Section .0100 ‑ Attendance

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

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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.