Avery County Schools Policy Policy Code: 4345



    The principal will retain in the student’s file, either in paper or electronic form, all
    records related to violations of board policies, school standards or rules.

    As required by law, the superintendent shall maintain the following data on each
    student suspended for more than 10 days, reassigned for disciplinary reasons,
    expelled or to whom corporal punishment was administered: race, gender, age,
    grade level, ethnicity, disability status, type of incident or offense, duration of the
    suspension, whether alternative education services were provided, and whether
    the student had multiple suspensions in that academic year.

    As secretary to the board, the superintendent also shall maintain records from the
    board’s consideration of 365 day suspensions and expulsions and any readmission
    reconsiderations of 365-day suspension and expulsions.

    The superintendent shall ensure that data on disciplinary incidents is reported
    using the North Carolina Window on Education (NC WISE) system in accordance
    with State Board of Education policies and procedures.


    Confidential student records concerning conduct that posed a significant safety
    risk to the student or others in the school community may be disclosed to teachers
    and school officials, including teachers and school officials in other schools, who
    have legitimate educational interests in the behavior of the student.


         1. End of the Year Removal

The following types of discipline records may not be removed from student records, electronic files and databases at the end of the school year:

            A)      notice of any suspension for a period of more than 10 days and the
                    record of the conduct for which the student was suspended;
            B)      notice of any expulsion under G.S. 115C-391 and the record of the
                    conduct for which the student was expelled; and
            C)      any records (including in-school suspension or short-term
                    suspensions) that need to be maintained in order to be able to serve
                    the student appropriately or to protect the safety of others.

    2.      Expunging Records

Avery County Schools Policy Code: 4345 Page 1 of 2 The superintendent or designee shall expunge any records regarding suspensions for a period of more than 10 days or expulsion if the following criteria are met:

            A)      A request that the record be expunged is made to the
            superintendent or designee by the student’s parent or guardian, or the
            student if the student is at least 16 years old or is emancipated;
            B)      The student either graduates from high school or is not suspended
            or expelled again during the two-year period commencing on the date of
            the student’s return to school after the expulsion or suspension; and
            C)      The superintendent or designee determines that the maintenance of
            the record is no longer needed to adequately serve the child or to maintain
            safe and orderly schools.

            In addition, the superintendent may expunge from a student’s official
            record any notice of suspension or expulsion provided criteria b and c
            above are met.

    This section is not intended to limit parents’ right to request removal of
    information from a student’s record under board policy 4700, Student Records.

Legal Reference: Family Educational Rights and Privacy Act, 20 U.S.C. 1232g(h); 34 C.F.R. 99.31, 99.36; G.S. 115C-47, -276(r), -390.4, -390.7, -390.8, -390.10, -390.11, -390.12 -391-402

Cross Reference: Theft, Trespass and Damage to Property (policy 4330); Assaults, Threats, and Harassment (policy 4331); Weapons, Bomb Threats, Terrorist Threats and Clear Threats to Safety (policy 4333) Long-term Suspension, 365-Day Suspension, Expulsion (policy 4353), Student Records (policy 4700)

Other References: North Carolina Discipline Data Reporting Procedures, N. C. Department of Public Instruction Program Monitoring and Support Division (March 2011)

Adopted: 7/16/01

Revised: 6/21/04; 06/02/08; 09-13-11

Avery County Schools Policy Code: 4345 Page 2 of 2