NORTH CAROLINA GENERAL ASSEMBLY

1969 SESSION

CHAPTER 340

SENATE BILL 353

AN ACT TO REWRITE G.S. 115-165 TO ESTABLISH AN APPEAL PROCEDURE FROM THE DECISION OF A COUNTY OR CITY SCHOOL SUPERINTENDENT TO EXCLUDE A CHILD FROM THE PUBLIC SCHOOLS.

The General Assembly of North Carolina do enact:

Section 1.  Rewrite G.S. 115-165 to read as follows:

"Section 115-165.  Children not entitled to attend public schools. A child so severely afflicted by mental, emotional or physical incapacities as to make it unlikely for such child to substantially profit by instruction given in the public schools shall not be permitted to attend the public schools of the State. When such child is presented for enrollment in a public school, it shall be the duty of the county or city superintendent of schools to have made the appropriate medical, social, psychological and educational examination of the child to determine whether the child can profit from attending the public schools. When appropriate the school superintendent also may consult with the local health director and county director of public welfare. Upon receipt of a report indicating that the child cannot substantially profit from instruction given in the public school, the county or city superintendent of schools is authorized to exclude the child from the public schools.

"If the child is excluded from the public schools, the parent, person standing in loco parentis, or guardian of the child may appeal the superintendent's decision to the City or County Board of Education as the case may be. Such Board of Education may uphold the superintendent's decision to exclude the child or it may reverse the decision and order the child's enrollment. If it deems necessary, the Board of Education may require additional examination of the child. In the event the Board upholds the superintendent's decision to exclude the child, the action of the Board of Education shall be the final administrative determination. The parent or guardian, however, shall have the right to appeal the school board's decision to the court under Article 33 of Chapter 143 of the North Carolina General Statutes. In all such cases in which a child is excluded from a public school, a complete record of the transaction shall be available to the parent, person standing in loco parentis, or guardian at their request."

Sec. 2.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 3.  This Act shall be effective from and after its ratification.

In the General Assembly read three times and ratified, this the 28th day of April, 1969.