GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
SESSION LAW 2009-404
SENATE BILL 708
AN ACT to amend the compulsory school attendance law.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 115C-378 reads as rewritten:
"§ 115C-378. Children required to attend.
(a) Every
parent, guardian or other personcustodian in this State having
charge or control of a child between the ages of seven and 16 years shall cause
such the child to attend school continuously for a period equal
to the time which the public school to which the child is assigned shall be in
session. Every parent, guardian, or other personcustodian in this
State having charge or control of a child under age seven who is enrolled in a
public school in grades kindergarten through two shall also cause such the
child to attend school continuously for a period equal to the time which
the public school to which the child is assigned shall be in session unless the
child has withdrawn from school.
(b) No
person shall encourage, entice or counsel any such child of
compulsory school age to be unlawfully absent from school. The parent,
guardian, or custodian of a child shall notify the school of the reason for
each known absence of the child, in accordance with local school board policy.
(c) The
principal, superintendent, or teacher who is in charge of such schoola
designee of the principal or superintendent shall have the right to excuse
a child temporarily from attendance on account of sickness or other unavoidable
cause that does not constitute unlawful absence as defined by the State Board
of Education. The term "school" as used herein is defined to
embracein this section includes all public schools and such any
nonpublic schools as which have teachers and curricula that
are approved by the State Board of Education.
(d) All
nonpublic schools receiving and instructing children of a compulsory
school age shall be required to keep such make, maintain, and render
attendance records of attendance and render such reports of the
attendance of such children those children and maintain such the
minimum curriculum standards as are required of public schools;schools.
If a nonpublic school refuses or neglects to make, maintain, and render
required attendance records, attendance at that school and attendance
upon such schools, if the school refuses or neglects to keep such records or to
render such reports, shall not be accepted in lieu of attendance upon at
the public school of the district to which the child shall be assigned:assigned.
Provided, that instructionInstruction in a nonpublic school shall
not be regarded as meeting the requirements of the law unless the courses of
instruction run concurrently with the term of the public school in the district
and extend for at least as long a term.
(e) The
principal or his the principal's designee shall notify the
parent, guardian, or custodian of his or her child's excessive absences
after the child has accumulated three unexcused absences in a school year.
After not more than six unexcused absences, the principal or the principal's
designee shall notify the parent, guardian, or custodian by mail that he or
she may be in violation of the Compulsory Attendance Law and may be
prosecuted if the absences cannot be justified under the established attendance
policies of the State and local boards of education. Once the parents are
notified, the school attendance counselor shall work with the child and his the
child's family to analyze the causes of the absences and determine steps,
including adjustment of the school program or obtaining supplemental services,
to eliminate the problem. The attendance counselor may request that a law
enforcement officer accompany him or her if he the attendance
counselor believes that a home visit is necessary.
(f) After 10 accumulated unexcused absences in a school year, the principal or the principal's designee shall review any report or investigation prepared under G.S. 115C-381 and shall confer with the student and the student's parent, guardian, or custodian, if possible, to determine whether the parent, guardian, or custodian has received notification pursuant to this section and made a good faith effort to comply with the law. If the principal or the principal's designee determines that the parent, guardian, or custodian has not made a good faith effort to comply with the law, the principal shall notify the district attorney and the director of social services of the county where the child resides. If the principal or the principal's designee determines that the parent, guardian, or custodian has made a good faith effort to comply with the law, the principal may file a complaint with the juvenile court counselor pursuant to Chapter 7B of the General Statutes that the child is habitually absent from school without a valid excuse. Upon receiving notification by the principal or the principal's designee, the director of social services shall determine whether to undertake an investigation under G.S. 7B-302.
(g) Evidence
Documentation that shows demonstrates that the
parents, guardian, or custodian were notified and that the child has
accumulated 10 absences which cannot be justified under the established
attendance policies of the local board shall establish constitute a
prima facie case evidence that the child's parent, guardian,
or custodian is responsible for the absences. Upon receiving notification by
the principal, the director of social services shall determine whether to
undertake an investigation under G.S. 7B-302."
SECTION 2. This act is effective when it becomes law and applies beginning with the 2009-2010 school year.
In the General Assembly read three times and ratified this the 28th day of July, 2009.
s/ Walter H. Dalton
President of the Senate
s/ Joe Hackney
Speaker of the House of Representatives
s/ Beverly E. Perdue
Governor
Approved 2:02 p.m. this 5th day of August, 2009