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.