of G.S. 115C‑301 are met, eachlocal board of education shall also have the duty to provide an adequate numberof classrooms to meet the requirements of that statute.

(11)      To Determine theSchool Calendar. – Local boards of education shall determine the schoolcalendar under G.S. 115C‑84.2.

(12)      (For finaleffective date, see notes) To Implement the Basic Education Program. – Localboards of education shall implement the Basic Education Program in accordancewith rules adopted by the State Board. This implementation shall includeprovision for the efficient teaching of the course content required by thestandard course of study.

(12)      (For futureeffective date, see notes) To Implement the Basic Education Program. – Localboards of education shall implement the Basic Education Program in accordancewith rules adopted by the State Board. This implementation shall include provisionfor the efficient teaching of the course content required by the BasicEducation Program.

(13)      To Elect aSuperintendent. – The local boards of education shall elect superintendentssubject to the requirements and limitations set forth in G.S. 115C‑271.

(14)      To Supply an Office,Equipment and Clerical Assistance for the Superintendent. – It shall be theduty of the various boards of education to provide the superintendent ofschools with an office, equipment and clerical assistance as provided in G.S. 115C‑277.

(15)      To Prescribe Dutiesof Superintendent. – The local boards of education shall prescribe the dutiesof the superintendent as subject to the provisions of G.S. 115C‑276(a).

(16)      To Remove aSuperintendent, When Necessary. – Local boards of education shall remove asuperintendent for cause, pursuant to the provisions of G.S. 115C‑274(a).

(17)      To Employ AssistantSuperintendent and Supervisors. – Local boards of education have the authorityto employ assistant superintendents and supervisors pursuant to the provisionsof G.S. 115C‑278 and 115C‑284(g).

(18)      To Make RulesConcerning the Conduct and Duties of Personnel. – Local boards of education,upon the recommendation of the superintendent, shall have full power to makeall just and needful rules and regulations governing the conduct of teachers,principals, and supervisors, the kind of reports they shall make, and theirduties in the care of school property.

            Priorto the beginning of each school year, each local board of education shallidentify all reports, including local school required reports, that arerequired at the local level for the school year and shall, to the maximumextent possible, eliminate any duplicate or obsolete reporting requirements. Noadditional reports shall be required at the local level after the beginning ofthe school year without the prior approval of the local board of education.

            Eachlocal board of education shall appoint a person or establish a paperworkcontrol committee to monitor all reports and other paperwork required ofteachers by the central office.

(18a)    To Adopt Rules andPolicies Limiting the Noninstructional Duties of Teachers. – Local boards ofeducation shall adopt rules and policies limiting the noninstructional dutiesassigned to teachers. A local board may temporarily suspend the rules andpolicies for individual schools upon a finding that there is a compellingreason the rules or policies should not be implemented. These rules andpolicies shall ensure that:

a.         Teachers withinitial certification are not assigned extracurricular activities unless theyrequest the assignments in writing and that other noninstructional dutiesassigned to these teachers are minimized, so these teachers have an opportunityto develop into skilled professionals;

b.         Teachers with 27 ormore years of experience are not assigned extracurricular activities unlessthey request the assignments in writing and that other noninstructional dutiesassigned to these teachers are minimized, so these teachers have an opportunityto informally share their experience and expertise with their colleagues;

c.         The noninstructionalduties of all teachers are limited to the extent possible given federal, State,and local laws, rules, and policies, and that the noninstructional dutiesrequired of teachers are distributed equitably among employees.

(19)      To Approve theAssignment of Duties to an Assistant Principal. – Local boards of educationshall permit certain duties of the principal to be assigned to an assistant oracting principal pursuant to the provisions of G.S. 115C‑289.

(20)      To Provide forTraining of Teachers. – Local boards of education are authorized to provide forthe training of teachers as provided in G.S. 115C‑300.

(21)      It is the duty ofevery local board of education to provide for the prompt monthly payment of allsalaries due teachers and other school officials and employees, and of allcurrent bills and other necessary operating expenses. All salaries and billsshall be paid as provided by law for disbursing State and local funds.

            Thelocal board shall determine salary schedules of employees pursuant to theprovisions of G.S. 115C‑273, 115C‑285(b), 115C‑302.1(i), and115C‑316(b).

            Theauthority for boards of education to issue salary vouchers to all schoolemployees, whether paid from State or local funds, shall be a monthly payrollprepared on forms approved by the State Board of Education and containing allinformation required by the State Board of Education. This monthly payrollshall be signed by the principal of each school.

(22)      To Provide SchoolFood Services. – Local boards of education shall provide, to the extentpracticable, school food services as provided in Part 2 of Article 17 of thisChapter.

(23)      To Purchase Equipmentand Supplies. – Local boards shall contract for equipment and supplies underG.S. 115C‑522(a) and G.S. 115C‑528.

(24)      Purchase of ActivityBuses with Local Capital Outlay Tax Funds. – Local boards of education areauthorized to purchase activity buses with local capital outlay tax funds, andare authorized to maintain these buses in the county school bus garage.Reimbursement to the State Public School Fund shall be made for all maintenancecost including labor, gasoline and oil, repair parts, tires and tubes,antifreeze, etc. Labor cost reimbursements and local funds may be used toemploy additional mechanics so as to insure that all activity buses owned andoperated by local boards of education are maintained in a safe mechanicalcondition. Replacement units for activity buses shall be financed with localfunds.

(25)      To Secure LiabilityInsurance. – Local boards of education are authorized to secure liabilityinsurance, as provided in G.S. 115C‑42, so as to waive their immunity forliability for certain negligent acts of their employees.

(25a)    To Reimburse theAdditional Cost of Automobile Liability Coverage for School Social WorkersRequired to Transport Students. – Unless a local board of education otherwiseprovides for liability insurance coverage of a school social worker who isrequired to transport students under G.S. 115C‑317.1, a local board ofeducation may require a school social worker who is required to transportstudents as provided under G.S. 115C‑317.1 to increase the liabilitylimits or add a business‑use rider, or both, on that employee's personalautomobile liability insurance policy for the purpose of transporting studentswithin the course of that employee's work duties, only if the board reimbursesthe employee for the additional premium charged, up to the maximum additional amountcharged to a person with up to two points assessed under the Safe DriverIncentive Plan pursuant to G.S. 58‑36‑65, for the increasedliability limits or the added rider, or both.

(26)      If a local board ofeducation provides access to its buildings and campus and the studentinformation directory to persons or groups which make students aware ofoccupational or educational options, the local board of education shall provideaccess on the same basis to official recruiting representatives of the militaryforces of the State and of the United States for the purpose of informingstudents of educational and career opportunities available in the military.

(27)      Repealed by SessionLaws 1987, c. 571, s. 2.

(28)      To Enter LeasePurchase and Installment Purchase Contracts. – Local boards may enter intolease purchase and installment purchase contracts as provided in G.S. 115C‑528.

(28a)    To Enter GuaranteedEnergy Savings Contracts for Energy Conservation Measures. – Local boards maypurchase energy conservation measures by guaranteed energy savings contractspursuant to Part 2 of Article 3B of Chapter 143 of the General Statutes.

(29)      To Authorize theObservance of a Moment of Silence. – To afford students and teachers a momentof quiet reflection at the beginning of each day in the public schools, tocreate a boundary between school time and nonschool time, and to set a tone ofdecorum in the classroom that will be conducive to discipline and learning,each local board of education may adopt a policy to authorize the observance ofa moment of silence at the commencement of the first class of each day in allgrades in the public schools. Such a policy shall provide that the teacher incharge of the room in which each class is held may announce that a period ofsilence not to exceed one minute in duration shall be observed and that duringthat period silence shall be maintained and no one may engage in any otheractivities. Such period of silence shall be totally and completely unstructuredand free of guidance or influence of any kind from any sources.

(29a)    To Require the Displayof the United States and North Carolina Flags, and to Require the Recitation ofthe Pledge of Allegiance. – Local boards of education shall adopt policies to(i) require the display of the United States and North Carolina flags in eachclassroom, when available, (ii) require that recitation of the Pledge ofAllegiance be scheduled on a daily basis, and (iii) provide age‑appropriateinstruction on the meaning and historical origins of the flag and the Pledge ofAllegiance. These policies shall not compel any person to stand, salute theflag, or recite the Pledge of Allegiance. If flags are donated or are otherwiseavailable, flags shall be displayed in each classroom.

(29b)    To Ensure Freedom ofReligion. – No local board of education shall have a policy of denying, or thateffectively prevents participation in, prayer in public schools by individualson a voluntary basis, except when necessary to maintain order and discipline.No local board of education shall encourage or require any person toparticipate in prayer or influence the form or content of any prayer in publicschools. This subdivision shall not be construed to direct any local board ofeducation to take any action in violation of the Constitutions of NorthCarolina or the United States.

(30)      To Appoint AdvisoryCouncils. – Local boards of education are authorized to appoint advisorycouncils as provided in G.S. 115C‑55.

(31)      Local boards ofeducation shall determine the hours of employment for teacher assistants. TheLegislative Commission of Salary Schedules for Public School Employees shallinclude in its report to the General Assembly recommendations regarding hoursof employment for teacher assistants and other employees.

(32)      To Refer All StudentsWho Drop Out of the Public Schools to Appropriate Services. – Local boards ofeducation shall refer all students who drop out of the public schools toappropriate services. When appropriate public school services such as extendedday programs are available, the local boards shall refer the students to thoseservices. When appropriate public school programs are not available or are notsuitable for certain students, the local board shall refer the students to thecommunity college system or to other appropriate services.

(32a)    To EstablishAlternative Learning Programs and Develop Policies and Guidelines. – Each localboard of education shall establish at least one alternative learning programand shall adopt guidelines for assigning students to alternative learningprograms. These guidelines shall include (i) a description of the programs andservices to be provided, (ii) a process for ensuring that an assignment isappropriate for the student and that the student's parents are involved in the decision,and (iii) strategies for providing alternative learning programs, when feasibleand appropriate, for students who are subject to long term suspension orexpulsion. In developing these guidelines, local boards shall consider theState Board's standards developed under G.S. 115C‑12(24). Upon adoptionof policies and guidelines under this subdivision, local boards are encouragedto incorporate them in their safe school plans developed under G.S. 115C‑105.47.

            TheGeneral Assembly urges local boards to adopt policies that prohibitsuperintendents from assigning to any alternative learning program anyprofessional public school employee who has received within the last threeyears a rating on a formal evaluation that is less than above standard.

            Notwithstandingthis subdivision, each local board shall adopt policies based on the StateBoard's standards developed under G.S. 115C‑12(24). These policies shallapply to any new alternative learning program or alternative school that isimplemented beginning with the 2006‑2007 school year. Local boards ofeducation are encouraged to apply these standards to alternative learningprograms and alternative schools implemented before the 2006‑2007 schoolyear.

            Localboards shall assess on a regular basis whether the unit's alternative schoolsand alternative learning programs comply with the State Board's standardsdeveloped under G.S. 115C‑12(24) and whether they incorporate bestpractices for improving student academic performance and reducing disruptivebehavior, are staffed with professional public school employees who are welltrained and provided with appropriate staff development, are organized toprovide coordinated services, and provide students with high quality andrigorous academic instruction.

(33)      Local boards ofeducation shall have sole authority to select and procure supplementaryinstructional materials, whether or not the materials contain commercialadvertising, pursuant to the provisions of G.S. 115C‑98(b).

(33a)    To Approve and UseTextbooks Not Adopted by State Board of Education. – Local boards of educationshall have the authority to select, procure, and use textbooks not adopted bythe State Board of Education as provided in G.S. 115C‑98(b1).

(34)      To Encourage theBusiness Community to Facilitate Student Achievement. – Local boards ofeducation, in consultation with local business leaders, shall develop voluntaryguidelines relating to after‑school employment. The guidelines mayinclude an agreement to limit the number of hours a student may work or to tiethe number of hours a student may work to his academic performance, schoolattendance, and economic need. The General Assembly finds that local boards ofeducation do not currently have information regarding how many of theirstudents are employed after school and how many hours they work; the GeneralAssembly urges local boards of education to compile this critical informationso that the State can determine to what extent these students' work affectstheir school performance.

            Localboards of education shall work with local business leaders, including localchambers of commerce, to encourage employers to include and adopt as part oftheir stated personnel policies time for employees who are parents or guardiansto attend conferences with their children's teachers.

            TheSuperintendent of Public Instruction shall provide guidance and technicalassistance to the local boards of education on carrying out the provisions ofthis subdivision.

(35)      To produce schoolbuilding improvement reports. – Each administrative unit shall produce schoolbuilding improvement reports for each school building in the local schooladministrative unit, in accordance with G.S. 115C‑12(9)c3.

(36)      To Report All Acts ofSchool Violence. – Local boards of education shall report all acts of schoolviolence to the State Board of Education in accordance with G.S. 115C‑12(21).

(37)      To purchase groupaccident and health insurance for students. – Local boards of education maypurchase group accident, group health, or group accident and health insurancefor students in accordance with G.S. 58‑51‑81.

(38)      To Establish SchoolImprovement Teams. – Local boards shall adopt a policy to ensure that eachprincipal has established a school improvement team under G.S. 115C‑105.27and in accordance with G.S. 115C‑288(l) and that the composition of theteam complies with G.S. 115C‑105.27(a). Local boards shall direct thesuperintendent or the superintendent's designee to provide appropriate guidanceto principals to ensure that these teams are established and that theprincipals work together with these teams to develop, review, and amend schoolimprovement plans for their schools.

(39)      To Adopt PoliciesRelated to Student Retention Decisions. – Local boards shall adopt policiesrelated to G.S. 115C‑45(c) that include opportunities for parents andguardians to discuss decisions to retain students.

(40)      To adopt emergencyresponse plans. – Local boards of education may adopt emergency response plansrelating to incidents of school violence. These plans are not a public recordas the term "public record" is defined under G.S. 132‑1 andshall not be subject to inspection and examination under G.S. 132‑6.

(41)      To EncourageRecycling in Public Schools. – Local boards of education shall encourage recyclingin public schools and may develop and implement recycling programs at publicschools.

(42)      Recodified as G.S.115C‑375.3 by Session Laws 2005‑22, s. 3(a), effective April 28,2005.

(43)      Local boards ofeducation are encouraged to adopt policies that require superintendents toassign to the core academic courses, in seventh through ninth grades, teacherswho have at least four years' teaching experience and who have received withinthe last three years an overall rating on a formal evaluation that is at leastabove standard.

(44)      Recodified as G.S.115C‑375.4 by Session Laws 2005‑22, s. 4(a), effective April 28,2005.

(45)      To Report CertainIncidents of Seclusion and Restraint. – Local boards of education shallmaintain a record of incidents reported under G.S. 115C‑391.1(j)(4) andshall provide this information annually to the State Board of Education.

(46)      At the discretion ofthe board, to adopt policies and procedures authorizing schools that operateprograms under G.S. 115C‑307(c) to utilize unlicensed health carepersonnel to perform the technical aspects of medication administration tostudents. If adopted, the policies and procedures shall be consistent with therequirements of Article 9A of Chapter 90 of the General Statutes and shallinclude the following:

a.         Training andcompetency evaluation of medication aides as provided for under G.S. 131E‑270.

b.         Requirements forlisting under the Medication Aide Registry as provided for under G.S. 131E‑271.

c.         Requirements forsupervision of medication aides by licensed health professionals orappropriately qualified supervisory personnel consistent with Articles 5, 6,10, and 16 of Chapter 131E of the General Statutes.

(47)      To Address the Use ofPesticides in Schools. – Local boards of education shall adopt policies thataddress the use of pesticides in schools. These policies shall:

a.         Require theprincipal or the principal's designee to annually notify the students' parents,guardians, or custodians as well as school staff of the schedule of pesticideuse on school property and their right to request notification. Suchnotification shall be made, to the extent possible, at least 72 hours inadvance of nonscheduled pesticide use on school property. The notificationrequirements under this subdivision do not apply to the application of thefollowing types of pesticide products: antimicrobial cleansers, disinfectants,self‑contained baits and crack‑and‑crevice treatments, andany pesticide products classified by the United States Environmental ProtectionAgency as belonging to the U.S.E.P.A. Toxicity Class IV, "relativelynontoxic" (no signal word required on the product's label).

b.         (EffectiveOctober 1, 2011) Require the use of Integrated Pest Management. As used inthis sub‑subdivision, "Integrated Pest Management" or"IPM" means the comprehensive approach to pest management thatcombines biological, physical, chemical, and cultural tactics as well aseffective, economic, environmentally sound, and socially acceptable methods toprevent and solve pest problems that emphasizes pest prevention and provides adecision‑making process for determining if, when, and where pestsuppression is needed and what control tactics and methods are appropriate.

(48)      To Address Arsenic‑TreatedWood in the Classroom and on School Grounds. – Local boards of education shallprohibit the purchase or acceptance of chromated copper arsenate‑treatedwood for future use on school grounds. Local boards of education shall sealexisting arsenic‑treated wood in playground equipment or establish a timeline for removing existing arsenic‑treated wood on playgrounds, accordingto the guidelines established under G.S. 115C‑12(33). Local boards ofeducation are encouraged to test the soil on school grounds for contaminationcaused by the leaching of arsenic‑treated wood.

(49)      To Address Mercury inthe Classroom and on School Grounds. – Local boards of education are encouragedto remove and properly dispose of all bulk elemental mercury, chemical mercury,and bulk mercury compounds used as teaching aids in science classrooms, notincluding barometers. Local boards of education shall prohibit the future useof bulk elemental mercury, chemical mercury compounds, and bulk mercurycompounds used as teaching aids in science classrooms, not including barometers.

(50)      To Address Exposureto Diesel Exhaust Fumes. – Local boards of education shall adopt policies andprocedures to reduce students' exposure to diesel emissions.

(51)      To Ensure thatSchools Provide Information Concerning Cervical Cancer, Cervical Dysplasia,Human Papillomavirus, and the Vaccines Available to Prevent These Diseases. – Localboards of education shall ensure that schools provide parents and guardianswith information about cervical cancer, cervical dysplasia, humanpapillomavirus, and the vaccines available to prevent these diseases. Thisinformation shall be provided at the beginning of the school year to parents ofchildren entering grades five through 12. This information shall include thecauses and symptoms of these diseases, how they are transmitted, how they maybe prevented by vaccination, including the benefits and possible side effectsof vaccination, and places parents and guardians may obtain additionalinformation and vaccinations for their children.

(52)      To Ensure That CertainStudents Receive Information Annually on Lawfully Abandoning a Newborn Baby. – Notlater than August 1, 2008, local boards of education shall adopt policies toensure that students in grades nine through 12 receive information annually onthe manner in which a parent may lawfully abandon a newborn baby with aresponsible person, in accordance with G.S. 7B‑500.

(53)      To Encourage Programsfor Successful Transition Between the Middle School and High School Years. – Localboards of education are encouraged to adopt policies to implement programs thatassist students in making a successful transition between the middle school andhigh school years. The programs may include Ninth Grade Academies, programs toeffectively prepare eighth grade students for the expectations and rigors ofhigh school, early warning systems to flag students not ready for ninth gradeand develop plans for those students, mentoring programs that pairupperclassmen with incoming students, and graduation plans for students whohave fallen behind and are off track for graduation.

(54)      To Increase ParentalInvolvement in Student Achievement and Graduation Preparation. – Local boardsof education are encouraged to adopt policies to promote and support parentalinvolvement in student learning and achievement at school and at home and toencourage successful progress toward graduation. These policies may includestrategies to increase school communications with parents regardingexpectations for students and student progress, graduation requirements, andavailable course offerings, to provide increased opportunities for parentalinvolvement in schools, and to create an environment in the schools conducivefor parental involvement.

(55)      To Reduce Suspensionand Expulsion Rates and Provide for Academic Progress During Suspensions. – Localboards of education are encouraged to adopt policies and best practices toreduce suspension and expulsion rates and to provide alternative learningprograms for continued academic progress for students who have been suspended.

(56)      To Notify Parents orLegal Guardians of Students Alleged to be Victims of Acts Required to beReported to Law Enforcement and the Superintendent. – Local boards of educationshall adopt a policy on the notification to parents or legal guardians of anystudents alleged to be victims of any act that is required to be reported tolaw enforcement and the superintendent under G.S. 115C‑288(g).

(57)      To adopt a code ofethics. – Local boards of education shall adopt a resolution or policy containinga code of ethics, as required by G.S. 160A‑86.

(58)      To Inform the PublicAbout the North Carolina School Report Cards Issued by the State Board ofEducation. – Each local board of education shall ensure that the report cardissued for it by the State Board of Education receives wide distribution to thelocal press or otherwise.

(59)      To Encourage StudentVoter Registration and Preregistration. – Local boards of education areencouraged to adopt policies to promote student voter registration and preregistration.These policies may include collaboration with county boards of elections toconduct voter registration and preregistration in high schools. Completion andsubmission of voter registration or preregistration forms shall not be a courserequirement or graded assignment for students.  (1955, c. 1372, art. 5, ss. 18, 28, 30, 33; art. 6,s. 6; art. 17, s. 7; c. 1185; 1959, c. 1294; 1963, c. 425; c. 688, s. 3; 1965,c. 584, ss. 4, 6; c. 1185, s. 1; 1969, c. 517, s. 2; c. 538; 1973, c. 770, ss.1, 2; c. 782, s. 31; 1975, c. 150, s. 1; c. 965, s. 3; 1977, c. 1088, s. 4;1981, c. 423, s. 1; c. 901, s. 1; 1983 (Reg. Sess., 1984), c. 1019, s. 2, 1; c.1034, s. 16; 1985, c. 436, s. 1; c. 479, ss. 55(c)(4), 55(c)(6); c. 637; c.757, s. 145(i); 1985 (Reg. Sess., 1986), c. 975, ss. 3, 11; c. 1014, s. 58;1987, c. 340; c. 414, s. 2; c. 571, s. 2; c. 738, s. 182; 1987 (Reg. Sess.,1988), c. 1025, ss. 9, 15; c. 1086, s. 89(b); 1989, c. 585, s. 2; c. 752, s.65(b); 1989 (Reg. Sess., 1990), c. 1074, s. 23(b); 1991, c. 706, s. 1; 1991(Reg. Sess., 1992), c. 900, s. 75.1(f); 1993, c. 114, s. 1; c. 321, s. 139(c);1993 (Reg. Sess., 1994), c. 716, s. 2; c. 775, s. 5; 1995, c. 455, s. 1; c.497, ss. 1, 2; 1995 (Reg. Sess., 1996), c. 716, ss. 11, 12, 17; 1997‑443,s. 8.38(j)‑(l); 1998‑194,s. 3; 1998‑202, s. 12; 1999‑96, s. 7; 1999‑237, s. 8.25(a);1999‑373, s. 3; 1999‑397, s. 4; 1999‑456, s. 35; 2000‑67,s. 8.18(b); 2000‑140, s. 77; 2001‑424, s. 28.17(c); 2001‑500,s. 3; 2001‑512, s. 12; 2002‑103, s. 2; 2002‑178, s. 3; 2003‑147,s. 4; 2004‑118, s. 2; 2004‑203, s. 72(b); 2005‑22, ss. 3(a),4(a); 2005‑205, s. 5; 2005‑276, s. 10.40D(f); 2005‑355, s. 2;2005‑446, s. 3; 2006‑137, s. 1; 2006‑143, s. 2; 2007‑59,s. 1; 2007‑126, s. 1; 2009‑223, s. 1; 2009‑330, ss. 1, 2;2009‑403, s. 2; 2009‑410, s. 2; 2009‑451, s. 7.28; 2009‑541,s. 29(a).)

State Codes and Statutes

Statutes > North-carolina > Chapter_115C > GS_115C-47

§ 115C‑47.  Powers andduties generally.

In addition to the powers andduties designated in G.S. 115C‑36, local boards of education shall havethe power or duty:

(1)        To Provide anAdequate School System. – It shall be the duty of local boards of education toprovide adequate school systems within their respective local schooladministrative units, as directed by law.

(2)        To Exercise CertainJudicial Functions and to Participate in Certain Suits and Actions. – Localboards of education shall have the power and authority to exercise certainjudicial functions pursuant to the provisions of G.S. 115C‑45 and toparticipate in certain suits and actions pursuant to the provisions of G.S.115C‑44.

(3)        To Divide LocalSchool Administrative Units into Attendance Areas. – Local boards of educationshall have authority to divide their various units into attendance areaswithout regard to district lines.

(4)        To RegulateExtracurricular Activities. – Local boards of education shall make all rulesand regulations necessary for the conducting of extracurricular activities inthe schools under their supervision, including a program of athletics, wheredesired, without assuming liability therefor; provided, that allinterscholastic athletic activities shall be conducted in accordance with rulesand regulations prescribed by the State Board of Education.

(5)        To Fix Time ofOpening and Closing Schools. – The time of opening and closing the publicschools shall be fixed under G.S. 115C‑84.2.

(6)        To Regulate Fees,Charges and Solicitations. – Local boards of education shall adopt rules andregulations governing solicitations of, sales to, and fund‑raisingactivities conducted by, the students and faculty members in schools undertheir jurisdiction, and no fees, charges, or costs shall be collected fromstudents and school personnel without approval of the board of education asrecorded in the minutes of said board; provided, this subdivision shall notapply to such textbooks fees as are determined and established by the StateBoard of Education. All schedules of fees, charges and solicitations approvedby local boards of education shall be reported to the Superintendent of PublicInstruction.

(7)        To Accept andAdminister Federal or Private Funds. – Local boards of education shall have powerand authority to accept, receive and administer any funds or financialassistance given, granted or provided under the provisions of the Elementaryand Secondary Education Act of 1965 (Public Law 89‑10, 89th Congress, HR2362) and under the provisions of the Economic Opportunity Act of 1964 (PublicLaw 88‑452, 88th Congress, S. 2642), or other federal acts or funds fromfoundations or private sources, and to comply with all conditions andrequirements necessary for the receipt, acceptance and use of said funds. Inthe administration of such funds, local boards of education shall haveauthority to enter into contracts with and to cooperate with and to carry outprojects with nonpublic elementary and secondary schools, community groups andnonprofit corporations, and to enter into joint agreements for these purposeswith other local boards of education. Local boards of education shall furnishsuch information as shall be requested by the State Board of Education, fromtime to time, relating to any programs related or conducted pursuant to thissubdivision.

(8)        To Sponsor orConduct Educational Research. – Local boards of education are authorized tosponsor or conduct educational research and special projects approved by theDepartment of Public Instruction and the State Board of Education that mayimprove the school system under their jurisdictions. Such research or projectsmay be conducted during the summer months and the board may use any availablefunds for such purposes.

(9)        To Assure AccurateAttendance Records. – When the governing board of any local schooladministrative unit shall have information that inaccurate school attendancerecords are being kept, the board concerned shall immediately investigate suchinaccuracies and take necessary action to establish and maintain correctrecords and report its findings and action to the State Board of Education.

(10)      To Assure AppropriateClass Size. – It shall be the responsibility of local boards of education toassure that the class size and teaching load requirements set forth in G.S.115C‑301 are met. Any teacher who believes that the requirements of G.S.115C‑301 have not been met shall make a report to the principal andsuperintendent, and the superintendent shall immediately determine whether therequirements have in fact not been met. If the superintendent determines therequirements have not been met, he shall make a report to the next local boardof education meeting. The local board of education shall take action to meetthe requirements of the statute. If the local board cannot organizationallycorrect the exception and if any of the conditions set out in G.S. 115C‑301(g)(1)exist, it shall immediately apply to the State Board of Education foradditional personnel or a waiver of the class size requirements, as provided inG.S. 115C‑301(g).

            Uponnotification from the State Board of Education that the reported exception doesnot qualify for an allotment adjustment or a waiver under provisions of G.S.115C‑301, the local board, within 30 days, shall take action necessary tocorrect the exception.

            Atthe end of the second month of each school year, the local board of education,through the superintendent, shall file a report with the State Board ofEducation, in a format prescribed by the State Board of Education, describingthe organization of each school, the duties of each teacher, the size of eachclass, and the teaching load of each teacher. As of February 1 each year, localboards of education, through the superintendent, shall report all exceptions toindividual class size and daily teaching load maximums that exist at that time.

            Inaddition to assuring that the requirements of G.S. 115C‑301 are met, eachlocal board of education shall also have the duty to provide an adequate numberof classrooms to meet the requirements of that statute.

(11)      To Determine theSchool Calendar. – Local boards of education shall determine the schoolcalendar under G.S. 115C‑84.2.

(12)      (For finaleffective date, see notes) To Implement the Basic Education Program. – Localboards of education shall implement the Basic Education Program in accordancewith rules adopted by the State Board. This implementation shall includeprovision for the efficient teaching of the course content required by thestandard course of study.

(12)      (For futureeffective date, see notes) To Implement the Basic Education Program. – Localboards of education shall implement the Basic Education Program in accordancewith rules adopted by the State Board. This implementation shall include provisionfor the efficient teaching of the course content required by the BasicEducation Program.

(13)      To Elect aSuperintendent. – The local boards of education shall elect superintendentssubject to the requirements and limitations set forth in G.S. 115C‑271.

(14)      To Supply an Office,Equipment and Clerical Assistance for the Superintendent. – It shall be theduty of the various boards of education to provide the superintendent ofschools with an office, equipment and clerical assistance as provided in G.S. 115C‑277.

(15)      To Prescribe Dutiesof Superintendent. – The local boards of education shall prescribe the dutiesof the superintendent as subject to the provisions of G.S. 115C‑276(a).

(16)      To Remove aSuperintendent, When Necessary. – Local boards of education shall remove asuperintendent for cause, pursuant to the provisions of G.S. 115C‑274(a).

(17)      To Employ AssistantSuperintendent and Supervisors. – Local boards of education have the authorityto employ assistant superintendents and supervisors pursuant to the provisionsof G.S. 115C‑278 and 115C‑284(g).

(18)      To Make RulesConcerning the Conduct and Duties of Personnel. – Local boards of education,upon the recommendation of the superintendent, shall have full power to makeall just and needful rules and regulations governing the conduct of teachers,principals, and supervisors, the kind of reports they shall make, and theirduties in the care of school property.

            Priorto the beginning of each school year, each local board of education shallidentify all reports, including local school required reports, that arerequired at the local level for the school year and shall, to the maximumextent possible, eliminate any duplicate or obsolete reporting requirements. Noadditional reports shall be required at the local level after the beginning ofthe school year without the prior approval of the local board of education.

            Eachlocal board of education shall appoint a person or establish a paperworkcontrol committee to monitor all reports and other paperwork required ofteachers by the central office.

(18a)    To Adopt Rules andPolicies Limiting the Noninstructional Duties of Teachers. – Local boards ofeducation shall adopt rules and policies limiting the noninstructional dutiesassigned to teachers. A local board may temporarily suspend the rules andpolicies for individual schools upon a finding that there is a compellingreason the rules or policies should not be implemented. These rules andpolicies shall ensure that:

a.         Teachers withinitial certification are not assigned extracurricular activities unless theyrequest the assignments in writing and that other noninstructional dutiesassigned to these teachers are minimized, so these teachers have an opportunityto develop into skilled professionals;

b.         Teachers with 27 ormore years of experience are not assigned extracurricular activities unlessthey request the assignments in writing and that other noninstructional dutiesassigned to these teachers are minimized, so these teachers have an opportunityto informally share their experience and expertise with their colleagues;

c.         The noninstructionalduties of all teachers are limited to the extent possible given federal, State,and local laws, rules, and policies, and that the noninstructional dutiesrequired of teachers are distributed equitably among employees.

(19)      To Approve theAssignment of Duties to an Assistant Principal. – Local boards of educationshall permit certain duties of the principal to be assigned to an assistant oracting principal pursuant to the provisions of G.S. 115C‑289.

(20)      To Provide forTraining of Teachers. – Local boards of education are authorized to provide forthe training of teachers as provided in G.S. 115C‑300.

(21)      It is the duty ofevery local board of education to provide for the prompt monthly payment of allsalaries due teachers and other school officials and employees, and of allcurrent bills and other necessary operating expenses. All salaries and billsshall be paid as provided by law for disbursing State and local funds.

            Thelocal board shall determine salary schedules of employees pursuant to theprovisions of G.S. 115C‑273, 115C‑285(b), 115C‑302.1(i), and115C‑316(b).

            Theauthority for boards of education to issue salary vouchers to all schoolemployees, whether paid from State or local funds, shall be a monthly payrollprepared on forms approved by the State Board of Education and containing allinformation required by the State Board of Education. This monthly payrollshall be signed by the principal of each school.

(22)      To Provide SchoolFood Services. – Local boards of education shall provide, to the extentpracticable, school food services as provided in Part 2 of Article 17 of thisChapter.

(23)      To Purchase Equipmentand Supplies. – Local boards shall contract for equipment and supplies underG.S. 115C‑522(a) and G.S. 115C‑528.

(24)      Purchase of ActivityBuses with Local Capital Outlay Tax Funds. – Local boards of education areauthorized to purchase activity buses with local capital outlay tax funds, andare authorized to maintain these buses in the county school bus garage.Reimbursement to the State Public School Fund shall be made for all maintenancecost including labor, gasoline and oil, repair parts, tires and tubes,antifreeze, etc. Labor cost reimbursements and local funds may be used toemploy additional mechanics so as to insure that all activity buses owned andoperated by local boards of education are maintained in a safe mechanicalcondition. Replacement units for activity buses shall be financed with localfunds.

(25)      To Secure LiabilityInsurance. – Local boards of education are authorized to secure liabilityinsurance, as provided in G.S. 115C‑42, so as to waive their immunity forliability for certain negligent acts of their employees.

(25a)    To Reimburse theAdditional Cost of Automobile Liability Coverage for School Social WorkersRequired to Transport Students. – Unless a local board of education otherwiseprovides for liability insurance coverage of a school social worker who isrequired to transport students under G.S. 115C‑317.1, a local board ofeducation may require a school social worker who is required to transportstudents as provided under G.S. 115C‑317.1 to increase the liabilitylimits or add a business‑use rider, or both, on that employee's personalautomobile liability insurance policy for the purpose of transporting studentswithin the course of that employee's work duties, only if the board reimbursesthe employee for the additional premium charged, up to the maximum additional amountcharged to a person with up to two points assessed under the Safe DriverIncentive Plan pursuant to G.S. 58‑36‑65, for the increasedliability limits or the added rider, or both.

(26)      If a local board ofeducation provides access to its buildings and campus and the studentinformation directory to persons or groups which make students aware ofoccupational or educational options, the local board of education shall provideaccess on the same basis to official recruiting representatives of the militaryforces of the State and of the United States for the purpose of informingstudents of educational and career opportunities available in the military.

(27)      Repealed by SessionLaws 1987, c. 571, s. 2.

(28)      To Enter LeasePurchase and Installment Purchase Contracts. – Local boards may enter intolease purchase and installment purchase contracts as provided in G.S. 115C‑528.

(28a)    To Enter GuaranteedEnergy Savings Contracts for Energy Conservation Measures. – Local boards maypurchase energy conservation measures by guaranteed energy savings contractspursuant to Part 2 of Article 3B of Chapter 143 of the General Statutes.

(29)      To Authorize theObservance of a Moment of Silence. – To afford students and teachers a momentof quiet reflection at the beginning of each day in the public schools, tocreate a boundary between school time and nonschool time, and to set a tone ofdecorum in the classroom that will be conducive to discipline and learning,each local board of education may adopt a policy to authorize the observance ofa moment of silence at the commencement of the first class of each day in allgrades in the public schools. Such a policy shall provide that the teacher incharge of the room in which each class is held may announce that a period ofsilence not to exceed one minute in duration shall be observed and that duringthat period silence shall be maintained and no one may engage in any otheractivities. Such period of silence shall be totally and completely unstructuredand free of guidance or influence of any kind from any sources.

(29a)    To Require the Displayof the United States and North Carolina Flags, and to Require the Recitation ofthe Pledge of Allegiance. – Local boards of education shall adopt policies to(i) require the display of the United States and North Carolina flags in eachclassroom, when available, (ii) require that recitation of the Pledge ofAllegiance be scheduled on a daily basis, and (iii) provide age‑appropriateinstruction on the meaning and historical origins of the flag and the Pledge ofAllegiance. These policies shall not compel any person to stand, salute theflag, or recite the Pledge of Allegiance. If flags are donated or are otherwiseavailable, flags shall be displayed in each classroom.

(29b)    To Ensure Freedom ofReligion. – No local board of education shall have a policy of denying, or thateffectively prevents participation in, prayer in public schools by individualson a voluntary basis, except when necessary to maintain order and discipline.No local board of education shall encourage or require any person toparticipate in prayer or influence the form or content of any prayer in publicschools. This subdivision shall not be construed to direct any local board ofeducation to take any action in violation of the Constitutions of NorthCarolina or the United States.

(30)      To Appoint AdvisoryCouncils. – Local boards of education are authorized to appoint advisorycouncils as provided in G.S. 115C‑55.

(31)      Local boards ofeducation shall determine the hours of employment for teacher assistants. TheLegislative Commission of Salary Schedules for Public School Employees shallinclude in its report to the General Assembly recommendations regarding hoursof employment for teacher assistants and other employees.

(32)      To Refer All StudentsWho Drop Out of the Public Schools to Appropriate Services. – Local boards ofeducation shall refer all students who drop out of the public schools toappropriate services. When appropriate public school services such as extendedday programs are available, the local boards shall refer the students to thoseservices. When appropriate public school programs are not available or are notsuitable for certain students, the local board shall refer the students to thecommunity college system or to other appropriate services.

(32a)    To EstablishAlternative Learning Programs and Develop Policies and Guidelines. – Each localboard of education shall establish at least one alternative learning programand shall adopt guidelines for assigning students to alternative learningprograms. These guidelines shall include (i) a description of the programs andservices to be provided, (ii) a process for ensuring that an assignment isappropriate for the student and that the student's parents are involved in the decision,and (iii) strategies for providing alternative learning programs, when feasibleand appropriate, for students who are subject to long term suspension orexpulsion. In developing these guidelines, local boards shall consider theState Board's standards developed under G.S. 115C‑12(24). Upon adoptionof policies and guidelines under this subdivision, local boards are encouragedto incorporate them in their safe school plans developed under G.S. 115C‑105.47.

            TheGeneral Assembly urges local boards to adopt policies that prohibitsuperintendents from assigning to any alternative learning program anyprofessional public school employee who has received within the last threeyears a rating on a formal evaluation that is less than above standard.

            Notwithstandingthis subdivision, each local board shall adopt policies based on the StateBoard's standards developed under G.S. 115C‑12(24). These policies shallapply to any new alternative learning program or alternative school that isimplemented beginning with the 2006‑2007 school year. Local boards ofeducation are encouraged to apply these standards to alternative learningprograms and alternative schools implemented before the 2006‑2007 schoolyear.

            Localboards shall assess on a regular basis whether the unit's alternative schoolsand alternative learning programs comply with the State Board's standardsdeveloped under G.S. 115C‑12(24) and whether they incorporate bestpractices for improving student academic performance and reducing disruptivebehavior, are staffed with professional public school employees who are welltrained and provided with appropriate staff development, are organized toprovide coordinated services, and provide students with high quality andrigorous academic instruction.

(33)      Local boards ofeducation shall have sole authority to select and procure supplementaryinstructional materials, whether or not the materials contain commercialadvertising, pursuant to the provisions of G.S. 115C‑98(b).

(33a)    To Approve and UseTextbooks Not Adopted by State Board of Education. – Local boards of educationshall have the authority to select, procure, and use textbooks not adopted bythe State Board of Education as provided in G.S. 115C‑98(b1).

(34)      To Encourage theBusiness Community to Facilitate Student Achievement. – Local boards ofeducation, in consultation with local business leaders, shall develop voluntaryguidelines relating to after‑school employment. The guidelines mayinclude an agreement to limit the number of hours a student may work or to tiethe number of hours a student may work to his academic performance, schoolattendance, and economic need. The General Assembly finds that local boards ofeducation do not currently have information regarding how many of theirstudents are employed after school and how many hours they work; the GeneralAssembly urges local boards of education to compile this critical informationso that the State can determine to what extent these students' work affectstheir school performance.

            Localboards of education shall work with local business leaders, including localchambers of commerce, to encourage employers to include and adopt as part oftheir stated personnel policies time for employees who are parents or guardiansto attend conferences with their children's teachers.

            TheSuperintendent of Public Instruction shall provide guidance and technicalassistance to the local boards of education on carrying out the provisions ofthis subdivision.

(35)      To produce schoolbuilding improvement reports. – Each administrative unit shall produce schoolbuilding improvement reports for each school building in the local schooladministrative unit, in accordance with G.S. 115C‑12(9)c3.

(36)      To Report All Acts ofSchool Violence. – Local boards of education shall report all acts of schoolviolence to the State Board of Education in accordance with G.S. 115C‑12(21).

(37)      To purchase groupaccident and health insurance for students. – Local boards of education maypurchase group accident, group health, or group accident and health insurancefor students in accordance with G.S. 58‑51‑81.

(38)      To Establish SchoolImprovement Teams. – Local boards shall adopt a policy to ensure that eachprincipal has established a school improvement team under G.S. 115C‑105.27and in accordance with G.S. 115C‑288(l) and that the composition of theteam complies with G.S. 115C‑105.27(a). Local boards shall direct thesuperintendent or the superintendent's designee to provide appropriate guidanceto principals to ensure that these teams are established and that theprincipals work together with these teams to develop, review, and amend schoolimprovement plans for their schools.

(39)      To Adopt PoliciesRelated to Student Retention Decisions. – Local boards shall adopt policiesrelated to G.S. 115C‑45(c) that include opportunities for parents andguardians to discuss decisions to retain students.

(40)      To adopt emergencyresponse plans. – Local boards of education may adopt emergency response plansrelating to incidents of school violence. These plans are not a public recordas the term "public record" is defined under G.S. 132‑1 andshall not be subject to inspection and examination under G.S. 132‑6.

(41)      To EncourageRecycling in Public Schools. – Local boards of education shall encourage recyclingin public schools and may develop and implement recycling programs at publicschools.

(42)      Recodified as G.S.115C‑375.3 by Session Laws 2005‑22, s. 3(a), effective April 28,2005.

(43)      Local boards ofeducation are encouraged to adopt policies that require superintendents toassign to the core academic courses, in seventh through ninth grades, teacherswho have at least four years' teaching experience and who have received withinthe last three years an overall rating on a formal evaluation that is at leastabove standard.

(44)      Recodified as G.S.115C‑375.4 by Session Laws 2005‑22, s. 4(a), effective April 28,2005.

(45)      To Report CertainIncidents of Seclusion and Restraint. – Local boards of education shallmaintain a record of incidents reported under G.S. 115C‑391.1(j)(4) andshall provide this information annually to the State Board of Education.

(46)      At the discretion ofthe board, to adopt policies and procedures authorizing schools that operateprograms under G.S. 115C‑307(c) to utilize unlicensed health carepersonnel to perform the technical aspects of medication administration tostudents. If adopted, the policies and procedures shall be consistent with therequirements of Article 9A of Chapter 90 of the General Statutes and shallinclude the following:

a.         Training andcompetency evaluation of medication aides as provided for under G.S. 131E‑270.

b.         Requirements forlisting under the Medication Aide Registry as provided for under G.S. 131E‑271.

c.         Requirements forsupervision of medication aides by licensed health professionals orappropriately qualified supervisory personnel consistent with Articles 5, 6,10, and 16 of Chapter 131E of the General Statutes.

(47)      To Address the Use ofPesticides in Schools. – Local boards of education shall adopt policies thataddress the use of pesticides in schools. These policies shall:

a.         Require theprincipal or the principal's designee to annually notify the students' parents,guardians, or custodians as well as school staff of the schedule of pesticideuse on school property and their right to request notification. Suchnotification shall be made, to the extent possible, at least 72 hours inadvance of nonscheduled pesticide use on school property. The notificationrequirements under this subdivision do not apply to the application of thefollowing types of pesticide products: antimicrobial cleansers, disinfectants,self‑contained baits and crack‑and‑crevice treatments, andany pesticide products classified by the United States Environmental ProtectionAgency as belonging to the U.S.E.P.A. Toxicity Class IV, "relativelynontoxic" (no signal word required on the product's label).

b.         (EffectiveOctober 1, 2011) Require the use of Integrated Pest Management. As used inthis sub‑subdivision, "Integrated Pest Management" or"IPM" means the comprehensive approach to pest management thatcombines biological, physical, chemical, and cultural tactics as well aseffective, economic, environmentally sound, and socially acceptable methods toprevent and solve pest problems that emphasizes pest prevention and provides adecision‑making process for determining if, when, and where pestsuppression is needed and what control tactics and methods are appropriate.

(48)      To Address Arsenic‑TreatedWood in the Classroom and on School Grounds. – Local boards of education shallprohibit the purchase or acceptance of chromated copper arsenate‑treatedwood for future use on school grounds. Local boards of education shall sealexisting arsenic‑treated wood in playground equipment or establish a timeline for removing existing arsenic‑treated wood on playgrounds, accordingto the guidelines established under G.S. 115C‑12(33). Local boards ofeducation are encouraged to test the soil on school grounds for contaminationcaused by the leaching of arsenic‑treated wood.

(49)      To Address Mercury inthe Classroom and on School Grounds. – Local boards of education are encouragedto remove and properly dispose of all bulk elemental mercury, chemical mercury,and bulk mercury compounds used as teaching aids in science classrooms, notincluding barometers. Local boards of education shall prohibit the future useof bulk elemental mercury, chemical mercury compounds, and bulk mercurycompounds used as teaching aids in science classrooms, not including barometers.

(50)      To Address Exposureto Diesel Exhaust Fumes. – Local boards of education shall adopt policies andprocedures to reduce students' exposure to diesel emissions.

(51)      To Ensure thatSchools Provide Information Concerning Cervical Cancer, Cervical Dysplasia,Human Papillomavirus, and the Vaccines Available to Prevent These Diseases. – Localboards of education shall ensure that schools provide parents and guardianswith information about cervical cancer, cervical dysplasia, humanpapillomavirus, and the vaccines available to prevent these diseases. Thisinformation shall be provided at the beginning of the school year to parents ofchildren entering grades five through 12. This information shall include thecauses and symptoms of these diseases, how they are transmitted, how they maybe prevented by vaccination, including the benefits and possible side effectsof vaccination, and places parents and guardians may obtain additionalinformation and vaccinations for their children.

(52)      To Ensure That CertainStudents Receive Information Annually on Lawfully Abandoning a Newborn Baby. – Notlater than August 1, 2008, local boards of education shall adopt policies toensure that students in grades nine through 12 receive information annually onthe manner in which a parent may lawfully abandon a newborn baby with aresponsible person, in accordance with G.S. 7B‑500.

(53)      To Encourage Programsfor Successful Transition Between the Middle School and High School Years. – Localboards of education are encouraged to adopt policies to implement programs thatassist students in making a successful transition between the middle school andhigh school years. The programs may include Ninth Grade Academies, programs toeffectively prepare eighth grade students for the expectations and rigors ofhigh school, early warning systems to flag students not ready for ninth gradeand develop plans for those students, mentoring programs that pairupperclassmen with incoming students, and graduation plans for students whohave fallen behind and are off track for graduation.

(54)      To Increase ParentalInvolvement in Student Achievement and Graduation Preparation. – Local boardsof education are encouraged to adopt policies to promote and support parentalinvolvement in student learning and achievement at school and at home and toencourage successful progress toward graduation. These policies may includestrategies to increase school communications with parents regardingexpectations for students and student progress, graduation requirements, andavailable course offerings, to provide increased opportunities for parentalinvolvement in schools, and to create an environment in the schools conducivefor parental involvement.

(55)      To Reduce Suspensionand Expulsion Rates and Provide for Academic Progress During Suspensions. – Localboards of education are encouraged to adopt policies and best practices toreduce suspension and expulsion rates and to provide alternative learningprograms for continued academic progress for students who have been suspended.

(56)      To Notify Parents orLegal Guardians of Students Alleged to be Victims of Acts Required to beReported to Law Enforcement and the Superintendent. – Local boards of educationshall adopt a policy on the notification to parents or legal guardians of anystudents alleged to be victims of any act that is required to be reported tolaw enforcement and the superintendent under G.S. 115C‑288(g).

(57)      To adopt a code ofethics. – Local boards of education shall adopt a resolution or policy containinga code of ethics, as required by G.S. 160A‑86.

(58)      To Inform the PublicAbout the North Carolina School Report Cards Issued by the State Board ofEducation. – Each local board of education shall ensure that the report cardissued for it by the State Board of Education receives wide distribution to thelocal press or otherwise.

(59)      To Encourage StudentVoter Registration and Preregistration. – Local boards of education areencouraged to adopt policies to promote student voter registration and preregistration.These policies may include collaboration with county boards of elections toconduct voter registration and preregistration in high schools. Completion andsubmission of voter registration or preregistration forms shall not be a courserequirement or graded assignment for students.  (1955, c. 1372, art. 5, ss. 18, 28, 30, 33; art. 6,s. 6; art. 17, s. 7; c. 1185; 1959, c. 1294; 1963, c. 425; c. 688, s. 3; 1965,c. 584, ss. 4, 6; c. 1185, s. 1; 1969, c. 517, s. 2; c. 538; 1973, c. 770, ss.1, 2; c. 782, s. 31; 1975, c. 150, s. 1; c. 965, s. 3; 1977, c. 1088, s. 4;1981, c. 423, s. 1; c. 901, s. 1; 1983 (Reg. Sess., 1984), c. 1019, s. 2, 1; c.1034, s. 16; 1985, c. 436, s. 1; c. 479, ss. 55(c)(4), 55(c)(6); c. 637; c.757, s. 145(i); 1985 (Reg. Sess., 1986), c. 975, ss. 3, 11; c. 1014, s. 58;1987, c. 340; c. 414, s. 2; c. 571, s. 2; c. 738, s. 182; 1987 (Reg. Sess.,1988), c. 1025, ss. 9, 15; c. 1086, s. 89(b); 1989, c. 585, s. 2; c. 752, s.65(b); 1989 (Reg. Sess., 1990), c. 1074, s. 23(b); 1991, c. 706, s. 1; 1991(Reg. Sess., 1992), c. 900, s. 75.1(f); 1993, c. 114, s. 1; c. 321, s. 139(c);1993 (Reg. Sess., 1994), c. 716, s. 2; c. 775, s. 5; 1995, c. 455, s. 1; c.497, ss. 1, 2; 1995 (Reg. Sess., 1996), c. 716, ss. 11, 12, 17; 1997‑443,s. 8.38(j)‑(l); 1998‑194,s. 3; 1998‑202, s. 12; 1999‑96, s. 7; 1999‑237, s. 8.25(a);1999‑373, s. 3; 1999‑397, s. 4; 1999‑456, s. 35; 2000‑67,s. 8.18(b); 2000‑140, s. 77; 2001‑424, s. 28.17(c); 2001‑500,s. 3; 2001‑512, s. 12; 2002‑103, s. 2; 2002‑178, s. 3; 2003‑147,s. 4; 2004‑118, s. 2; 2004‑203, s. 72(b); 2005‑22, ss. 3(a),4(a); 2005‑205, s. 5; 2005‑276, s. 10.40D(f); 2005‑355, s. 2;2005‑446, s. 3; 2006‑137, s. 1; 2006‑143, s. 2; 2007‑59,s. 1; 2007‑126, s. 1; 2009‑223, s. 1; 2009‑330, ss. 1, 2;2009‑403, s. 2; 2009‑410, s. 2; 2009‑451, s. 7.28; 2009‑541,s. 29(a).)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_115C > GS_115C-47

§ 115C‑47.  Powers andduties generally.

In addition to the powers andduties designated in G.S. 115C‑36, local boards of education shall havethe power or duty:

(1)        To Provide anAdequate School System. – It shall be the duty of local boards of education toprovide adequate school systems within their respective local schooladministrative units, as directed by law.

(2)        To Exercise CertainJudicial Functions and to Participate in Certain Suits and Actions. – Localboards of education shall have the power and authority to exercise certainjudicial functions pursuant to the provisions of G.S. 115C‑45 and toparticipate in certain suits and actions pursuant to the provisions of G.S.115C‑44.

(3)        To Divide LocalSchool Administrative Units into Attendance Areas. – Local boards of educationshall have authority to divide their various units into attendance areaswithout regard to district lines.

(4)        To RegulateExtracurricular Activities. – Local boards of education shall make all rulesand regulations necessary for the conducting of extracurricular activities inthe schools under their supervision, including a program of athletics, wheredesired, without assuming liability therefor; provided, that allinterscholastic athletic activities shall be conducted in accordance with rulesand regulations prescribed by the State Board of Education.

(5)        To Fix Time ofOpening and Closing Schools. – The time of opening and closing the publicschools shall be fixed under G.S. 115C‑84.2.

(6)        To Regulate Fees,Charges and Solicitations. – Local boards of education shall adopt rules andregulations governing solicitations of, sales to, and fund‑raisingactivities conducted by, the students and faculty members in schools undertheir jurisdiction, and no fees, charges, or costs shall be collected fromstudents and school personnel without approval of the board of education asrecorded in the minutes of said board; provided, this subdivision shall notapply to such textbooks fees as are determined and established by the StateBoard of Education. All schedules of fees, charges and solicitations approvedby local boards of education shall be reported to the Superintendent of PublicInstruction.

(7)        To Accept andAdminister Federal or Private Funds. – Local boards of education shall have powerand authority to accept, receive and administer any funds or financialassistance given, granted or provided under the provisions of the Elementaryand Secondary Education Act of 1965 (Public Law 89‑10, 89th Congress, HR2362) and under the provisions of the Economic Opportunity Act of 1964 (PublicLaw 88‑452, 88th Congress, S. 2642), or other federal acts or funds fromfoundations or private sources, and to comply with all conditions andrequirements necessary for the receipt, acceptance and use of said funds. Inthe administration of such funds, local boards of education shall haveauthority to enter into contracts with and to cooperate with and to carry outprojects with nonpublic elementary and secondary schools, community groups andnonprofit corporations, and to enter into joint agreements for these purposeswith other local boards of education. Local boards of education shall furnishsuch information as shall be requested by the State Board of Education, fromtime to time, relating to any programs related or conducted pursuant to thissubdivision.

(8)        To Sponsor orConduct Educational Research. – Local boards of education are authorized tosponsor or conduct educational research and special projects approved by theDepartment of Public Instruction and the State Board of Education that mayimprove the school system under their jurisdictions. Such research or projectsmay be conducted during the summer months and the board may use any availablefunds for such purposes.

(9)        To Assure AccurateAttendance Records. – When the governing board of any local schooladministrative unit shall have information that inaccurate school attendancerecords are being kept, the board concerned shall immediately investigate suchinaccuracies and take necessary action to establish and maintain correctrecords and report its findings and action to the State Board of Education.

(10)      To Assure AppropriateClass Size. – It shall be the responsibility of local boards of education toassure that the class size and teaching load requirements set forth in G.S.115C‑301 are met. Any teacher who believes that the requirements of G.S.115C‑301 have not been met shall make a report to the principal andsuperintendent, and the superintendent shall immediately determine whether therequirements have in fact not been met. If the superintendent determines therequirements have not been met, he shall make a report to the next local boardof education meeting. The local board of education shall take action to meetthe requirements of the statute. If the local board cannot organizationallycorrect the exception and if any of the conditions set out in G.S. 115C‑301(g)(1)exist, it shall immediately apply to the State Board of Education foradditional personnel or a waiver of the class size requirements, as provided inG.S. 115C‑301(g).

            Uponnotification from the State Board of Education that the reported exception doesnot qualify for an allotment adjustment or a waiver under provisions of G.S.115C‑301, the local board, within 30 days, shall take action necessary tocorrect the exception.

            Atthe end of the second month of each school year, the local board of education,through the superintendent, shall file a report with the State Board ofEducation, in a format prescribed by the State Board of Education, describingthe organization of each school, the duties of each teacher, the size of eachclass, and the teaching load of each teacher. As of February 1 each year, localboards of education, through the superintendent, shall report all exceptions toindividual class size and daily teaching load maximums that exist at that time.

            Inaddition to assuring that the requirements of G.S. 115C‑301 are met, eachlocal board of education shall also have the duty to provide an adequate numberof classrooms to meet the requirements of that statute.

(11)      To Determine theSchool Calendar. – Local boards of education shall determine the schoolcalendar under G.S. 115C‑84.2.

(12)      (For finaleffective date, see notes) To Implement the Basic Education Program. – Localboards of education shall implement the Basic Education Program in accordancewith rules adopted by the State Board. This implementation shall includeprovision for the efficient teaching of the course content required by thestandard course of study.

(12)      (For futureeffective date, see notes) To Implement the Basic Education Program. – Localboards of education shall implement the Basic Education Program in accordancewith rules adopted by the State Board. This implementation shall include provisionfor the efficient teaching of the course content required by the BasicEducation Program.

(13)      To Elect aSuperintendent. – The local boards of education shall elect superintendentssubject to the requirements and limitations set forth in G.S. 115C‑271.

(14)      To Supply an Office,Equipment and Clerical Assistance for the Superintendent. – It shall be theduty of the various boards of education to provide the superintendent ofschools with an office, equipment and clerical assistance as provided in G.S. 115C‑277.

(15)      To Prescribe Dutiesof Superintendent. – The local boards of education shall prescribe the dutiesof the superintendent as subject to the provisions of G.S. 115C‑276(a).

(16)      To Remove aSuperintendent, When Necessary. – Local boards of education shall remove asuperintendent for cause, pursuant to the provisions of G.S. 115C‑274(a).

(17)      To Employ AssistantSuperintendent and Supervisors. – Local boards of education have the authorityto employ assistant superintendents and supervisors pursuant to the provisionsof G.S. 115C‑278 and 115C‑284(g).

(18)      To Make RulesConcerning the Conduct and Duties of Personnel. – Local boards of education,upon the recommendation of the superintendent, shall have full power to makeall just and needful rules and regulations governing the conduct of teachers,principals, and supervisors, the kind of reports they shall make, and theirduties in the care of school property.

            Priorto the beginning of each school year, each local board of education shallidentify all reports, including local school required reports, that arerequired at the local level for the school year and shall, to the maximumextent possible, eliminate any duplicate or obsolete reporting requirements. Noadditional reports shall be required at the local level after the beginning ofthe school year without the prior approval of the local board of education.

            Eachlocal board of education shall appoint a person or establish a paperworkcontrol committee to monitor all reports and other paperwork required ofteachers by the central office.

(18a)    To Adopt Rules andPolicies Limiting the Noninstructional Duties of Teachers. – Local boards ofeducation shall adopt rules and policies limiting the noninstructional dutiesassigned to teachers. A local board may temporarily suspend the rules andpolicies for individual schools upon a finding that there is a compellingreason the rules or policies should not be implemented. These rules andpolicies shall ensure that:

a.         Teachers withinitial certification are not assigned extracurricular activities unless theyrequest the assignments in writing and that other noninstructional dutiesassigned to these teachers are minimized, so these teachers have an opportunityto develop into skilled professionals;

b.         Teachers with 27 ormore years of experience are not assigned extracurricular activities unlessthey request the assignments in writing and that other noninstructional dutiesassigned to these teachers are minimized, so these teachers have an opportunityto informally share their experience and expertise with their colleagues;

c.         The noninstructionalduties of all teachers are limited to the extent possible given federal, State,and local laws, rules, and policies, and that the noninstructional dutiesrequired of teachers are distributed equitably among employees.

(19)      To Approve theAssignment of Duties to an Assistant Principal. – Local boards of educationshall permit certain duties of the principal to be assigned to an assistant oracting principal pursuant to the provisions of G.S. 115C‑289.

(20)      To Provide forTraining of Teachers. – Local boards of education are authorized to provide forthe training of teachers as provided in G.S. 115C‑300.

(21)      It is the duty ofevery local board of education to provide for the prompt monthly payment of allsalaries due teachers and other school officials and employees, and of allcurrent bills and other necessary operating expenses. All salaries and billsshall be paid as provided by law for disbursing State and local funds.

            Thelocal board shall determine salary schedules of employees pursuant to theprovisions of G.S. 115C‑273, 115C‑285(b), 115C‑302.1(i), and115C‑316(b).

            Theauthority for boards of education to issue salary vouchers to all schoolemployees, whether paid from State or local funds, shall be a monthly payrollprepared on forms approved by the State Board of Education and containing allinformation required by the State Board of Education. This monthly payrollshall be signed by the principal of each school.

(22)      To Provide SchoolFood Services. – Local boards of education shall provide, to the extentpracticable, school food services as provided in Part 2 of Article 17 of thisChapter.

(23)      To Purchase Equipmentand Supplies. – Local boards shall contract for equipment and supplies underG.S. 115C‑522(a) and G.S. 115C‑528.

(24)      Purchase of ActivityBuses with Local Capital Outlay Tax Funds. – Local boards of education areauthorized to purchase activity buses with local capital outlay tax funds, andare authorized to maintain these buses in the county school bus garage.Reimbursement to the State Public School Fund shall be made for all maintenancecost including labor, gasoline and oil, repair parts, tires and tubes,antifreeze, etc. Labor cost reimbursements and local funds may be used toemploy additional mechanics so as to insure that all activity buses owned andoperated by local boards of education are maintained in a safe mechanicalcondition. Replacement units for activity buses shall be financed with localfunds.

(25)      To Secure LiabilityInsurance. – Local boards of education are authorized to secure liabilityinsurance, as provided in G.S. 115C‑42, so as to waive their immunity forliability for certain negligent acts of their employees.

(25a)    To Reimburse theAdditional Cost of Automobile Liability Coverage for School Social WorkersRequired to Transport Students. – Unless a local board of education otherwiseprovides for liability insurance coverage of a school social worker who isrequired to transport students under G.S. 115C‑317.1, a local board ofeducation may require a school social worker who is required to transportstudents as provided under G.S. 115C‑317.1 to increase the liabilitylimits or add a business‑use rider, or both, on that employee's personalautomobile liability insurance policy for the purpose of transporting studentswithin the course of that employee's work duties, only if the board reimbursesthe employee for the additional premium charged, up to the maximum additional amountcharged to a person with up to two points assessed under the Safe DriverIncentive Plan pursuant to G.S. 58‑36‑65, for the increasedliability limits or the added rider, or both.

(26)      If a local board ofeducation provides access to its buildings and campus and the studentinformation directory to persons or groups which make students aware ofoccupational or educational options, the local board of education shall provideaccess on the same basis to official recruiting representatives of the militaryforces of the State and of the United States for the purpose of informingstudents of educational and career opportunities available in the military.

(27)      Repealed by SessionLaws 1987, c. 571, s. 2.

(28)      To Enter LeasePurchase and Installment Purchase Contracts. – Local boards may enter intolease purchase and installment purchase contracts as provided in G.S. 115C‑528.

(28a)    To Enter GuaranteedEnergy Savings Contracts for Energy Conservation Measures. – Local boards maypurchase energy conservation measures by guaranteed energy savings contractspursuant to Part 2 of Article 3B of Chapter 143 of the General Statutes.

(29)      To Authorize theObservance of a Moment of Silence. – To afford students and teachers a momentof quiet reflection at the beginning of each day in the public schools, tocreate a boundary between school time and nonschool time, and to set a tone ofdecorum in the classroom that will be conducive to discipline and learning,each local board of education may adopt a policy to authorize the observance ofa moment of silence at the commencement of the first class of each day in allgrades in the public schools. Such a policy shall provide that the teacher incharge of the room in which each class is held may announce that a period ofsilence not to exceed one minute in duration shall be observed and that duringthat period silence shall be maintained and no one may engage in any otheractivities. Such period of silence shall be totally and completely unstructuredand free of guidance or influence of any kind from any sources.

(29a)    To Require the Displayof the United States and North Carolina Flags, and to Require the Recitation ofthe Pledge of Allegiance. – Local boards of education shall adopt policies to(i) require the display of the United States and North Carolina flags in eachclassroom, when available, (ii) require that recitation of the Pledge ofAllegiance be scheduled on a daily basis, and (iii) provide age‑appropriateinstruction on the meaning and historical origins of the flag and the Pledge ofAllegiance. These policies shall not compel any person to stand, salute theflag, or recite the Pledge of Allegiance. If flags are donated or are otherwiseavailable, flags shall be displayed in each classroom.

(29b)    To Ensure Freedom ofReligion. – No local board of education shall have a policy of denying, or thateffectively prevents participation in, prayer in public schools by individualson a voluntary basis, except when necessary to maintain order and discipline.No local board of education shall encourage or require any person toparticipate in prayer or influence the form or content of any prayer in publicschools. This subdivision shall not be construed to direct any local board ofeducation to take any action in violation of the Constitutions of NorthCarolina or the United States.

(30)      To Appoint AdvisoryCouncils. – Local boards of education are authorized to appoint advisorycouncils as provided in G.S. 115C‑55.

(31)      Local boards ofeducation shall determine the hours of employment for teacher assistants. TheLegislative Commission of Salary Schedules for Public School Employees shallinclude in its report to the General Assembly recommendations regarding hoursof employment for teacher assistants and other employees.

(32)      To Refer All StudentsWho Drop Out of the Public Schools to Appropriate Services. – Local boards ofeducation shall refer all students who drop out of the public schools toappropriate services. When appropriate public school services such as extendedday programs are available, the local boards shall refer the students to thoseservices. When appropriate public school programs are not available or are notsuitable for certain students, the local board shall refer the students to thecommunity college system or to other appropriate services.

(32a)    To EstablishAlternative Learning Programs and Develop Policies and Guidelines. – Each localboard of education shall establish at least one alternative learning programand shall adopt guidelines for assigning students to alternative learningprograms. These guidelines shall include (i) a description of the programs andservices to be provided, (ii) a process for ensuring that an assignment isappropriate for the student and that the student's parents are involved in the decision,and (iii) strategies for providing alternative learning programs, when feasibleand appropriate, for students who are subject to long term suspension orexpulsion. In developing these guidelines, local boards shall consider theState Board's standards developed under G.S. 115C‑12(24). Upon adoptionof policies and guidelines under this subdivision, local boards are encouragedto incorporate them in their safe school plans developed under G.S. 115C‑105.47.

            TheGeneral Assembly urges local boards to adopt policies that prohibitsuperintendents from assigning to any alternative learning program anyprofessional public school employee who has received within the last threeyears a rating on a formal evaluation that is less than above standard.

            Notwithstandingthis subdivision, each local board shall adopt policies based on the StateBoard's standards developed under G.S. 115C‑12(24). These policies shallapply to any new alternative learning program or alternative school that isimplemented beginning with the 2006‑2007 school year. Local boards ofeducation are encouraged to apply these standards to alternative learningprograms and alternative schools implemented before the 2006‑2007 schoolyear.

            Localboards shall assess on a regular basis whether the unit's alternative schoolsand alternative learning programs comply with the State Board's standardsdeveloped under G.S. 115C‑12(24) and whether they incorporate bestpractices for improving student academic performance and reducing disruptivebehavior, are staffed with professional public school employees who are welltrained and provided with appropriate staff development, are organized toprovide coordinated services, and provide students with high quality andrigorous academic instruction.

(33)      Local boards ofeducation shall have sole authority to select and procure supplementaryinstructional materials, whether or not the materials contain commercialadvertising, pursuant to the provisions of G.S. 115C‑98(b).

(33a)    To Approve and UseTextbooks Not Adopted by State Board of Education. – Local boards of educationshall have the authority to select, procure, and use textbooks not adopted bythe State Board of Education as provided in G.S. 115C‑98(b1).

(34)      To Encourage theBusiness Community to Facilitate Student Achievement. – Local boards ofeducation, in consultation with local business leaders, shall develop voluntaryguidelines relating to after‑school employment. The guidelines mayinclude an agreement to limit the number of hours a student may work or to tiethe number of hours a student may work to his academic performance, schoolattendance, and economic need. The General Assembly finds that local boards ofeducation do not currently have information regarding how many of theirstudents are employed after school and how many hours they work; the GeneralAssembly urges local boards of education to compile this critical informationso that the State can determine to what extent these students' work affectstheir school performance.

            Localboards of education shall work with local business leaders, including localchambers of commerce, to encourage employers to include and adopt as part oftheir stated personnel policies time for employees who are parents or guardiansto attend conferences with their children's teachers.

            TheSuperintendent of Public Instruction shall provide guidance and technicalassistance to the local boards of education on carrying out the provisions ofthis subdivision.

(35)      To produce schoolbuilding improvement reports. – Each administrative unit shall produce schoolbuilding improvement reports for each school building in the local schooladministrative unit, in accordance with G.S. 115C‑12(9)c3.

(36)      To Report All Acts ofSchool Violence. – Local boards of education shall report all acts of schoolviolence to the State Board of Education in accordance with G.S. 115C‑12(21).

(37)      To purchase groupaccident and health insurance for students. – Local boards of education maypurchase group accident, group health, or group accident and health insurancefor students in accordance with G.S. 58‑51‑81.

(38)      To Establish SchoolImprovement Teams. – Local boards shall adopt a policy to ensure that eachprincipal has established a school improvement team under G.S. 115C‑105.27and in accordance with G.S. 115C‑288(l) and that the composition of theteam complies with G.S. 115C‑105.27(a). Local boards shall direct thesuperintendent or the superintendent's designee to provide appropriate guidanceto principals to ensure that these teams are established and that theprincipals work together with these teams to develop, review, and amend schoolimprovement plans for their schools.

(39)      To Adopt PoliciesRelated to Student Retention Decisions. – Local boards shall adopt policiesrelated to G.S. 115C‑45(c) that include opportunities for parents andguardians to discuss decisions to retain students.

(40)      To adopt emergencyresponse plans. – Local boards of education may adopt emergency response plansrelating to incidents of school violence. These plans are not a public recordas the term "public record" is defined under G.S. 132‑1 andshall not be subject to inspection and examination under G.S. 132‑6.

(41)      To EncourageRecycling in Public Schools. – Local boards of education shall encourage recyclingin public schools and may develop and implement recycling programs at publicschools.

(42)      Recodified as G.S.115C‑375.3 by Session Laws 2005‑22, s. 3(a), effective April 28,2005.

(43)      Local boards ofeducation are encouraged to adopt policies that require superintendents toassign to the core academic courses, in seventh through ninth grades, teacherswho have at least four years' teaching experience and who have received withinthe last three years an overall rating on a formal evaluation that is at leastabove standard.

(44)      Recodified as G.S.115C‑375.4 by Session Laws 2005‑22, s. 4(a), effective April 28,2005.

(45)      To Report CertainIncidents of Seclusion and Restraint. – Local boards of education shallmaintain a record of incidents reported under G.S. 115C‑391.1(j)(4) andshall provide this information annually to the State Board of Education.

(46)      At the discretion ofthe board, to adopt policies and procedures authorizing schools that operateprograms under G.S. 115C‑307(c) to utilize unlicensed health carepersonnel to perform the technical aspects of medication administration tostudents. If adopted, the policies and procedures shall be consistent with therequirements of Article 9A of Chapter 90 of the General Statutes and shallinclude the following:

a.         Training andcompetency evaluation of medication aides as provided for under G.S. 131E‑270.

b.         Requirements forlisting under the Medication Aide Registry as provided for under G.S. 131E‑271.

c.         Requirements forsupervision of medication aides by licensed health professionals orappropriately qualified supervisory personnel consistent with Articles 5, 6,10, and 16 of Chapter 131E of the General Statutes.

(47)      To Address the Use ofPesticides in Schools. – Local boards of education shall adopt policies thataddress the use of pesticides in schools. These policies shall:

a.         Require theprincipal or the principal's designee to annually notify the students' parents,guardians, or custodians as well as school staff of the schedule of pesticideuse on school property and their right to request notification. Suchnotification shall be made, to the extent possible, at least 72 hours inadvance of nonscheduled pesticide use on school property. The notificationrequirements under this subdivision do not apply to the application of thefollowing types of pesticide products: antimicrobial cleansers, disinfectants,self‑contained baits and crack‑and‑crevice treatments, andany pesticide products classified by the United States Environmental ProtectionAgency as belonging to the U.S.E.P.A. Toxicity Class IV, "relativelynontoxic" (no signal word required on the product's label).

b.         (EffectiveOctober 1, 2011) Require the use of Integrated Pest Management. As used inthis sub‑subdivision, "Integrated Pest Management" or"IPM" means the comprehensive approach to pest management thatcombines biological, physical, chemical, and cultural tactics as well aseffective, economic, environmentally sound, and socially acceptable methods toprevent and solve pest problems that emphasizes pest prevention and provides adecision‑making process for determining if, when, and where pestsuppression is needed and what control tactics and methods are appropriate.

(48)      To Address Arsenic‑TreatedWood in the Classroom and on School Grounds. – Local boards of education shallprohibit the purchase or acceptance of chromated copper arsenate‑treatedwood for future use on school grounds. Local boards of education shall sealexisting arsenic‑treated wood in playground equipment or establish a timeline for removing existing arsenic‑treated wood on playgrounds, accordingto the guidelines established under G.S. 115C‑12(33). Local boards ofeducation are encouraged to test the soil on school grounds for contaminationcaused by the leaching of arsenic‑treated wood.

(49)      To Address Mercury inthe Classroom and on School Grounds. – Local boards of education are encouragedto remove and properly dispose of all bulk elemental mercury, chemical mercury,and bulk mercury compounds used as teaching aids in science classrooms, notincluding barometers. Local boards of education shall prohibit the future useof bulk elemental mercury, chemical mercury compounds, and bulk mercurycompounds used as teaching aids in science classrooms, not including barometers.

(50)      To Address Exposureto Diesel Exhaust Fumes. – Local boards of education shall adopt policies andprocedures to reduce students' exposure to diesel emissions.

(51)      To Ensure thatSchools Provide Information Concerning Cervical Cancer, Cervical Dysplasia,Human Papillomavirus, and the Vaccines Available to Prevent These Diseases. – Localboards of education shall ensure that schools provide parents and guardianswith information about cervical cancer, cervical dysplasia, humanpapillomavirus, and the vaccines available to prevent these diseases. Thisinformation shall be provided at the beginning of the school year to parents ofchildren entering grades five through 12. This information shall include thecauses and symptoms of these diseases, how they are transmitted, how they maybe prevented by vaccination, including the benefits and possible side effectsof vaccination, and places parents and guardians may obtain additionalinformation and vaccinations for their children.

(52)      To Ensure That CertainStudents Receive Information Annually on Lawfully Abandoning a Newborn Baby. – Notlater than August 1, 2008, local boards of education shall adopt policies toensure that students in grades nine through 12 receive information annually onthe manner in which a parent may lawfully abandon a newborn baby with aresponsible person, in accordance with G.S. 7B‑500.

(53)      To Encourage Programsfor Successful Transition Between the Middle School and High School Years. – Localboards of education are encouraged to adopt policies to implement programs thatassist students in making a successful transition between the middle school andhigh school years. The programs may include Ninth Grade Academies, programs toeffectively prepare eighth grade students for the expectations and rigors ofhigh school, early warning systems to flag students not ready for ninth gradeand develop plans for those students, mentoring programs that pairupperclassmen with incoming students, and graduation plans for students whohave fallen behind and are off track for graduation.

(54)      To Increase ParentalInvolvement in Student Achievement and Graduation Preparation. – Local boardsof education are encouraged to adopt policies to promote and support parentalinvolvement in student learning and achievement at school and at home and toencourage successful progress toward graduation. These policies may includestrategies to increase school communications with parents regardingexpectations for students and student progress, graduation requirements, andavailable course offerings, to provide increased opportunities for parentalinvolvement in schools, and to create an environment in the schools conducivefor parental involvement.

(55)      To Reduce Suspensionand Expulsion Rates and Provide for Academic Progress During Suspensions. – Localboards of education are encouraged to adopt policies and best practices toreduce suspension and expulsion rates and to provide alternative learningprograms for continued academic progress for students who have been suspended.

(56)      To Notify Parents orLegal Guardians of Students Alleged to be Victims of Acts Required to beReported to Law Enforcement and the Superintendent. – Local boards of educationshall adopt a policy on the notification to parents or legal guardians of anystudents alleged to be victims of any act that is required to be reported tolaw enforcement and the superintendent under G.S. 115C‑288(g).

(57)      To adopt a code ofethics. – Local boards of education shall adopt a resolution or policy containinga code of ethics, as required by G.S. 160A‑86.

(58)      To Inform the PublicAbout the North Carolina School Report Cards Issued by the State Board ofEducation. – Each local board of education shall ensure that the report cardissued for it by the State Board of Education receives wide distribution to thelocal press or otherwise.

(59)      To Encourage StudentVoter Registration and Preregistration. – Local boards of education areencouraged to adopt policies to promote student voter registration and preregistration.These policies may include collaboration with county boards of elections toconduct voter registration and preregistration in high schools. Completion andsubmission of voter registration or preregistration forms shall not be a courserequirement or graded assignment for students.  (1955, c. 1372, art. 5, ss. 18, 28, 30, 33; art. 6,s. 6; art. 17, s. 7; c. 1185; 1959, c. 1294; 1963, c. 425; c. 688, s. 3; 1965,c. 584, ss. 4, 6; c. 1185, s. 1; 1969, c. 517, s. 2; c. 538; 1973, c. 770, ss.1, 2; c. 782, s. 31; 1975, c. 150, s. 1; c. 965, s. 3; 1977, c. 1088, s. 4;1981, c. 423, s. 1; c. 901, s. 1; 1983 (Reg. Sess., 1984), c. 1019, s. 2, 1; c.1034, s. 16; 1985, c. 436, s. 1; c. 479, ss. 55(c)(4), 55(c)(6); c. 637; c.757, s. 145(i); 1985 (Reg. Sess., 1986), c. 975, ss. 3, 11; c. 1014, s. 58;1987, c. 340; c. 414, s. 2; c. 571, s. 2; c. 738, s. 182; 1987 (Reg. Sess.,1988), c. 1025, ss. 9, 15; c. 1086, s. 89(b); 1989, c. 585, s. 2; c. 752, s.65(b); 1989 (Reg. Sess., 1990), c. 1074, s. 23(b); 1991, c. 706, s. 1; 1991(Reg. Sess., 1992), c. 900, s. 75.1(f); 1993, c. 114, s. 1; c. 321, s. 139(c);1993 (Reg. Sess., 1994), c. 716, s. 2; c. 775, s. 5; 1995, c. 455, s. 1; c.497, ss. 1, 2; 1995 (Reg. Sess., 1996), c. 716, ss. 11, 12, 17; 1997‑443,s. 8.38(j)‑(l); 1998‑194,s. 3; 1998‑202, s. 12; 1999‑96, s. 7; 1999‑237, s. 8.25(a);1999‑373, s. 3; 1999‑397, s. 4; 1999‑456, s. 35; 2000‑67,s. 8.18(b); 2000‑140, s. 77; 2001‑424, s. 28.17(c); 2001‑500,s. 3; 2001‑512, s. 12; 2002‑103, s. 2; 2002‑178, s. 3; 2003‑147,s. 4; 2004‑118, s. 2; 2004‑203, s. 72(b); 2005‑22, ss. 3(a),4(a); 2005‑205, s. 5; 2005‑276, s. 10.40D(f); 2005‑355, s. 2;2005‑446, s. 3; 2006‑137, s. 1; 2006‑143, s. 2; 2007‑59,s. 1; 2007‑126, s. 1; 2009‑223, s. 1; 2009‑330, ss. 1, 2;2009‑403, s. 2; 2009‑410, s. 2; 2009‑451, s. 7.28; 2009‑541,s. 29(a).)