Bill
HB 872
The bill broadens legal protections for school staff who use reasonable force, creating a presumption of reasonableness and shielding them from civil liability and most licensing a
Status: Passed 1st Reading (introduced Nov. 12, 2024); effective when enacted and applies beginning with the 2025–2026 school year.
Purpose
- To expand and clarify legal protections for public school personnel in North Carolina who use “reasonable force” in schools, and to limit civil, licensing, and employment consequences for such personnel when the use of force complies with the statute.
Key provisions
- Permitted uses of force: Confirms that school personnel may use reasonable force to (among other things) correct students; quell disturbances threatening injury; obtain weapons or dangerous objects; self‑defense; protect persons or property; and maintain order on school property or at school activities.
- Physical restraint vs. reasonable force: Physical restraint remains governed by G.S. 115C‑391.1; the bill separately addresses “reasonable force.”
- Presumption of reasonableness: In investigative, administrative, and adversarial proceedings, a school employee’s use of force under the statute is presumed reasonable. That presumption can be overcome only if a local board, the State Board of Education (or their designee), or a court finds by a preponderance of the evidence that the force was not reasonable.
- Civil liability: Eliminates (or bars) civil liability for officers or employees of the State Board, State Superintendent, or local school governing bodies for using reasonable force in conformity with law, policies, or rules. The claimant bears the burden to prove the force was unreasonable.
- Employment protections:
- Prohibits governing bodies from reprimanding, dismissing, or retaliating against school employees for using reasonable force consistent with the statute.
- Governing bodies may still place employees on leave or remove them from assignments while allegations are investigated.
- Licensing: The State Board of Education may not revoke or refuse to renew a teaching license based on the licensee’s use of reasonable force under this statute.
- Criminal allegations: Use of force that complies with the statute and does not result in conviction or no‑contest plea cannot alone be the basis for reprimand, dismissal, discipline, or license denial/renewal denial. Local bodies, however, may investigate the conduct.
Who is affected
- Primary: public school personnel (teachers, staff, administrators) in North Carolina.
- Secondary: local boards of education, State Board of Education, students, parents, and school legal counsel.
- Courts and administrative adjudicators (standard of proof; presumption shift).
Potential impacts and considerations
- Legal: Strengthens defenses for staff in civil and licensing proceedings; shifts burden to claimants and creates a statutory presumption favoring staff actions that fall within the enumerated uses of force.
- Administrative: Limits some grounds for discipline but preserves investigatory actions and temporary administrative leave.
- Practical/operational: May change how school staff respond to student behavior and how districts draft/update discipline, use‑of‑force, and investigation policies to reflect statutory protections.
- Policy tradeoffs: Supporters argue it protects staff acting to maintain safety; critics may raise concerns about accountability and student safety where force is used.
Effective date
- Becomes effective upon enactment and applies beginning with the 2025–2026 school year.
Compiled from official sources — confirm details with the bill’s official record.
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