10A N.C. Admin. Code 09 .3102 - DEFINITIONS
The terms and phrases used in this Section are defined as follows:
(1) "Public schools" means:
(a) any building that is approved for school
occupancy and that houses school-age children as part of the public school
system during the school year; or
(b) a remote learning facility.
(2) "Remote learning facility"
means any building that is used by a public school system, pursuant to a
contractual arrangement, to house school-age children enrolled in that public
school system during the school year for the purpose of facilitating online or
remote learning programs, and that follows any and all guidance or
considerations offered by the Centers for Disease Control and Prevention
related to mitigation strategies, the protection of students, teachers, and
staff, or slowing the spread of COVID-19 in K-12 schools. The guidance and
considerations are hereby incorporated by reference, including subsequent
amendments and editions, and may be accessed at
https://www.cdc.gov/coronavirus/2019-ncov/community/schools-childcare/schools.html
at no cost.
(3) "Contractual
arrangement" means a written agreement wherein the public school unit, as
defined in
G.S.
115C-5(7a), agrees as
follows:
(a) to be responsible for the
enrollment and attendance of school-age children at a remote learning facility;
and
(b) that it shall be liable for
any incidents or occurrences at the remote learning facility in the same way it
would be liable if the school-age child(ren) were in a building that is
approved for school occupancy and that houses any part of the public school
system. This provision shall not prohibit the public school unit from obtaining
liability insurance or from contracting with the remote learning facility
regarding indemnification or other terms regarding the apportionment of
liability between themselves for incidents or occurrences.
Notes
Emergency Adoption Eff. August 13, 2020;
Temporary Adoption Eff. October 23, 2020;
Eff. October 1, 2021.
Emergency Adoption Eff. August 13, 2020;
Temporary Adoption Eff. October 23, 2020;
Adopted by North Carolina Register Volume 36, Issue 09, November 1, 2021 effective
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