North Carolina — school discipline
- The lines the state draws
- The statute draws them by definition, at ten school days. A short-term suspension is "The exclusion of a student from school attendance for disciplinary purposes for up to 10 school days from the school to which the student was assigned at the time of the disciplinary action." (§ 115C-390.1(b)(12)) A long-term suspension is "The exclusion for more than 10 school days of a student from school attendance for disciplinary purposes from the school to which the student was assigned at the time of the disciplinary action", and the statute bounds its length: "If the offense leading to the long-term suspension occurs before the final quarter of the school year, the exclusion shall be no longer than the remainder of the school year in which the offense was committed." (§ 115C-390.1(b)(7)) Expulsion is "The indefinite exclusion of a student from school enrollment for disciplinary purposes" (§ 115C-390.1(b)(5)), and is limited by age and standard of proof: a governing body "may expel any student 14 years of age or older whose continued presence in school constitutes a clear threat to the safety of other students or school staff", on a decision "based on clear and convincing evidence". (§ 115C-390.11(a), (a)(1)) Who may act differs by line: "Only the superintendent has the authority to long-term suspend a student." (§ 115C-390.7(a))
- Offices and appeal bodies in these sources
- The decision-makers are the principal, the superintendent, and the governing body of the public school unit, and the appeal route depends on which line was crossed. On a short-term suspension the statute forecloses it: "A student is not entitled to appeal the principal's decision to impose a short-term suspension to the superintendent or governing body of the public school unit. Further, such a decision is not subject to judicial review." The same subsection preserves a local option: "Notwithstanding this subsection, the governing body, in its discretion, may provide students an opportunity for a review or appeal of a short-term suspension to the superintendent or governing body." (§ 115C-390.6(e)) On a long-term suspension there is a formal hearing, then two further forums with stated clocks: "a student's appeal to the governing body of a decision upholding a long-term suspension shall be heard and a final written decision issued in not more than 30 calendar days following the request for such appeal" (§ 115C-390.8(g)), and "A decision of the governing body of the public school unit to uphold the long-term suspension of a student is subject to judicial review in accordance with Article 4 of Chapter 150B of the General Statutes. The action must be brought within 30 days of the governing body's decision." (§ 115C-390.8(i))
No state office, phone number, or email for parents appears in the sources reviewed, and no Department of Public Instruction page setting out these procedures for parents was located in this review. That absence is the finding. - Sources last checked
- Oct 13, 2026
Reproduced from the state's own statutes quoted below: potentially relevant official sources, not a determination of which one governs any situation.
This page assembles what North Carolina publishes in statute about K-12 school discipline: who may remove a student and how, the notice and hearing the statute requires, what continues during a removal, what record follows a student, and, because the statute assigns much of the detail to each governing body's own Code of Student Conduct and policies, a map of the questions answered only there. The article's own vocabulary appears throughout: short-term suspension, long-term suspension, expulsion, the governing body, the Code of Student Conduct, substantial evidence, clear and convincing evidence. The article is unusually explicit about notice and about language, and it names its own cross-reference for expungement (G.S. 115C-402) without stating that statute's text. District Codes of Student Conduct carry procedural detail this page does not; the delegation map below points at exactly those questions. For a student with an IEP or Section 504 plan, the disability layer lives on this site's North Carolina special education page. Confirm applicability with the district and the agencies. All dates on this page are quoted from the sources, not a deadline calculation performed for you.
The framework, as the state writes it
State policy (§ 115C-390.1(a), (c)). "School discipline must balance these interests to provide a safe and productive learning environment, to continually teach students to respect themselves, others, and property, and to conduct themselves in a manner that fosters their own learning and the learning of those around them." Every procedure in the article runs subject to federal law: "the policies and procedures for the discipline of students shall be consistent with the requirements of the Gun Free Schools Act, 20 U.S.C. § 7151, the Individuals with Disabilities Education Act (IDEA), 29 U.S.C. § 1400, et seq., section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 701, et seq., and with other federal laws and regulations."
Short-term suspension (§ 115C-390.5(a), § 115C-390.6). "The principal may impose short-term suspension on a student who willfully engages in conduct that violates the Code of Student Conduct authorizing short-term suspension." Ordinarily, "no short-term suspension shall be imposed upon a student without first providing the student an opportunity for an informal hearing with the principal." At that hearing, "The student has the right to be present, to be informed of the charges and the basis for the accusations, and to make statements in defense or mitigation of the charges." Without a hearing first: "The principal may impose a short-term suspension without providing the student an opportunity for a hearing if the presence of the student creates a direct and immediate threat to the safety of other students or staff, or substantially disrupts or interferes with the education of other students or the maintenance of discipline at the school."
Long-term suspension (§ 115C-390.7, § 115C-390.8). "A principal may recommend to the superintendent the long-term suspension of any student who willfully engages in conduct that violates a provision of the Code of Student Conduct that authorizes long-term suspension. Only the superintendent has the authority to long-term suspend a student." If the student declines a hearing, "the superintendent shall review the circumstances of the recommended long-term suspension. Following such review, the superintendent (i) may impose the suspension if is it consistent with board policies and appropriate under the circumstances, (ii) may impose another appropriate penalty authorized by board policy, or (iii) may decline to impose any penalty." "The formal hearing may be conducted by the governing body of the public school unit, by the superintendent, or by a person or group of persons appointed by the governing body or superintendent to serve as a hearing officer or hearing panel." The deciding official "shall adopt the hearing officer's or panel's factual determinations unless they are not supported by substantial evidence in the record."
365-day suspension for gun possession (§ 115C-390.10). Governing bodies must adopt policies "requiring suspension for 365 calendar days of any student who is determined to have brought or been in possession of a firearm or destructive device on educational property, or to a school-sponsored event off of educational property." The requirement is not absolute: "the superintendent may modify, in writing, the required 365-day suspension for an individual student on a case-by-case basis." And the statute states an exception for a student who surrenders a found weapon: the superintendent "shall not impose a 365-day suspension if the superintendent determines that the student took or received the firearm or destructive device from another person at school or found the firearm or destructive device at school, provided that the student delivered or reported the firearm or destructive device as soon as practicable to a law enforcement officer or a school employee and had no intent to use such firearm or destructive device in a harmful or threatening way." "The procedures described in G.S. 115C-390.8 apply to students facing a 365-day suspension pursuant to this section."
Expulsion (§ 115C-390.11). Quoted in the docket: available only for a student 14 or older found by clear and convincing evidence to be a clear threat to safety. "Prior to the expulsion of any student, the governing body shall conduct a hearing to determine whether the student's continued presence in school constitutes a clear threat to the safety of other students or school staff." "During the expulsion, the student is not entitled to be present on any property of the public school unit and is not considered a student of the governing body of the public school unit."
Alternative education services (§ 115C-390.9). "Students who are long-term suspended shall be offered alternative education services unless the superintendent provides a significant or important reason for declining to offer such services." Where the superintendent declines, "the student may seek review of such decision by the governing body of the public school unit as permitted by G.S. 115C-45(c)(2)."
Readmission (§ 115C-390.12). Quoted in the lede below and in the docket: after 180 calendar days, a suspended-for-365-days or expelled student may petition for readmission, on a process the governing body must develop and publish.
Corporal punishment, reasonable force, and restraint (§§ 115C-390.3, 115C-390.4, 115C-391.1). Separately from exclusion, the article regulates the physical side of discipline: corporal punishment is permitted only where a governing body chooses to allow it, and "The school shall maintain records of each administration of corporal punishment and the reasons for its administration." Reasonable force, physical restraint, mechanical restraint, seclusion, isolation, and time-out are each separately defined and bounded, and "The use of aversive procedures as defined in this section is prohibited in public schools."
The published process
- Notice of charges and the hearing right before long-term exclusion
- For a short-term suspension, "The principal shall provide notice to the student's parent of any short-term suspension, including the reason for the suspension and a description of the alleged student conduct upon which the suspension is based. The notice shall be given by the end of the workday during which the suspension is imposed when reasonably possible, but in no event more than two days after the suspension is imposed." (§ 115C-390.6(c)) "If English is the second language of the parent, the notice shall be provided in the parent's primary language, when the appropriate foreign language resources are readily available, and in English, and both versions shall be in plain language and shall be easily understandable." (§ 115C-390.6(d)) For a long-term suspension, the written notice must include, among eight items, "Notice that the parent is permitted to retain an attorney to represent the student in the hearing process" and "Notice that the parent has the right to review and obtain copies of the student's educational records before the hearing." (§ 115C-390.8(a)(5), (7)) At the hearing itself, governing body policy must offer "The right to be represented at the hearing by counsel or, in the discretion of the local board, a non-attorney advocate." "The right to have a record made of the hearing." "The right to make his or her own audio recording of the hearing." (§ 115C-390.8(e)(1), (6), (7))
- Services during exclusion
- During a short-term suspension, a student is entitled to "The opportunity to take textbooks home for the duration of the suspension." On request, "the right to receive all missed assignments and, to the extent practicable, the materials distributed to students in connection with the assignment." And "The opportunity to take any quarterly, semester, or grading period examinations missed during the suspension period." (§ 115C-390.5(c)) During a long-term suspension: "Students who are long-term suspended shall be offered alternative education services unless the superintendent provides a significant or important reason for declining to offer such services." (§ 115C-390.9(a)) During a 365-day gun-possession suspension: "Students who are suspended for 365 days pursuant to this section shall be considered for alternative educational services consistent with the provisions of G.S. 115C-390.9." (§ 115C-390.10(f))
- The record made, and the appeal route
- A short-term suspension carries no appeal: quoted in the docket, it is "not subject to judicial review", with review possible only if the governing body chooses to offer it. A long-term suspension carries a written decision — "The right to a written decision, based on substantial evidence presented at the hearing, either upholding, modifying, or rejecting the principal's recommendation of suspension" (§ 115C-390.8(e)(8)) — an appeal to the governing body within 30 calendar days, and judicial review within 30 days under Chapter 150B, both quoted in the docket. "A person seeking judicial review shall file a petition in the superior court of the county where the governing body made its decision." (§ 115C-390.8(i)) An expulsion borrows the same hearing procedures; on readmission, "A decision by a governing body of a public school unit to deny readmission of an expelled student is not subject to judicial review." (§ 115C-390.12(a)(2)c)
- If the student has an IEP or Section 504 plan
- The disability layer (evaluation, the IEP team, manifestation determination, services during removal, and the dispute routes) lives on this site's North Carolina special education page. The discipline statute itself states that all its policies and procedures "shall be consistent with the requirements of the Gun Free Schools Act, 20 U.S.C. § 7151, the Individuals with Disabilities Education Act (IDEA), 29 U.S.C. § 1400, et seq., section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 701, et seq., and with other federal laws and regulations." (§ 115C-390.1(c))
The four rows above answer the questions an experienced advocate raises first, from the state's own statutes, or record that a question is not answered in them.
Timelines, as stated in the sources
All quoted; none calculated. From N.C. Gen. Stat. Chapter 115C, Article 27, as retrieved Sep 1, 2026.
On the length of a short-term suspension: "up to 10 school days" (§ 115C-390.1(b)(12))
On short-term suspension notice: "by the end of the workday during which the suspension is imposed when reasonably possible, but in no event more than two days after the suspension is imposed." (§ 115C-390.6(c))
On the length of a long-term suspension: more than 10 school days, bounded as quoted in the docket by the school year in which the offense occurred. (§ 115C-390.1(b)(7))
On requesting a hearing to contest a long-term suspension: the notice must state "the number of days within which the hearing must be requested." a number the statute leaves to governing body policy rather than stating itself. (§ 115C-390.8(a)(3))
On the appeal to the governing body of a long-term suspension decision: "not more than 30 calendar days following the request for such appeal." (§ 115C-390.8(g))
On judicial review of a long-term suspension: "within 30 days of the governing body's decision." (§ 115C-390.8(i))
On the 365-day gun-possession suspension: "365 calendar days", subject to the case-by-case modification and found-weapon exceptions quoted in the framework above. (§ 115C-390.10(a))
On requesting readmission: "after 180 calendar days from the date of the beginning of the student's suspension or expulsion" (§ 115C-390.12(a))
On the readmission decision: "within 30 days of the petition", for both the 365-day and the expelled-student processes. (§ 115C-390.12(a)(1)e, (2)e)
On a subsequent readmission request after expulsion: "not more often than every six months." (§ 115C-390.12(a)(2)d)
On notice of a restraint or seclusion incident: "promptly notify" means "by the end of the workday during which the incident occurred when reasonably possible, but in no event later than the end of following workday." A written incident report is due "in no event later than 30 days after the incident." (§ 115C-391.1(j)(3), (4))
What any of this means for a particular situation is for the agency and its processes to determine.
District delegation map
The statute writes the frame and expressly hands the detail to each governing body of a public school unit. Each entry below is a question a district's own Code of Student Conduct or policy answers, with the delegating text quoted. No district's Code of Student Conduct is captured or quoted here.
The Code of Student Conduct and discipline policies themselves. "Governing bodies of public school units, in consultation with teachers, school-based administrators, parents, and local law enforcement agencies, shall adopt policies to govern the conduct of students and establish procedures to be followed by school officials in disciplining students." (§ 115C-390.2(a)) Those policies "shall include or provide for the development of a Code of Student Conduct that notifies students of the standards of behavior expected of them, conduct that may subject them to discipline, and the range of disciplinary measures that may be used by school officials." (§ 115C-390.2(b))
Which violations may draw a long-term suspension or expulsion at all. "Governing body policies shall minimize the use of long-term suspension and expulsion by restricting the availability of long-term suspension or expulsion to those violations deemed to be serious violations of the governing body's Code of Student Conduct that either threaten the safety of students, staff, or school visitors or threaten to substantially disrupt the educational environment." (§ 115C-390.2(f)) Beyond the statute's own mandatory categories, "Governing body policies shall not impose mandatory long-term suspensions or expulsions for specific violations unless otherwise provided in State or federal law." (§ 115C-390.2(e))
How many days a parent has to request a long-term suspension hearing. The long-term suspension notice must state "the number of days within which the hearing must be requested." which the statute does not itself set. (§ 115C-390.8(a)(3))
The procedures at a long-term suspension hearing, beyond the statutory floor. "Long-term suspension hearings shall be conducted in accordance with policies adopted by the governing body of the public school unit. Such policies shall offer the student procedural due process including, but not limited to, the following:" the eight rights quoted in section 02 and elsewhere on this page are the floor; the governing body's own policy fills in the rest, including "the discretion of the local board" over whether a non-attorney advocate may represent a student in place of counsel. (§ 115C-390.8(e), (e)(1))
Whether corporal punishment is used at all, and how. "Each governing body of a public school unit shall determine whether corporal punishment will be permitted in its public school unit." Where it is permitted, the governing body's own policy must meet a stated floor, including that "The school shall maintain records of each administration of corporal punishment and the reasons for its administration." (§ 115C-390.4(a), (b)(4))
Whether a short-term suspension may be appealed at all. "Notwithstanding this subsection, the governing body, in its discretion, may provide students an opportunity for a review or appeal of a short-term suspension to the superintendent or governing body." (§ 115C-390.6(e))
The readmission process. "The governing body of the public school unit shall develop and publish written policies and procedures for the readmission of all students who have been expelled or suspended for 365 days," subject to the stated minimum process for each category. (§ 115C-390.12(a))
Records access, as stated in the sources
Before a long-term suspension hearing, "Notice that the parent has the right to review and obtain copies of the student's educational records before the hearing" must be part of the written notice. (§ 115C-390.8(a)(7)) That same notice must include "A reference to the governing body policy on the expungement of discipline records as required by G.S. 115C-402." (§ 115C-390.8(a)(8)) The written decision after a long-term suspension hearing must itself state "Notice of what information will be included in the student's official record pursuant to G.S. 115C-402." (§ 115C-390.8(e)(8)b)
G.S. 115C-402 — the expungement statute the article cites three times — was not itself captured in this review; that is a finding about this review's scope, not an assertion about what it says. Federal records rights under FERPA are federal and are not restated here, though the article cross-references FERPA once, in the corporal-punishment reporting requirement: "The report shall be in compliance with the federal Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, and shall include the following:" (§ 115C-390.4(c))
Source map
| Document | Location | Dates |
|---|---|---|
| N.C. Gen. Stat. Chapter 115C, Article 27 (Discipline), §§ 115C-390 through 115C-390.12 | ncleg.gov | section-level session-law notations, the most recent cited being 2025-25; retrieved Sep 1, 2026 |
| G.S. 115C-45(c) (appeals to local boards), cited repeatedly by the article | cited in the article above | capture pending |
| G.S. 115C-402 (expungement of discipline records), cited by § 115C-390.8(a)(8), (e)(8)(b) | cited in the article above | capture pending |
| Chapter 150B, Article 4 (judicial review), cited by § 115C-390.8(i) | cited in the article above | capture pending |
| Department of Public Instruction guidance on student discipline procedures | — | not located in this review; capture pending |
| District student discipline policies and Codes of Student Conduct | each public school unit, per § 115C-390.2; filed with the Department each September 1 | never captured; the delegation map above points at them |
Change log
Sep 1, 2026 · Deepened to a full page (discipline-layer deepening pass). Re-captured first-party under recipe tools/recipes/north-carolina-discipline.json: the whole of Article 27 from the General Assembly's own site, unchanged in substance from the Aug 29, 2026 baseline capture (dates refreshed only). Built sections 01–02 (the framework route by route, the four hoisted process rows, the timelines section, the district delegation map, and records access) from that same capture; no additional source was needed to reach full depth, because the single-document article already carries the full suspension, expulsion, readmission, notice, hearing, and delegation apparatus. Findings recorded: (1) the article routes discipline through four distinct exclusion categories — short-term suspension, long-term suspension, the mandatory 365-day gun-possession suspension, and expulsion — each with its own decision-maker, standard, and (for three of the four) appeal route; a short-term suspension alone carries no state-guaranteed appeal or judicial review; (2) the long-term suspension notice must itself disclose the parent's records-review right and reference the governing body's G.S. 115C-402 expungement policy, and the written decision must state what enters the student's official record under that same statute, which was not itself captured; (3) the statute delegates the number of days a parent has to request a long-term suspension hearing to governing body policy rather than stating a figure; (4) corporal punishment is permitted only at each governing body's own election, and where permitted the school must keep records of each administration; (5) no state office or contact for parents appears in the article, and no Department of Public Instruction procedures page for parents was located. Not yet captured: G.S. 115C-45(c), G.S. 115C-402, Chapter 150B Article 4, and DPI guidance. Internet Archive captures: to be added. Reviewer: Carrie Schluter. Corrections on the record in this log: hello@fieldassembly.net.
Aug 29, 2026 · Baseline page created (discipline-layer breadth sprint). Captured first-party under recipe tools/recipes/north-carolina-discipline.json: the whole of Article 27 from the General Assembly's own site, which serves the article as one static HTML document to a plain fetcher with no user-agent, session, or rendering required — the least obstructed statute host in this layer so far, and the first state whose twelve governing sections arrive in a single capture. Findings recorded: (1) the state draws its line by definition at ten school days, and attaches sharply different procedure to each side of it; (2) a short-term suspension carries no appeal and, in the statute's own words, is "not subject to judicial review", with any review existing only if the local governing body chooses to provide one — the most consequential thing on this page for a parent holding a short suspension notice; (3) the long-term route is fully specified, including an eight-item notice, a listed set of hearing rights, a 30-calendar-day clock on the appeal to the governing body, and judicial review within 30 days under Chapter 150B; (4) expulsion is bounded by age and proof, available only for a student 14 or older and only on clear and convincing evidence; (5) the statute requires notice in the parent's primary language where the resources are readily available, and requires parts of a long-term suspension notice to be translated into the dominant non-English language used in the school unit; (6) each governing body must file its discipline policies and Code of Student Conduct with the Department of Public Instruction every September 1, so the state holds a collection of the district codes that decide most of what a hearing turns on; (7) § 115C-390.5(b) is repealed in place by Session Laws 2025-25 and captured as published; (8) no state office, telephone number, or email address for parents appears in the article, and no Department page setting out these procedures for parents was located in this review. Internet Archive captures: to be added. Reviewer: Carrie Schluter, reviewed 2026-08-29. Corrections on the record in this log: hello@fieldassembly.net.