NC Education Code · Regulation

Title 16 — root / Chapter 06 — 16 NCAC 06D .0105

Plain English summary

This rule governs how local boards of education may use the school day, prohibiting them from entering contracts that limit their discretion over curriculum materials and instructional timing. It also bars contracts that require students to regularly view, listen to, or read commercial advertising, given that students are a captive audience under compulsory attendance laws. Any previously existing contracts that violate this rule are declared void and unenforceable, with the rule applying both retroactively and prospectively.

Key requirements

  • No local board of education may enter into a contract or agreement with any person, corporation, association or organization which limits or impairs its authority and responsibility, or the authority and responsibility of administrators and teachers, to determine the materials to be presented to students during the school day.
  • No local board of education may enter into a contract or agreement with any person, corporation, association or organization which limits or impairs its authority and responsibility, or the authority and responsibility of administrators and teachers, to determine the times during the school day when materials will be presented to students.
  • No local board of education may enter into any contract or agreement with any person, corporation, association or organization pursuant to which students are regularly required to observe, listen to, or read commercial advertising.
  • This Rule does not prohibit local boards of education, teachers or administrators from requiring students from time to time to observe, listen to, or read educational materials that contain commercial advertising.
  • This Rule also shall not prohibit the regular study of advertising as an academic subject.
  • This Rule shall apply both retroactively and prospectively.
  • Any contract or agreement previously made in contravention of this Rule is declared void and unenforceable.

Affected parties

  • Local boards of education
  • School administrators
  • Teachers
  • Students
  • Corporations, associations, or organizations contracting with schools

Official source

http://reports.oah.state.nc.us/ncac/title 16 - education/chapter 06 - elementary and secondary education/subchapter d/16 ncac 06d .0105.pdf