School Board Hearings in Wilmington

School Expulsion Procedures in North Carolina

N.C.G.S. 115C-390.11 addresses the expulsion procedure for juveniles. The statute says: 

“A local board of education 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.”

Such threats of safety might be committing a crime on or near school grounds, unlawfully brandishing a deadly weapon, bringing illegal drugs onto campus, etc.

Before officially expelling a student, though, the school board must conduct a hearing to determine whether the student's continued presence in school does constitute a clear threat to the safety of other students or school staff, which must be based on clear and convincing evidence.

Additionally, prior to ordering expulsion, the board of education should consider any alternative education services for the student (so long as these alternatives do not present a safety risk to the other members of the school). If this is to occur on school property, the student will likely be under the supervision of school personnel at all times.

Note that during the expulsion process, the student will not be entitled to be present on school property and will not be considered a student of the local board of education. 

If expelled, all students have the right to petition for readmission, under N.C.G.S. 115C-390.12. Also, throughout every step of the hearing, as well as afterwards to appeal a decision or petition for readmission, students have the right to legal representation and counsel.