2005 North Carolina Code - General Statutes Article 29 - Protective Provisions and Maintenance of Student Records.

Article 29.

Protective Provisions and Maintenance of Student Records.

§ 115C‑400.   School personnel to report child abuse.

Any person who has cause to suspect child abuse or neglect has a duty to report the case of the child to the Director of Social Services of the county, as provided in Article 3 of Chapter 7B of the General Statutes. (1981, c. 423, s. 1; 1998‑202, s. 13(bb).)

 

§ 115C‑401.  School counseling inadmissible evidence.

Information given to a school counselor to enable him to render counseling services may be privileged as provided in G.S. 8‑53.4. (1981, c. 423, s. 1.)

 

§ 115C‑401.1.  Prohibition on the disclosure of information about students.

(a)       It is unlawful for a person who enters into a contract with a local board of education or its designee to sell any personally identifiable information that is obtained from a student as a result of the person's performance under the contract. This prohibition does not apply if the person obtains the prior written authorization of the student's parent or guardian. This authorization shall include the parent's or guardian's original signature. The person shall not solicit this authorization and signature through the school's personnel or equipment or on school grounds.

(b)       The following definitions apply in this section:

(1)       "Contract" means a contract for the provision of goods or services.

(2)       "Personally identifiable information" means any information directly related to a student, including the student's name, birthdate, address, social security number, individual purchasing behavior or preferences, parents' names, telephone number, or any other information or identification number that would provide information about a specific student.

(3)       "Sell" means sell or otherwise use for a business or marketing purpose.

(c)       A violation of subsection (a) of this section shall be punished as a Class 2 misdemeanor, and when the defendant is an organization as defined in G.S. 15A‑773(c) the fine shall be five thousand dollars ($5,000) for the first violation, ten thousand dollars ($10,000) for a second violation, and twenty‑five thousand dollars ($25,000) for a third or subsequent violation.

(d)       Nothing in this section shall preclude the enforcement of civil remedies as otherwise provided by law.

(e)       Nothing in this section prohibits the identification and disclosure of directory information in compliance with federal law and local board of education policy or procedure. (2001‑500, s. 1.)

 

§ 115C‑402.  Student records; maintenance; contents; confidentiality.

(a)       The official record of each student enrolled in North Carolina public schools shall be permanently maintained in the files of the appropriate school after the student graduates, or should have graduated, from high school unless the local board determines that such files may be filed in the central office or other location designated by the local board for that purpose.

(b)       The official record shall contain, as a minimum, adequate identification data including date of birth, attendance data, grading and promotion data, and such other factual information as may be deemed appropriate by the local board of education having jurisdiction over the school wherein the record is maintained. Each student's official record also shall include notice of any suspension for a period of more than 10 days or of any expulsion under G.S. 115C‑391 and the conduct for which the student was suspended or expelled. The superintendent or the superintendent's designee shall expunge from the record the notice of suspension or expulsion if the following criteria are met:

(1)       One of the following persons makes a request for expungement:

a.         The student's parent, legal guardian, or custodian.

b.         The student, if the student is at least 16 years old or is emancipated.

(2)       The student either graduates from high school or is not expelled or suspended again during the two‑year period commencing on the date of the student's return to school after the expulsion or suspension.

(3)       The superintendent or the superintendent's designee determines that the maintenance of the record is no longer needed to maintain safe and orderly schools.

(4)       The superintendent or the superintendent's designee determines that the maintenance of the record is no longer needed to adequately serve the child.

(c)       Notwithstanding subdivision (b)(1) of this section, a superintendent or the superintendent's designee may expunge from a student's official record any notice of suspension or expulsion provided all other criteria under subsection (b) are met.

(d)       Each local board's policy on student records shall include information on the procedure for expungement under subsection (b) of this section.

(e)       The official record of each student is not a public record as the term "public record" is defined by G.S. 132‑1. The official record shall not be subject to inspection and examination as authorized by G.S. 132‑6.

(f)        The actual address and telephone number of a student who is a participant in the Address Confidentiality Program established pursuant to Chapter 15C of the General Statutes or a student with a parent who is a participant in the Address Confidentiality Program established pursuant to Chapter 15C of the General Statutes shall be kept confidential from the public and shall not be disclosed except as provided in Chapter 15C of the General Statutes. (1975, c. 624, ss. 1, 2; 1981, c. 423, s. 1; 1985, c. 268; c. 416; 1997‑443, s. 8.29(s); 2001‑195, s. 1; 2002‑171, s. 6.)

 

§ 115C‑403.  Flagging and verification of student records; notification of law enforcement agencies.

(a)       Upon notification by a law enforcement agency or the North Carolina Center for Missing Persons of a child's disappearance, the superintendent of a local school administrative unit or his designee shall flag or mark the record of any child who is currently or was previously enrolled in a school of that unit and who is reported as missing. The flag or mark shall be made in such a manner that when a copy of or information regarding the record is requested, school personnel are alerted to the fact that the record is that of a missing child.

Before providing a copy of the school record or other information concerning the child whose record is flagged pursuant to this section, the superintendent or his designee shall notify the agency that requested that the record be flagged of every inquiry made concerning the flagged record, and shall provide a copy to the agency of any written request for information concerning the flagged record.

(b)       When any child transfers from one school system to another school system, the receiving school shall, within 30 days of the child's enrollment, obtain the child's record from the school from which the child is transferring. If the child's parent, custodian, or guardian provides a copy of the child's record from the school from which the child is transferring, the receiving school shall, within 30 days of the child's enrollment, request written verification of the school record by contacting the school or institution named on the transferring child's record. Upon receipt of a request, the principal or the principal's designee of the school from which the child is transferring shall not withhold the record or verification for any reason, except as is authorized under the Family Educational Rights and Privacy Act. Any information received indicating that the transferring child is a missing child shall be reported to the North Carolina Center for Missing Persons. (1989, c. 331, s. 1; 1998‑220, s. 12.)

 

§ 115C‑404.  Use of juvenile court information.

(a)       Written notifications received in accordance with G.S. 7B‑3101 and information gained from examination of juvenile records in accordance with G.S. 7B‑3100 are confidential records, are not public records as defined under G.S. 132‑1, and shall not be made part of the student's official record under G.S. 115C‑402. Immediately upon receipt, the principal shall maintain these documents in a safe, locked record storage that is separate from the student's other school records. The principal shall shred, burn, or otherwise destroy documents received in accordance with G.S. 7B‑3100 to protect the confidentiality of the information when the principal receives notification that the court dismissed the petition under G.S. 7B‑2411, the court transferred jurisdiction over the student to superior court under G.S. 7B‑2200, or the court granted the student's petition for expunction of the records. The principal shall shred, burn, or otherwise destroy all information gained from examination of juvenile records in accordance with G.S. 7B‑3100 when the principal finds that the school no longer needs the information to protect the safety of or to improve the educational opportunities for the student or others. In no case shall the principal make a copy of these documents.

(b)       Documents received under this section shall be used only to protect the safety of or to improve the education opportunities for the student or others. Information gained in accordance with G.S. 7B‑3100 shall not be the sole basis for a decision to suspend or expel a student. Upon receipt of each document, the principal shall share the document with those individuals who have (i) direct guidance, teaching, or supervisory responsibility for the student, and (ii) a specific need to know in order to protect the safety of the student or others. Those individuals shall indicate in writing that they have read the document and that they agree to maintain its confidentiality. Failure to maintain the confidentiality of these documents as required by this section is grounds for the dismissal of an employee who is not a career employee and is grounds for dismissal of an employee who is a career employee, in accordance with G.S. 115C‑325(e)(1)i.

(c)       If the student graduates, withdraws from school, is suspended for the remainder of the school year, is expelled, or transfers to another school, the principal shall return all documents not destroyed in accordance with subsection (a) of this section to the juvenile court counselor and, if applicable, shall provide the counselor with the name and address of the school to which the student is transferring. (1997‑443, s. 8.29(f); 1998‑202, ss. 8, 13(cc); 1998‑217, s. 12; 2000‑140, s. 25.)

 

§§ 115C‑405 through 115C‑406.  Reserved for future codification purposes.