State law requires districts to operate alternative school programs or to provide educational services to expelled students in an alternative setting.
Alternative Learning Programs
Site provides information on alternative learning programs for suspended or expelled students.
North Carolina General Statutes 115C-105.47A. Proposals to establish alternative learning programs or alternative schools
(a) Before establishing any alternative learning program or alternative school, the local board of education shall develop a proposal to implement the program or school that includes all of the following: (1) The educational and behavioral goals for students assigned to the program or school. (2) The policies and procedures for the operation of the program or school based on the State Board's Standard adopted under G.S. 115C-12(24). The policies and procedures shall address the assignment of students to the program or school. (3) Identified strategies that will be used to improve student achievement and behavior. (4) Documentation that similar programs and schools in or out of the State, or both, have demonstrated success in improving the academic achievement and behavior of students assigned to them. (5) The estimated actual cost of operating the program or school. To the extent practicable, this shall include the cost of: a. Staffing the program or school with teachers who have at least four years' teaching experience and who have received an overall rating of at least above standard on a formal evaluation and are certified in the areas and grade levels being taught; b. Providing optimum learning environments, resources and materials, and high quality, ongoing professional development that will ensure students who are placed in the program or school are provided enhanced educational opportunities in order to achieve their full potential; c. Providing support personnel, including school counselors, psychiatrists, clinical psychologists, social workers, nurses, and other professionals to help students and their families work out complex issues and problems; d. Maintaining safe and orderly learning environments; and e. Providing transitional supports for students exiting the program or school and reentering the referring school. (6) Documented support of school personnel and the community for the implementation of the program or school. (b) After the local board completes the proposal under subsection (a) of this section, the board shall submit the proposal to the State Board of Education for its review. The State Board shall review the proposal expeditiously and, if appropriate, may offer recommendations to modify the proposal. The local board shall consider any recommendations made by the State Board before implementing the alternative learning program or alternative school.
North Carolina General Statutes 115C-105.48. Placement of students in alternative schools/alternative learning programs
(a) Prior to referring a student to an alternative school or an alternative learning program, the referring school shall: (1) Document the procedures that were used to identify the student as being at risk of academic failure or as being disruptive or disorderly. (2) Provide the reasons for referring the student to an alternative school or an alternative learning program. (3) Provide to the alternative school or alternative learning program all relevant student records, including anecdotal information. (b) When a student is placed in an alternative school or an alternative learning program, the appropriate staff of the alternative school or alternative learning program shall meet to review the records forwarded by the referring school and to determine what support services and intervention strategies are recommended for the student. The parents shall be encouraged to provide input regarding the students' needs.
North Carolina General Statutes 115C-390.1. State policy and definitions
(b) The following definitions apply in this Article: (1) Alternative education services. -- Part or full-time programs, wherever situated, providing direct or computer-based instruction that allow a student to progress in one or more core academic courses. Alternative education services include programs established by the local board of education in conformity with G.S. 115C-105.47A and local board of education policies.
North Carolina General Statutes 115C-390.10. 365-day suspension for gun possession.
(f) Students who are suspended for 365 days pursuant to this section shall be considered for alternative educational services consistent with the provisions of G.S. 115C-390.9.
North Carolina General Statutes 115C-390.11. Expulsion
(2) A local board of education may expel any student subject to G.S. 14-208.18 in accordance with the procedures of this section. Prior to ordering the expulsion of a student, the local board of education shall consider whether there are alternative education services that may be offered to the student. As provided by G.S. 14-208.18(f), if the local board of education determines that the student shall be provided educational services on school property, the student shall be under the supervision of school personnel at all times.
North Carolina General Statutes 115C-390.5. Short-term suspension
(a) The principal shall have authority to impose short-term suspension on a student who willfully engages in conduct that violates a provision of the Code of Student Conduct authorizing short-term suspension. (b) If a student's short-term suspensions accumulate to more than 10 days in a semester, to the extent the principal has not already done so, he or she shall invoke the mechanisms provided for in the applicable safe schools plan adopted pursuant to G.S. 115C-105.47(b)(5) and (b)(6). (c) A student subject to short-term suspension shall be provided the following: (1) The opportunity to take textbooks home for the duration of the suspension. (2) Upon request, the right to receive all missed assignments and, to the extent practicable, the materials distributed to students in connection with the assignment. (3) The opportunity to take any quarterly, semester, or grading period examinations missed during the suspension period.
North Carolina General Statutes 115C-390.9 Alternative education services.
(a) Students who are long-term suspended shall be offered alternative education services unless the superintendent provides a significant or important reason for declining to offer such services. The following may be significant or important reasons, depending on the circumstances and the nature and setting of the alternative education services:
- (1) The student exhibits violent behavior.
- (2) The student poses a threat to staff or other students.
- (3) The student substantially disrupts the learning process.
- (4) The student otherwise engaged in serious misconduct that makes the provision of alternative educational services not feasible.
- (5) Educationally appropriate alternative education services are not available in the local school administrative unit due to limited resources.
- (6) The student failed to comply with reasonable conditions for admittance into an alternative education program.
(b) If the superintendent declines to provide alternative education services to the suspended student, the student may seek review of such decision by the local board of education as permitted by G.S. 115C-45(c)(2). If the student seeks such review, the superintendent shall provide to the student and the local board, in advance of the board's review, a written explanation for the denial of services together with any documents or other information supporting the decision.
North Carolina General Statutes 115C-47 Powers and duties generally.
(45) To Report Certain Incidents of Seclusion and Restraint. -- Local boards of education shall maintain a record of incidents reported under G.S. 115C-391.1(j)(4) and shall provide this information annually to the State Board of Education.