SUBCHAPTER 6E ‑ STUDENTS

 

SECTION .0100 ‑ ATTENDANCE

 

16 NCAC 06E .0101 ATTENDANCE DEFINED

To be considered in attendance, a student shall be present in the school or at a place other than the school with the approval of the appropriate school official to attend an authorized school activity. These activities include field trips, athletic contests, student conventions, music festivals or similar activities.

 

History Note: Authority G.S. 115C‑379;

Eff. July 1, 1986;

Amended Eff. June 1, 1996.

 

16 NCAC 06E .0102 ATTENDANCE EXCUSED

(a) LEAs shall excuse the temporary absence of a student upon a showing of satisfactory evidence of one of the following bases:

(1) Illness or injury prevents the student from being physically able to attend school.

(2) The local health officer or the State Board of Health orders the isolation of the student.

(3) The student is absent due to the death of a member of the immediate family.

(4) The student has a medical or dental appointment.

(5) The student is a party to or is under subpoena as a witness in the proceedings of a court or administrative tribunal.

(6) The student is absent due to a religious observance in accordance with local school board policy.

(7) The student obtains prior approval to take advantage of a valid educational opportunity, such as travel.

(b) LEAs may excuse temporary or occasional absences for other reasons in accordance with local board policies, provided that the student has been in attendance for at least one-half of the school day.

 

History Note: Authority G.S. 115C‑379;

Eff. July 1, 1986;

Amended Eff. June 1, 1996.

 

16 NCAC 06E .0103 ENFORCEMENT

Each LEA must enforce the state laws and regulations which relate to compulsory attendance. LEAs may adopt rules which allow teachers to consider a student's absences in the computation of the student's grades.

 

History Note: Authority G.S. 115C‑379;

Eff. July 1, 1986.

 

16 NCAC 06E .0104 INVOLUNTARY SUSPENSIONS

The absence of a student which results from the suspension or expulsion of that student for misconduct pursuant to the provisions of G.S. 115C-391 shall not be used for a compulsory attendance violation action.

 

History Note: Authority G.S. 115C-379;

Eff. July 1, 1986;

Amended Eff. June 1, 1996.

 

16 NCAC 06E .0105 EARLY ADMISSION TO KINDERGARTEN

(a) To determine the eligibility of a four-year-old child to enter kindergarten pursuant to the provisions of G.S. 115C-364(d), the principal shall confer with a committee of professional educators to consider for each child the following factors:

(1) Student Aptitude. The child shall be precocious in academic and social development and shall score at the 98th percentile on a standard individual test of intelligence such as the Stanford-Binet, The Wechsler Preschool and Primary Scale of Intelligence, the Kaufman Anderson, or any other comparable test administered by a licensed psychologist.

(2) Achievement. The child shall be functioning from two to three years beyond the child's peers. The child shall score at the 98th percentile on either reading or mathematics on a standard test of achievement such as the Metropolitan Readiness Test, the Stanford Early School Achievement Test, The Mini Battery of Achievement, the Woodcock-Johnson, the Test of Early Mathematics Ability (TEMA), the Test of Early Reading Ability (TERA), or any other comparable test administered by a licensed psychologist, a member of the psychologist's professional staff, or a professional educator who is trained in the use of the instrument and who has no conflict of interest in the outcome of the assessment.

(3) Performance. The child shall be able to perform tasks well above age peers as evidenced by behaviors in one or more areas such as independent reading, problem solving skills, advanced vocabulary, and some writing fluency. The parent shall submit a sample of the child's work that shows outstanding examples of ability in any area including, but not limited to, art, mathematics, writing, dramatic play, creative productions, science, or social interactions. The principal may also require a teacher to complete an informal reading assessment of the child.

(4) Observable Student Behavior/Student Interest. The child shall demonstrate social and developmental maturity sufficient to participate in a structured setting for a full school day. The child shall be capable of following verbal instructions and functioning independently within a group. The parent shall provide two recommendation letters with specific documentation of physical and social maturity from preschool teachers, child care workers, pediatricians, or others who have direct knowledge of the child. Useful documentation checklists include the California Preschool Competency Scale, the Harrison Scale, or any other comparable scale of early social development.

(5) Motivation/Student Interest. The principal or principal's designee shall conduct an informal interview with the child and a more structured interview with the parent to determine if the child displays a thirst for knowledge and seeks new and challenging learning situations.

(b) The parent shall present the information required by this Rule to the principal within the first 30 calendar days of the school's instructional year. All testing shall be administered after the April 16th that follows the child's fourth birthday. The principal shall decide whether to grant the parent's request for enrollment within three weeks after receiving this information. The principal may conditionally enroll the child for up to 90 days in order to observe whether the child is able to adjust to the school setting. If the principal determines that the child has not adjusted to the school setting, the principal shall deny the request for enrollment. However, before the child is exited from school, the principal shall invite the parent to assist in the development of intervention strategies for the child. If those strategies are not successful, the principal shall provide the parent at least 10 days notice before exiting the child from school so the parent may arrange child care, if needed.

(c) LEAs may require parents to supply information in addition to that required by this Rule. LEAs may also require specific tests or other measures to provide information relating to the factors listed in Paragraph (a) of this Rule.

(d) Early admission to kindergarten shall not automatically result in the placement of the child in the program for academically gifted students. By the time the child has been enrolled for 90 calendar days, or at any earlier time that school officials determine that the child has adjusted satisfactorily and shall be allowed to remain in school, the gifted identification team shall review the child's information to determine if the child shall receive gifted services. If the team determines that the child shall receive gifted services, it shall develop either a differentiated education plan or an individual differentiated education plan for the child.

 

History Note: Authority G.S. 115C-364(d); N.C. Constitution, Article IX, Sec. 5;

Temporary Adoption Eff. August 18, 1997;

Eff. March 15, 1999.

 

SECTION .0200 ‑ SCHOOL ATHLETICS AND SPORTS MEDICINE

 

16 NCAC 06E .0201 DEFINITIONS

As used in this Section:

(1) "Paramedical emergency life saving services" means the provision of first aid and cardio‑pulmonary resuscitation services.

(2) "Sports medicine services" means those services which relate to the prevention and management of injuries received by students participating in school sports activities.

 

History Note: Authority G.S. 115C‑12(12); N.C. Constitution, Article IX, Sec. 5;

Eff. July 1, 1986.

 

16 NCAC 06E .0202 INTERSCHOLASTIC ATHLETICS

(a) Only students in grades 7-12 may participate in interscholastic athletic competition. In order to qualify for public school participation, a student must meet the following requirements:

(1) The student must meet the residence criteria of G.S. 115C-366(a). The student may participate only at the school to which the student is assigned by the LEA, or, if over the age requirements, the school to which the student would be assigned at the next higher grade level.

(2) The student must meet age requirements at each grade level to participate. The principal must have evidence of the legal birth date of the student. A student who is ineligible to participate at one grade level due to age is eligible to participate at the next higher grade level only. However, no student may participate at the high school level for a period lasting more than eight consecutive semesters, beginning with the student's first entry into grade nine or participation on a high school team, whichever occurs first.

(A) A student is eligible to participate in high school athletic contests during a school year if the student does not reach the 19th birthday on or before October 16 of that school year.

(B) A student shall not participate on a ninth grade junior high school team if the student becomes 16 years of age on or before October 16 of that school year.

(C) A student shall not participate on a seventh or eighth grade team if the student becomes 15 years of age on or before October 16 of that school year.

(3) In grades 9-12, the student must pass at least 75% of the maximum of possible courses each semester and meet promotion standards established by the LEA. In grades 7 and 8, the student must pass at least one less course than the number of required core courses each semester and meet promotion standards established by the LEA. Regardless of the school organization pattern, a student who is promoted from the eighth grade to the ninth grade automatically meets the courses passed requirement for the first semester of the ninth grade.

(4) The student must receive a medical examination each year (365 days) by a duly licensed physician, nurse practitioner, or physician assistant, subject to the provisions of G.S. 90-9, G.S. 90-18.1, and G.S. 90-18.2.

(5) The student may not participate after any of the following:

(A) graduation;

(B) becoming eligible to graduate;

(C) signing a professional athletic contract;

(D) receiving remuneration as a participant in an athletic contest; or

(E) participating on an all-star team or in an all-star game that is not sanctioned by the association of which the student's school is a member. The student is ineligible only for the specific sport involved.

(b) Each principal of a school which participates in interscholastic athletics must certify a list of eligible students for each sport.

(c) Any student-athlete, coach or school official in grades 7-12 who is ejected from any athletic contest shall be penalized as follows:

(1) for the first offense, the person shall be reprimanded and suspended for the next game at that level of play (varsity or junior varsity) and for any intervening games at either level;

(2) for a second offense, the person shall be placed on probation and suspended for the next two games at that level of play (varsity or junior varsity) and for any intervening games at either level.

(3) for a third offense, the person shall be suspended for one calendar year.

(4) a coach who is suspended at any level of grades 7-12 (middle school, junior high or high school) may not coach in any other grade level in grades 7-12 during the period of suspension.

(5) penalties are cumulative from sport to sport and from sport season to sport season. If no member of the school's coaching staff is present to assume an ejected coach's duties, the contest shall be terminated by a forfeit.

(d) LEAs may allow their schools to belong to the North Carolina High School Athletic Association (NCHSAA), which has established as a minimum the rules adopted by the SBE. The NCHSAA may waive any eligibility requirement contained in this Rule, except the age requirement, if it finds that the rule fails to accomplish its purpose or it works an undue hardship when applied to a particular student. The NCHSAA may enforce penalties for the violation of this Rule at the high school level.

(e) The LEA which has jurisdiction over the school may impose additional penalties. LEAs or conferences may adopt and impose penalties at the middle and junior high school levels.

 

History Note: Filed as a Temporary Amendment Eff. December 27, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Codifier of Rules Objected to the Findings of Need for the Temporary Rule Eff. December 9, 1994;

Authority G.S. 115C‑47(4);

Eff. July 1, 1986;

Amended Eff. June 1, 1996; July 1, 1995; July 1, 1994; July 1, 1990;

Amended Eff. August 1, 2000.

 

16 NCAC 06E .0203 ATHLETIC INJURY MANAGEMENT

(a) Each LEA must designate for each high school within its jurisdiction either a licensed athletic trainer who is qualified pursuant to G.S. 90, Article 34 or a first responder. These persons may be employed on a full-time or part-time basis or may serve as a volunteer.

(b) A first responder must complete and maintain certification or be in the process of completing courses in the following:

(1) cardio-pulmonary resuscitation as certified by an organization such as the American Red Cross or the American Heart Association;

(2) first aid as certified by an organization such as the American Red Cross or the American Heart Association; and

(3) injury prevention and management as certified by an organization such as the National Athletic Trainers Association, the North Carolina Athletic Trainers Association, or the North Carolina High School Athletic Association.

In addition, each first responder must complete 20 hours in staff development each school year.

(c) The licensed athletic trainer or first responder may not have coaching responsibilities during the season in which the person is working as a licensed athletic trainer or first responder. A licensed athletic trainer or first responder must attend all football practices and games, unless excused by the superintendent due to emergency. The LEA may require a licensed athletic trainer or first responder to attend practices or games that involve other sports.

 

History Note: Authority G.S. 115C-12(12); N.C. Constitution, Article IX, Sec. 5;

Eff. July 1, 1986;

Codifier determined that findings did not meet criteria for temporary rule on December 10, 2001;

Temporary Amendment Eff. December 31, 2001;

Amended Eff. September 30, 2002 (Executive Order No. 33).

 

section .0300 driver training

 

16 NCAC 06E .0301 DRIVER TRAINING

(a) In discharging their duty to provide a course of training and instruction in the operation of motor vehicles as set forth in G.S. 115C-216, local boards of education shall provide a program which meets the following standards and requirements:

(1) Principals shall enroll students who meet the criteria established by G.S. 20-88.1(a)(i), (iii) and (iv);

(2) The program will be free of charge to eligible students;

(3) Enrollees must obtain either a temporary learner's permit or a restricted instruction permit before they begin behind-the-wheel instruction.

(4) Classroom instruction will consist of at least 30 clock hours of instruction. Beginning in school year 1992-93, students may take and pass a proficiency examination developed or designated by the Department of Public Instruction to waive the classroom instruction. Each student must complete a minimum of 6 hours of behind-the-wheel instruction.

(5) The program will be reasonably available on a year-round basis to all eligible persons.

(6) The local board of education will determine class size restrictions, but may not allow instruction in the car to less than two nor more than four students.

(7) The local board of education will determine the amount of instruction per day for classroom or in-car instruction or a combination of both.

(8) The local board of education will issue a certificate to students who satisfactorily complete the prescribed course.

(9) Driver education instructors must possess a valid North Carolina driver's license and must have a driving record acceptable to the local board of education. In addition, instructors hired for driver education shall either:

(A) hold a driver education certificate issued by the SBE; or

(B) have non-certified status according to minimum standards established by Rule .0302 of this Section.

(10) The program shall not be provided during the regular instructional day.

(b) Two or more local boards of education may jointly operate a program under a written agreement meeting the requirements of G.S. 160A-460 et seq. The agreement shall provide for one local board of education to assume administrative responsibility for the program.

(c) For purposes of G.S. 20-11, G.S. 20-13.2(c1), and G.S. 115C-12(28), the following definitions shall apply:

(1) "High school diploma or its equivalent" means and includes the General Equivalency Diploma (G.E.D.) and the adult high school diploma.

(2) "Making progress toward obtaining a high school diploma" means that the student must pass at least seventy percent (70%) of the maximum of possible courses each semester and meet promotion standards established by the LEA.

(3) "Substantial hardship" means a demonstrable burden on the student or the student's family as evidenced by circumstances such as the following:

(A) The parent is unable to drive due to sickness or other impairment and the student is the only person of driving age in the household.

(B) The student requires transportation to and from a job that is necessary to the welfare of the student's family and the student is unable to obtain transportation by any means other than driving.

(C) The student has been unable to attend school due to documented medical reasons, but the student is demonstrating the ability to maintain progress toward obtaining a high school diploma.

(4) A "student who cannot make progress toward obtaining a high school diploma or its equivalent" shall mean a student who has been identified by the principal or principal's designee, together with the IEP committee or the school's student assistance team, as not having the capacity to meet the requirements for a high school diploma or its equivalent due to a disability.

(5) "Exemplary behavior" shall mean that a student whose operator's permit or license has been revoked pursuant to G.S. 20-13.2(c1) and who has returned to school has, since returning to school:

(A) had no additional incidents of misconduct for which expulsion, suspension, or assignment to an alternative educational setting is required; and

(B) had no violations of local school board policies such as attendance, dress codes, or other behaviors that may result in disciplinary action against the student.

(6) "Successful completion of a treatment counseling program" shall mean completion of a minimum of 12 hours of drug or alcohol treatment, counseling, a mental health treatment program, or other intervention program required by the LEA.

(d) Each LEA shall determine the process by which decisions concerning the issuance of a driving eligibility certificate shall be appealed.

(e) The principal of a high school or the principal's designee shall notify the Division of Motor Vehicles whenever a student is no longer making progress toward obtaining a high school diploma or its equivalent or when the student has dropped out of school.

(f) Each charter school, non-public school, and community college shall designate an official who shall notify the Division of Motor Vehicles whenever a student is no longer making progress toward obtaining a high school diploma.

 

History Note: Filed as a Temporary Adoption Eff. August 12, 1991 for a period of 180 days to expire on February 7, 1992;

Authority G.S. 20‑88.1; 115C-12(28); 115C‑216;

ARRC Objection Lodged August 22, 1991;

Eff. March 1, 1992;

Temporary Amendment Eff. August 15, 1998;

Temporary Amendment Eff. March 15, 2000;

Amended Eff. July 1, 2000;

Temporary Amendment Eff. March 15, 2000 expired on December 10, 2000;

Amended Eff. July 18, 2002.

 

16 NCAC 06E .0302 NON‑CERTIFIED INSTRUCTOR STATUS

To qualify for non‑certified instructor status, a person must, as a minimum:

(1) be at least 21 years of age and have graduated from high school or hold a high school equivalency certificate;

(2) be of good moral character;

(3) not have had convictions of moving violations totaling seven or more points in the three years preceding the date of application;

(4) have at least four years' experience as a licensed operator of a motor vehicle;

(5) not have had a revocation or suspension of his or her driver's license in the four years immediately preceding the date of application; and

(6) have completed the licensed instructor course offered through the community college system and approved by the Department and the Division of Motor Vehicles.

 

History Note: Filed as a Temporary Adoption Eff. August 12, 1991 For a Period of 180 Days to Expire on February 7, 1992;

Authority G.S. 20‑88.1; 115C‑216;

Eff. March 1, 1992.

 

16 NCAC 06E .0303 DRIVER EDUCATION CONTRACTS

(a) Local boards of education may enter into contracts with public or private entities or individuals to provide a program of driver education for students.

(b) Contracts shall be awarded on a competitive basis through requests for proposals to contract. Local boards of education shall establish the process for soliciting proposals, the number of proposals required, and the time and place for receiving and opening proposals. In addition, local boards of education shall determine whether bid bonds or performance bonds shall be required. Decisions to award contracts shall be based on quality, safety, costs and such other reasonable factors as local boards of education may establish.

(c) A contract may not be awarded to an entity not licensed by the Division of Motor Vehicles as a commercial driving school pursuant to G.S. 20‑322. A contract may be awarded to an individual not licensed as a commercial driving school by the Division of Motor Vehicles if he or she is certified by the SBE in driver education or hold non‑certified instructor status.

(d) All contracts shall specifically require the contractor to adhere to the requirements of these Rules, 16 NCAC 6E .0301 ‑ .0303. In addition, all contracts shall prescribe:

(1) the term of the contract, which may not exceed one year;

(2) the procedure for renewal of the term of the contract, if any, except that a contract may not be renewed for more than two successive one‑year terms;

(3) the grounds for termination of the contract, including automatic termination in the event of revocation of the license required by G.S. 20‑325;

(4) whether school facilities or vehicles are to be leased or used by the contractor and, if so, the terms and conditions or the lease;

(5) whether the contractor will provide transportation home for students;

(6) the types of vehicles and equipment to be provided by the contractor, if any; and

(7) such other terms and conditions, including the purchase of insurance by the contractor, as the local board of education may determine to be reasonable and appropriate.

 

History Note: Filed as a Temporary Adoption Eff. August 12, 1991 For a Period of 180 Days to Expire on February 7, 1992;

Authority G.S. 20‑88.1; 115C‑216;

Eff. March 1, 1992.