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Twenty-four Policy Revisions to be Reviewed by BOE

At its meeting Monday, January 6, the Board of Education acknowledged receipt of twenty-four policy revisions to be reviewed until the next meeting, Monday, February 3.  The policies and the recommended/required revisions are posted here for public review.  Comments may be sent to Emily Stroud.

Policy 2010: Board and Superintendent Relations

  • Adds that the superintendent must report all information required to be reported to the board by law.
  • This revision is included in response to G.S. 115C-316.2, which now requires superintendents to annually report to their board the total number of school mental health support personnel employed in the LEA

Policy 2300: Board Meetings

  • Revises Section C to clarify the circumstances under which an emergency meeting may be called. G.S. 143-319.12(f)

Policy 4040/7310: Staff-Student Relations

  • Makes the policy applicable to volunteers. 
  • Adds reference to Policy 5015, School Volunteers, in the cross references. 
  • Updates the legal references. (Required)
  • Updates the footnotes. (Informational only)

Policy 4325: Drugs and Alcohol

  • Adds new introductory provision describing the applicability of the policy.
  • Modifies the description of prohibited behaviors in subsection A.1 to be consistent with state law terminology.
  • Adds a new provision addressing CBD- and THC-containing substances.
  • Renumbers the provision pertaining to drug paraphernalia and adds examples.
  • Clarifies provision pertaining to the possession and use of prescription and over-the-counter drugs. 
  • Clarifies reporting requirements in Section B.
  • Updates the legal references.
  • Adds new footnotes. (Informational only)
  • Although some CBD and/or THC products may be legal under state and/or federal law, whether or not a CBD or THC substance will constitute an illegal controlled substance depends upon a number of factors, including the source from which the substance is derived.This policy prohibits CBD and THC substances altogether due to the school system’s obligation to create a drug-free environment and the inherent, practical difficulty in distinguishing between legal and illegal CBD and THC substances.Boards should seek the advice of the board attorney on this developing area of the law, particularly if the board wishes to consider allowing possession and use of CBD products by students.

Policy 4333: Weapons, Bomb Threats, Terrorist Threats, and Clear Threats to Safety

  • In subsection A.1, adds a new provision addressing weapons of mass destruction. 
  • Modifies subsection A.2 regarding bomb threats to clarify the kinds of conduct prohibited, to remove repetitive information, and to add a prohibition on planting fake explosive devices on school property.
  • Modifies subsection A.3 regarding terrorist threats to add several other forms of prohibited conduct, including (1) threatening an act of mass violence; (2) making a false report of an impending act of mass violence; and (3) planting a fake weapon of mass destruction on school property. Also removes repetitive information. 
  • Updates the legal references. (Required)
  • Adds new footnotes.(Informational only)
  • G.S. 14-69.2, -277.5, -277.6,-288.21(c), -288.23, -288.24

Policy 4400: Attendance

  • In subsection B.6, substitutes “parent or legal guardian” for “parents,” per change to state law. (Required)
  • In subsection B.9, modifies the conditions under which absences for children of military members may be excused, per change to state law. (Required)
  • Updates the footnotes. (Informational only)
  • Updates the legal references. (Required)
  • S.L. 2019-201, sec. 1.(a), G.S. 115C-379

Policy 4700: Student Records

  • In subsection C.1.f, clarifies that student records must be destroyed in accordance with the applicable record retention schedule(s). (Required)
  • In subsection H.3, pertaining to directory information, expands the description of “photograph” to include digital images of students engaged in ordinary school activities to allow release of such images without parental permission. (Optional)
  • Updates Section K, pertaining to the destruction of records, to require compliance with the applicable records retention and disposition schedules(s) issued by the NC Department of Natural and Cultural Resources.(Required – see note)
  • Updates the legal references. (Required)
  • Adds a footnote explaining the current status of the recordsretention schedules applicable to LEAs.(Informational only)
  • Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g, General Records Schedule for Local Government Agencies(NCDNCR, March 1, 2019), Records Retention and Disposition Schedule for Local Education Agencies(NCDNCR 1999), Standard 7
  • See note accompanying policy 5070/7350 below:
    Prior to March 1, 2019, LEAs were permitted to destroy public records in accordance with the disposition schedules established by the state in the 1999 Records Retention and Disposition Schedule for Local Education Agencies (“LEA Schedule”).The LEA Schedule consisted of eight standards, each governing different record categories.As of March 1, 2019, all standards of the LEA Schedule except Standard 7 (Program Operational Records) were discontinued and LEAs were directed to formally approve and follow the new General Records Schedule for Local Government Agencies (“General Schedule”).
  • According to NCDNCR, until the board approves the General Schedule, the school system cannot destroy any records except those covered by Standard 7 of the LEA Schedule. Once an LEA adopts the General Schedule, it will use the LEA Schedulefor Standard 7, Program Operational Records, and the General Schedule for everything else.
  • Information on the NCDNCR website explains that the board must approve the General Schedulein a regular meeting and the action must be recorded in the minutes. It may be done as part of the consent agenda, by resolution, or by other action. The board must send a copy of the completed signature page to the Records Analysis Unit, Government Records Section, 4615 Mail Service Center, Raleigh, NC 27699-4615 or fax it to 919-715-3627.The signature page is included in the retention schedule and appears as the third (unnumbered) page of the document. The retention schedule is available here:  https://files.nc.gov/dncr-archives/documents/files/2019_local_standards_0.pdf
  • Boards should consult the board attorney for guidance on this critical matter to ensure that the board has taken all necessary steps to be able to legally destroy its records.Destruction of records in violation of the retention schedules is a criminal offense.G.S. 132-3.

Policy 5015: School Volunteers

  • Makes the requirements of policy 4040/7310, Staff-Student Relations, explicitly applicable to school volunteers. 
  • Adds cross reference to policy 4040/7310.
  • Updates the legal references. 
  • Policy 4040/7310 prohibits romantic relationships and sexual contact with students and restricts electronic communications with students. It also requires reporting of inappropriate conduct towards students.

Policy 6305: Safety and Student Transportation Services

  • Adds word at the end of the last sentence for clarification.
  • Updates web link in the legal references.
  • Updates a footnote. (Informational only)

Policy 6420: Contracts with the Board

  • Clarifies that the contracting authority limits of Section A apply to contracts for materials, equipment, or services.
  • Adds a provision requiring board approval for contracts and change orders that would result in more than a board-specified dollar amount being paid to the same vendor during the same fiscal year or any 12-month period. 
  • The board-specified amount to be filled in the blank is intended to be identical to the amount the board has already specified in the first and third sentences of the same paragraph in this policy.For example, if the board specified $25,000 in the first and third sentences of the paragraph, the board would specify $25,000 in the new blank, so that all three dollar amounts are identical.
  • The new provision is recommended to protect against inadvertent or intentional circumvention of the board’s limited delegation of authority that could occur via multiple contracts with the same vendor.Alternately, the board could specify a higher dollar threshold to apply to multiple contracts and change orders with the same vendor during any 12-month period.However, doing so may loosen the board’s control over high-value contracts and change orders.  

Policy 7100: Recruitment and Selection of Personnel

  • Clarifies the meaning of “convicted of a criminal offense” in the third paragraph of Section C to be consistent with the first paragraph of that section. 
  • Updates the legal references. (Required)
  • Updates the footnotes. (Informational only)    

Policy 7130: Licensure

  • Updates information regarding employment of adjunct CTE instructors to reflect change in the law.
  • Updates Section D to add that a residency license may be converted to a continuing professional license, per change in state law.(Required)
  • Updates the legal references. (Required)
  • Updates the footnotes. (Informational only)
  • S.L. 2019-71, secs. 1.1, 2.1; S.L. 2019-185, sec. 2.(a); S.L. 2019-212, secs. 8.(a)-(c)
  • G.S. 115C-157.1, -270.15, -270.20Updates the legal references. (Required)

Policy 7410: Teacher Contracts

  • Adds a new second paragraph in Section C that does the following:
  • Consistent with new state law, establishes that, for purposes of determining a teacher’s years of employment by the board under this section, a year is at least 120 workdays performed as a teacher in a full-time permanent position. (Required/See note 1)
  • Provides that if a teacher did not work 120 workdays in a year, the year will not be deemed to constitute a year of employment unless otherwise required by law.(Required if the board requires consecutive years of service – see note 2) (Recommended if the board requires only cumulative years of service.)
  • Provides that a teacher’s failure to reach 120 workdays in a year because he/she was on approved or legally entitled leave is not considered a break in the continuity of employment. (Required if the board requires consecutive years of service – see note 1)
  • Provides that a suspension is not considered approved or legally entitled leave. (Required if the board requires consecutive years of service – see note 1)
  • Modifies the length-of-contract options to require that a teacher have at least three consecutive years of employment with the board to be eligible for a multi-year contract.(Optional – see note)S.L. 2019-82, G.S. 115C-325.3
  • Updates and adds footnotes. (Informational only)

Policies with technical changes only

Policy 3102 - Online Instruction

Policy 4240/7312 - Child Abuse Reports and Investigations

Policy 4270/6145 - Concussion and Head Injury

Policy 6120 - Student Health Services

Policy 6220 - Operation of School Nutrition Services

Policy 6230 - School Meal and Competitive Foods Standards

Policy 6315 - Drivers

Policy 7430 - Substitute Teachers

Policy 7820 - Personnel Files

Policy 8340 - Insurance

Policy 8350 Fixed Assets Inventory