GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
SENATE BILL 498
RATIFIED BILL
AN ACT to require the involvement of a parent or guardian before school officials may administer corporal punishment on a student.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 115C-391(a)(5) reads as rewritten:
"(5)
Corporal punishment shall not be administered on a student who is a child
with a disability as defined in G.S. 115C-106.3(1) or on a student with a
disability who is covered under section 504 of the federal Rehabilitation Act
of 1973, as amended, 29 U.S.C. § 794, whose parent or guardian has stated in
writing that corporal punishment shall not be administered on that student.
Parents and guardians shall be given a form to make such an election at the
beginning of the school year or when the student first enters the school during
the year. If a parent or guardian has not submitted in writing that corporal
punishment shall not be used on the student, then the form shall be presented
to the parent or guardian at the first individualized education program or
section 504 plan meeting held during the school year. Corporal
punishment shall not be administered on a student whose parent or guardian has
stated in writing that corporal punishment shall not be administered to that
student. Parents and guardians shall be given a form to make such an election
at the beginning of the school year or when the student first enters the school
during the year. The form shall advise the parent or guardian that the
student may be subject to suspension, among other possible punishments, for
offenses that would otherwise not require suspension if corporal punishment
were available. If the parent or guardian does not return the form,
corporal punishment may be administered on the student."
SECTION 2. This act is effective when it becomes law and applies beginning with the 2011-2012 school year.
In the General Assembly read three times and ratified this the 17th day of June, 2011.
_____________________________________
Walter H. Dalton
President of the Senate
_____________________________________
Thom Tillis
Speaker of the House of Representatives
_____________________________________
Beverly E. Perdue
Governor
Approved __________.m. this ______________ day of ___________________, 2011