Section .0100 - Administrative Procedures

Link to law: http://reports.oah.state.nc.us/ncac/title 16 - public instruction/chapter 06 - elementary and secondary education/subchapter i/subchapter i rules.html
Published: 2015

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SUBCHAPTER 06I – THE GOVERNER MOREHEAD SCHOOL

 

SECTION .0100 - ADMINISTRATIVE PROCEDURES

 

16 NCAC 06I .0101            PURPOSES AND RESPONSIBILITIES

The mission of the Governor Morehead School for the Blind is

to provide educational, prevocational, vocational and transitional employment

and living services to visually impaired children from birth to age 21 of North Carolina.  This mission includes the responsibility to assist in the provision of a

continuum of consultative and technical services to other public and private

state and national agencies in an effort to meet the life‑long needs of

visually impaired people.

 

History Note:        Authority G.S. 115C‑127; 115C‑128;

115C‑130; 115C‑131; 115C‑132; 115C‑135;

Eff. February 1, 1976;

Amended Eff. September 1, 1990;

Transferred from 10A NCAC 93 .0101 Eff. June 1, 2011.

16 NCAC 06I .0102            ELIGIBILITY

(a)  School age requirements for 5‑21 years of age

students:

(1)           The prospective student's parents or legal

guardians must reside in the state of North Carolina.

(2)           The prospective student must be between the

ages of 5 and 21.

(3)           The prospective student must have an

educationally significant visual impairment:

(A)          Blind ‑ a student who after best correction,

has no usable vision and therefore must rely on tactile and auditory senses to

obtain information.

(B)          Partially sighted ‑ student who has a visual

acuity of 20/70 or less in the better eye corrected, has a peripheral field

that is restrictive to learning or who has a progressive vision loss which will

affect the student's ability to learn.

(C)          Blind multihandicapped ‑ a student who has a

visual impairment as defined in this Rule and a concomitant handicapping

condition or conditions.

(D)          Deaf‑Blind ‑ a student who has

concomitant hearing and visual impairments, the combination of which causes

severe communication problems.

(4)           The prospective student must demonstrate a

potential for educational progress during the initial evaluation process, in

the areas of:

(A)          self‑help skills such as eating, dressing,

assistive responses to bathing and toileting.

(B)          adaptation to new environments such as other

children, teachers, support staff and dormitory staff as appropriate.

(C)          tolerance for change from one setting to another

such as classes, staff, support services.

(D)          modification of undesirable or inappropriate

behaviors.

(E)           curiosity initiative in exploratory play,

willingness or acceptance of manipulation through gross and fine motor

activities.

(5)           The prospective student must be able to

adjust socially and psychologically to the residential environment and present

no long‑lasting deficits in adaptive behavior that would interfere with

either their or other student's educational progress.

(6)           The prospective student must demonstrate at

least the characteristics as outlined by the American Association on Mental

Deficiency for the Moderate, Mentally Retarded including:

(A)          schedule‑trained in toileting;

(B)          accepts solid foods;

(C)          finger‑feeds self and cooperates in bathing,

dressing and grooming;

(D)          expresses his or her needs through natural gestures,

signs or vocalizations;

(E)           shows a differential reaction to familiar adults

and accepts tactual stimulation;

(F)           demonstrates potential for academic learning, self‑care

and semi‑independent functioning as an adult;

(G)          demonstrates a level of intellectual or social and

adaptive functioning of at least 40 on a standardized instrument.

(7)           The Governor Morehead School cannot accept

students with significant medical problems that would include, but are not

limited to planned hospitalization for prolonged period during the school year,

chronic moderate to severe respiratory difficulties, semi‑consciousness

or the requirement of substained medical support services, such as respirators,

or seriously emotionally disturbed children who are disruptive that they

require constant medical care and treatment by a psychiatrist.

(b)  Preschool requirements for birth ‑ five years of

age student:

(1)           The prospective student's parents or legal

guardians must reside in the state of North Carolina.

(2)           The prospective student must be between the

ages of 5 and 21.

(3)           The prospective student must have an

educationally significant visual impairment:

(A)          Blind ‑ a student who after best correction,

has no usable vision and therefore must rely on tactile and auditory senses to

obtain information.

(B)          Partially sighted ‑ student who has a visual

acuity of 20/70 or less in the better eye corrected, has a peripheral field

that is restrictive to learning or who has a progressive vision loss which will

affect the student's ability to learn.

(C)          Blind multihandicapped ‑ a student who has a

visual impairment as defined in this Rule and a concomitant handicapping

condition or conditions.

(D)          Deaf‑Blind ‑ a student who has

concomitant hearing and visual impairments, the combination of which causes

severe communication problems.

(4)           The prospective student must demonstrate a

visual impairment significant enough to affect his or her development.

(5)           The Governor of Morehead School cannot

accept students with significant medical problems that would include, but are not

limited to planned hospitalization for a prolonged period during the school

year, chronic moderate to severe respiratory difficulties, semi‑consciousness

or the requirement of substained medical support services such as respirators

or seriously emotionally disturbed children who are so disruptive that they

require constant medical care and treatment by a psychiatrist.

 

History Note:        Authority G.S. 115C‑127; 115C‑106(b);

115C‑113;

Eff. February 1, 1976;

Amended Eff. October 1, 1990;

Transferred from 10A NCAC 93 .0102 Eff. June 1, 2011.

 

16 NCAC 06I .0103            MEDICAL AND HEALTH SERVICES

(a)  Health services at the Governor Morehead School consist of an infirmary and outpatient services.  Extensive nursing care is not

available for children actively needing special services to maintain their

health and safety.

(b)  The Governor Morehead School is not licensed as a

hospital or treatment facility and is not staffed to serve the following types

of students in a residential setting:

(1)           students whose primary need is for

psychiatric treatment;

(2)           students in need of treatment for severe

behavior disorders;

(3)           persons in need of around‑the‑clock,

intensive medical care for severe health problems.

(c)  Children who become ill may be kept in the infirmary,

sent home for treatment, or if necessary taken to the emergency room of a

nearby hospital.

 

History Note:        Authority G.S. 115‑325; 143B‑173(b);

Eff. August 25, 1980;

Transferred from 10A NCAC 93 .0103 Eff. June 1, 2011.

 

16 NCAC 06I .0104            STUDENT INFORMATION

The Governor Morehead School is subject to the Department of

Public Instruction rules governing the confidentiality of student information

pursuant to 16 NCAC 06H .1514 in accordance with G.S. 150B‑14(c).

 

History Note:        Authority G.S. 115C‑114; 115C‑321;

143B‑10; 150B‑14(c);

Eff. February 1, 1976;

Amended Eff. October 1, 1990;

Transferred from 10A NCAC 93 .0104 Eff. June 1, 2011.

 

16 NCAC 06I .0105            THE GOVERNOR MOREHEAD SCHOOL CAMPUS

PARKING

Parking on The Governor Morehead School Campus shall be in

conformity with the following requirements:

(1)           Vehicles shall be parked only in designated parking

spaces.  Parking spaces are defined by painted lines in the surfaced areas and

by wheel-stops in non-surfaced areas.

(2)           No parking is allowed on any streets.

(3)           No stopping to load or unload is allowed on any

streets.

(4)           Signs shall be erected in specific areas indicating

No Parking and Tow-away Zones.

(5)           The school may have removed to a place of storage,

at the owner's expense, any unattended vehicle illegally parked in a designated

tow-away zone.

(6)           No parking is allowed in any manner that would

block or prohibit access to a designated crosswalk.

 

History Note:        Authority G.S. 143-116.7;

Temporary Adoption Eff. March 9, 1998;

Eff. April 1, 1999;

Transferred from 10A NCAC 93 .0105 Eff. June 1, 2011.

 

SECTION .0200 ‑ PERSONNEL

 

16 NCAC 06I .0201            AUTHORITY OF TEACHERS AND

HOUSEPARENTS

Teachers and house parents may make rules or arrangements

necessary for learning and the well‑being of the classroom and cottage. 

Rules or arrangements are to be consistent with the Governor Morehead School policy and philosophy, and approved by the Director.

 

History Note:        Authority G.S. 115C‑127; 115C‑307;

143B‑10;

Eff. February 1, 1976;

Amended Eff. September 1, 1990;

Transferred from 10A NCAC 93 .0201 Eff. June 1, 2011.

 

16 NCAC 06I .0202            WHO MAY GIVE DIRECTIONS

Students shall comply with all directions of principals,

supervisors, teachers, houseparents, nurses, recreation supervisors and other

authorized school personnel during the period they are subject to the authority

of such personnel.

 

History Note:        Authority G.S. 115‑321; 143B‑10;

Eff. February 1, 1976;

Transferred from 10A NCAC 93 .0202 Eff. June 1, 2011.

 

SECTION .0300 - STUDENT RULES

 

16 NCAC 06I .0301            COMPLIANCE WITH CAMPUS RULES AND

AUTHORIZED PERSONS

(a)  Each student shall comply with all these Rules in this

Chapter and all rules in Governor Morehead School parent/student handbook which

are adopted by reference according to G.S. 150B‑14(c).

(b)  In addition to the rules contained in this booklet,

each student shall comply with all directions of principals, supervisors,

teachers, houseparents, nurses, recreation supervisors and all other school

personnel, who are authorized to give such directions, during any period of

time when they are subject to the authority of such personnel.

 

History Note:        Authority G.S. 115C‑321; 143B‑173(b);

150B‑14(c);

Eff. August 25, 1980;

Amended Eff. October 1, 1990;

Transferred from 10A NCAC 93 .0301 Eff. June 1, 2011.

 

16 NCAC 06I .0302            PROTECTION OF PROPERTY

Each student shall control his actions so that no private or

school property is damaged.  If property is damaged, the student may be

required to reimburse the owner for the damages.

 

History Note:        Authority G.S. 115‑321; 143B‑173(b);

Eff. August 25, 1980;

Transferred from 10A NCAC 93 .0302 Eff. June 1, 2011.

 

16 NCAC 06I .0303            USE OF DRUGS

The use, possession of or being under the influence of

alcohol or any controlled substance as defined by Chapter 90 of the General

Statutes, except by prescription and under the care of a licensed physician, is

strictly forbidden, on or off campus, at any school activity or function.

 

History Note:        Authority G.S. 115C‑391; 143B‑173(b);

Eff. August 25, 1980;

Amended Eff. September 1, 1990;

Transferred from 10A NCAC 93 .0303 Eff. June 1, 2011.

 

16 NCAC 06I .0304            CODE OF DRESS FOR STUDENTS

The following dress code shall apply to all students:

(1)           Staff should set the proper example in dress and

decorum for each student.

(2)           Good grooming should be practiced every day.  It

includes:

(a)           keeping the body clean (bathe daily);

(b)           keeping the hair neat and clean;

(c)           wearing clean, neat clothing.

(3)           Students will be required to dress appropriately

for the occasion.

(4)           Students will be required to wear the clothing

provided by their parents or sponsor.  Wearing clothing belonging to other

students is prohibited, unless parental permission to loan clothing and to wear

another's clothing is secured for each individual concerned.

(5)           If makeup is worn, it is to be properly applied.

 

History Note:        Authority G.S. 115‑321; 143B‑173(b);

Eff. August 25, 1980;

Transferred from 10A NCAC 93 .0304 Eff. June 1, 2011.

 

SECTION .0400 ‑ DISCIPLINE

 

16 NCAC 06I .0401            DEFINITIONS OF DISCIPLINARY TERMS

(a)  "Discipline Team" means a committee that is

chaired by the Director of Comprehensive Clinic and including Building

Principal, Director of Residential Life or Dorm Director, Houseparent,

Student's Classroom Teacher, and the Counselor or School Psychologist.

(b)  "Due Process" means the student has the right

to tell his or her side of an incident to the Discipline Committee before

disciplinary decisions are made regarding an incident.  No matter what decision

is made, the student or his parent or guardian have the right to talk to the

administrative staff.

(c)  "Expulsion" means any action removing a

student from the right to attend school for a designated period of time.

(d)  "Home Suspension" means removal of a student

from the Governor Morehead School campus and exclusion (cannot participate)

from all school‑sponsored activities.  This suspension by the

administration is for a period of not more than ten school days per school

year.

(e)  "Immediate Family" means spouse, parents,

children, brother, sister, grandparents and legal guardians.  Also included are

the step, half, and in‑law relationships.

(f)  "Isolation" means separating a student for up

to two hours from activity in classroom or dorm into a quiet area within same

room or in a separate room.

(g)  "In‑Cottage Suspension" means removal

of a student from the normal cottage activities and privileges and assignment

to a specific area and staff member.  Included is the loss of all privileges

during dormitory hours.

(h)  "In‑School Suspension" means removal of

a student from the normal school day activities including school related

extracurricular activities and assignment to a specific area and staff member. 

Included is the loss of all privileges during school hours.

(i)  "On‑Campus Total Suspension" means

removal of a student from normal classroom, cottage and after school activities

with assignment to a specific area and staff member with loss of all

privileges.

(j)  "Required Parent Conference" means

conferences intended to prevent future incidents.  Mandatory after suspension

to reinstate student.

(k)  "Search and Seizure" means school personnel,

with the approval of the Superintendent may conduct a reasonable search of

students, student's personal property, or school property being used by a

student when there is a reasonable suspicion that a student is concealing

illegal contraband such as drugs, weapons, alcohol, or fireworks, or that a

search is necessary to protect other students and staff.

(l)  "Time‑Out" means separating a student

up to 30 minutes from the activity in the classroom or dormitory into a quiet

area within the same room or in a separate room.  This may be done by the

houseparent or teacher to calm a student who is upset.

 

History Note:        Authority G.S. 115C‑228; 143B‑173(b);

Eff. August 25, 1980;

Amended Eff. September 1, 1990;

Transferred from 10A NCAC 93 .0401 Eff. June 1, 2011.

 

16 NCAC 06I .0402            PROCEDURE FOR ADMINISTERING

DISCIPLINE

The Discipline Team will convene and make decisions

regarding disciplinary measures for behaviors considered to be too serious to

be addressed by the school or dormitory rules and related consequences.  The

decision of the Discipline Team may be appealed to the Superintendent in

writing within ten school days.

 

History Note:        Authority G.S. 115C‑288; 143B‑173(b);

Eff. August 25, 1980;

Amended Eff. September 1, 1990;

Transferred from 10A NCAC 93 .0402 Eff. June 1, 2011.

 

16 NCAC 06I .0403            DISTRIBUTION OF POLICY

Parents and students shall be given the Governor Morehead

School Parent‑Student Handbook at registration day.  The Discipline

Policy is contained in the handbook.

 

History Note:        Authority G.S. 115C‑288; 143B‑173(b);

Eff. August 25, 1980;

Amended Eff. September 1, 1990;

Transferred from 10A NCAC 93 .0403 Eff. June 1, 2011.

 

16 NCAC 06I .0404            DISCIPLINE VIOLATIONS

Violations of school or dormitory rules shall be handled by

either established consequences for specific violations or with a referral to

the school's Discipline Team.  The Discipline Team shall determine the type of

discipline most suitable for the violation and if any special circumstances may

be considered in this determination.

 

History Note:        Authority G.S. 115C‑288; 143B‑173(b);

Eff. August 25, 1980;

Amended Eff. September 1, 1990;

Transferred from 10A NCAC 93 .0404 Eff. June 1, 2011.

 

16 NCAC 06i .0405            DISCIPLINARY ACTIONS

The Disciplinary Team may implement any of the following:

(1)           "Time Out" or "Isolation".  A

teacher or houseparent may use time out as a method of allowing student to gain

control of his or her own behavior.  Isolation will require the approval of the

appropriate supervisor.

(2)           "In‑Program Suspension".  In‑Program

Suspension such as the In‑School Suspension from 8:00 a.m. to 3:30 p.m. and the in‑cottage suspension from 3:30 p.m. to bedtime may last from one to five days.  This procedure can only be implemented on the

recommendation of the Discipline Team.  Students are required to work on

classroom assignments during In‑School Suspension for credit in classes.

(3)           "On‑Campus Total Suspension".  On‑Campus

Total Suspension involves removing a student from both academic classes and

cottage activities and placing that student in a designated suspension room. 

This procedure will be used to enable the student to continue academic progress

and reflect upon his or her conduct.  On‑Campus Total Suspension may last

more than one program day and up to 48 hours.  This procedure can only be

implemented by the recommendation of the Discipline Team.

(4)           "Home Suspension".  Home Suspension is

temporarily removing students from school by sending them home for a period not

to exceed ten days per school year for the most serious infractions. 

Suspension is recommended to the Superintendent by the Discipline Team.  The

Superintendent or his designee is the only person who can suspend a student

from school.  Parents must attend the required parent conference to reinstate

their child.

 

History Note:        Authority G.S. 114‑374; 143B‑173(b);

Eff. August 25, 1980;

Amended Eff. September 1, 1990; March 9, 1981;

Transferred from 10A NCAC 93 .0405 Eff. June 1, 2011.

 

16 NCAC 06I .0406            REQUEST FOR DETERMINATION

(a)  In accordance with G.S. 150B‑2(2), any person may

request a determination of his or her legal rights privileges, or duties as

they relate to laws or rules administered by the Governor Morehead School.  All

requests must be in writing and contain a statement of the facts prompting the request

sufficient to allow for appropriate processing by the Governor Morehead School.

(b)  Any person seeking such a determination must exhaust

all informal procedures available before requesting a hearing under G.S. 150B‑23.

(c)  All petitions for hearings regarding matters under the

control of the Governor Morehead School shall be filed with the Office of

Administrative Hearings in accordance with G.S. 150B‑23 and 26 NCAC 03

.0103.  In accordance with G.S. 1A‑1, Rule 4(j) 4, the petition shall be

served on a registered agent for service of process for the Department of Human

Resources.

 

History Note:        Authority G.S. 143B‑10; 150B‑11;

150B‑22; 150B‑23;

Eff. August 25, 1980;

Amended Eff. September 1, 1990;

Transferred from 10A NCAC 93 .0406 Eff. June 1, 2011.

 

16 NCAC 06I .0407            APPLICABILITY OF PROCEDURES

In conducting formal appeals, G.S. 150B, Article 2 and the

departmental rules on contested cases, as codified in 10A NCAC 01B shall be

applied.

 

History Note:        Authority G.S. 115C‑288; 143B‑173(b);

Eff. August 25, 1980;

Amended Eff. September 1, 1990;

Transferred from 10A NCAC 93 .0407 Eff. June 1, 2011.