2005 North Carolina Code - General Statutes § 115C-383. Attendance of deaf and blind children.

§ 115C‑383.  Attendance of deaf and blind children.

(a)       Deaf Children and Blind Children to Attend School; Age Limits; Minimum Attendance. – Every deaf child and every blind child between the ages of six and 18 years of sound mind in North Carolina who shall be qualified for admission into a State school for the deaf or the blind shall attend a school that has an approved program for the deaf or the blind, or in the case of a blind child, such child may attend a public school, for a term of not less than nine months each year.  Parents, guardians, or custodians of every such blind or deaf child between the ages of six and 18 years shall send, or cause to be sent, such child to some school for the instruction of the blind or deaf or public school as herein provided.  As to any deaf child, or any blind child not attending a public school as herein provided, the superintendent of any school for the blind or deaf may exempt any such child from attendance at any session or during any year, and may discharge from his custody any such blind or deaf child whenever such discharge seems necessary or proper.  Such discharge or exemption shall be reviewed by the board of directors upon petition by the parent, guardian, or other interested person or the child who has been exempted or discharged: Provided, however, that such board shall not be required to review such discharge or exemption more than once during each calendar year.  Whenever a blind or deaf child reaches the age of 18 years and is still unable to become self‑supporting because of his defects, such child shall continue in said school until he reaches the age of 21, unless he becomes capable of self‑support at an earlier date.

(b)       Parents, etc., Failing to Enroll Deaf Child in School Guilty of Misdemeanor; Provisos. – The parents, guardians, or custodians of any deaf child between the ages of six and 18 years failing to enroll such deaf child or children in some school for instruction as provided herein, shall be guilty of a Class 1 misdemeanor: Provided, that this subsection shall not apply to or be enforced against the parent, guardian, or custodian of any deaf child until such time as the superintendent of any school for the instruction of the deaf shall in his discretion serve written notice on such parent, guardian, or custodian, directing that such child be sent to the institution, advising such parents, guardians, or custodians of the legal requirements of this subsection: Provided, further, that the willful failure of such parent, guardian, or custodian shall constitute a continuing offense and shall not be barred by the statute of limitations.

(c)       Parents, etc., Failing to Send Blind Child to School Guilty of Misdemeanor; Provisos. – The parents, guardians, or custodians of any blind child between the ages of six and 18 years failing to send such child to some school for the instruction of the blind or public school shall be guilty of a Class 1 misdemeanor.  This subsection shall not be enforced against the parents, guardians, or custodians of any blind child until such time as the superintendent of some school for the instruction of the blind shall in his discretion serve written notice on such parents, guardians, or custodians directing that such child be sent to the said school or to a public school, advising such parents, guardians, or custodians of the legal requirements of this subsection: Provided, further, that the willful failure of such parents, guardians, or custodians shall constitute a continuing offense and shall not be barred by the statute of limitations.  The authorities of the Governor Morehead School shall not be compelled to retain in their custody or under their instruction any incorrigible person of confirmed immoral habits.

(d)       Local Superintendent to Report Blind and Deaf Children. – It shall be the duty of the local superintendents to report the names and addresses of parents, guardians, or custodians of any deaf or blind children residing within their respective local school administrative units to the superintendent of the institution provided for each.  Such report also shall be made to the Department of Public Instruction. (1955, c. 1372, art. 20, ss. 7‑10; 1969, c. 749, s. 1; 1981, c. 423, s. 1; 1993, c. 539, ss. 889, 890; 1994, Ex. Sess., c. 24, s. 14(c).)