Power to Suspend / Dismiss Pupils

N.C. Gen. Stat. 115c-391. Suspension or expulsion of pupils.

A. Local boards of education shall adopt policies governing the conduct of students and shall cause these policies to be published and made available at the beginning of each school year to each student and his parents. Local boards of education shall also adopt policies, not inconsistent with the provisions of this section or the Constitutions of the United States and North Carolina, establishing procedures to be followed by school officials in suspending or expelling any pupil from school and cause such procedures to be published and made available at the beginning of each school year to each student and his parents.

B. The principal of a school, or his delegate, shall have authority to suspend for a period of 10 days or less any student who willfully violates policies of conduct established by the local board of education: Provided, that a student suspended pursuant to this subsection shall be provided an opportunity to take any quarterly, semester or grading period examination missed during suspension period.

C. The principal of a school, with the prior approval of the superintendent, shall have the authority to suspend for a period of time in excess 10 school days but not exceeding the time remaining in the school year, any pupil who willing violates the policies of conduct established by the local board of education. The pupil or his parents may appeal the decision of the principal to the local board of education.

D. A local board of education may, upon recommendation of the principal and superintendent, expel any student fourteen years of age or older who has be convicted of a felony and whose continued presence in school constitutes a clear threat to the safety and health of other students or employees not withstanding the provisions of the G.S. 115G-112, a local board of education has no duty to continue to provide a child with special needs, expelled pursuant this subsection with any special education or related services during the period of expulsion. A final decision of the local board of education pursuant to subsections (c) and (d) shall be subject to judicial review in the manner provided by Article 4, Chapter 159A of the General Statutes.