H.B. 188
GENERAL ASSEMBLY OF NORTH CAROLINA
Feb 23, 2023
SESSION 2023 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH10007-NH-8
Short Title: Standards of Student Conduct. (Public)
Sponsors: Representative Torbett.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO USE BEST PRACTICES TO AVOID DISCRIMINATION IN PUBLIC SCHOOL
3 UNIT DISCIPLINE POLICIES, TO REQUIRE DISCIPLINE POLICIES TO ADDRESS
4 SUPPORT OF STUDENTS ON SUSPENSION AND PROCEDURES FOR ASSIGNMENT
5 TO IN-SCHOOL SUSPENSION, AND TO MAKE TECHNICAL CORRECTIONS.
6 The General Assembly of North Carolina enacts:
7 SECTION 1. G.S. 115C-390.2 reads as rewritten:
8 "§ 115C-390.2. Discipline policies.
9 (a) Governing bodies of public school units, in consultation with teachers, school-based
10 administrators, parents, and local law enforcement agencies, shall adopt policies to govern the
11 conduct of students and establish procedures to be followed by school officials in disciplining
12 students. These policies must be consistent with the provisions of this Article and the
13 constitutions, statutes, and regulations of the United States and the State of North Carolina.
14 (a1) Governing bodies shall use best practices to develop and enforce discipline policies
15 that do not discriminate against students on the basis of race, ethnicity, national origin, gender,
16 or disability. In adopting these policies, governing bodies of public school units shall consider
17 any existing federal guidance for the discipline of students with disabilities as well as other
18 guidance on school discipline practices issued by the United States Department of Education.
19 …
20 (f) Governing body policies shall minimize the use of long-term suspension and
21 expulsion by restricting the availability of long-term suspension or expulsion to those violations
22 deemed to be serious violations of the governing body's Code of Student Conduct that either
23 threaten the safety of students, staff, or school visitors or threaten to substantially disrupt the
24 educational environment. Examples of conduct that would not be deemed to be a serious violation
25 include the use of inappropriate or disrespectful language, noncompliance with a staff directive,
26 dress code violations, and minor physical altercations that do not involve weapons or injury. The
27 principal may, however, in his or her discretion, determine that aggravating circumstances justify
28 treating a minor violation as a serious violation.
29 …
30 (h1) Governing body policies shall include the measures that will be taken to support a
31 student during a suspension, including measures to mitigate learning loss.
32 (h2) Governing body policies shall include the procedures to be followed by school
33 officials when assigning a student to in-school suspension. School officials are encouraged to use
34 in-school suspension over punishment that removes a student from the school building.
35 …."
36 SECTION 2. G.S. 115C-390.11(a) reads as rewritten:
*DRH10007-NH-8*
 General Assembly Of North Carolina Session 2023
1 "(a) Upon recommendation of the superintendent, a governing body of a public school
2 unit may expel any student 14 years of age or older whose continued presence in school
3 constitutes a clear threat to the safety of other students or school staff. Prior to the expulsion of
4 any student, the governing body shall conduct a hearing to determine whether the student's
5 continued presence in school constitutes a clear threat to the safety of other students or school
6 staff. The student shall be given reasonable notice of the recommendation in accordance with
7 G.S. 115C-390.8(a) and (b), as well as reasonable notice of the time and place of the scheduled
8 hearing. The following provisions apply:
9 (1) The procedures described in G.S. 115C-390.8(e)(1)-(8) apply to students
10 facing expulsion pursuant to this section, except that the decision to expel a
11 student by the local board of education shall be based on clear and convincing
12 evidence that the student's continued presence in school constitutes a clear
13 threat to the safety of other students and school staff.
14 (2) A local board of education may expel any student subject to G.S. 14-208.18
15 in accordance with the procedures of this section. Prior to ordering the
16 expulsion of a student, the local board of education shall consider whether
17 there are alternative education services that may be offered to the student. As
18 provided by G.S. 14-208.18(f), if the local board of education determines that
19 the student shall be provided educational services on school property, the
20 student shall be under the supervision of school personnel at all times.
21 (3) At the time a student is expelled under this section, the student shall be
22 provided notice of the right to petition for readmission pursuant to
23 G.S. 115C-390.12."
24 SECTION 3. G.S. 115C-390.2(j) is repealed.
25 SECTION 4. G.S. 115C-390.5(b) is repealed.
26 SECTION 5. This act is effective when it becomes law and applies beginning with
27 the 2023-2024 school year. G.S. 115C-390.2, as amended by this act, applies to material changes
28 made to policies established prior to July 1, 2023, and to new policies established on or after July
29 1, 2023.
Page 2 DRH10007-NH-8


Statutes affected:
Filed: 115C-390.2, 115C-390.11, 115C-390.5
Edition 1: 115C-390.2, 115C-390.11, 115C-390.5