115C-106.1. State goal. The goal of the State is to provide full educational opportunity to all children with disabilities who reside in the State. (1973, c. 1293, ss. 2-4; 1975, c. 563, ss. 1-5; 1977, c. 927, ss. 1, 2; 1979, 2nd Sess., c. 1295; 1981, c. 423, s. 1; 1997-443, s. 11A.47; 2006-69, s. […]
115C-106.2. Purposes. (a) The purposes of this Article are to (i) ensure that all children with disabilities ages three through 21 who reside in this State have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepares them for further education, employment, […]
115C-106.3. Definitions. [Effective until January 1, 2023] The following definitions apply in this Article: (1) Child with a disability. – A child with at least one disability who because of that disability requires special education and related services. (2) Disability. – Includes intellectual disability; hearing impairment, including deafness; speech or language impairment; visual impairment, including […]
115C-107.1. Free appropriate public education; ages. (a) A free appropriate public education shall be made available to the following: (1) All children with disabilities who reside in the State, who are the ages of three through 21, who have not graduated from high school, and who require special education and related services. (2) Any child […]
115C-107.2. Duties of State Board of Education. (a) The State Board of Education shall adopt rules to ensure that: (1) The requirements of this Article and IDEA are met. (2) All educational programs under the supervision of any local educational agency for children with disabilities meet all of the following requirements: a. The programs are […]
115C-107.3. Child find. (a) The Board shall require an annual census of all children with disabilities residing in the State, subdivided for "identified" and "suspected" children with disabilities, to be taken in each school year. Suspected children are those in the formal process of being evaluated or identified as children with disabilities. The census shall […]
115C-107.4. Monitoring and enforcement. (a) The State Board shall monitor all local educational agencies to determine compliance with this Article and IDEA. The State Board also shall monitor the effectiveness of IEPs in meeting the educational needs of children with disabilities. (b) The State Board shall implement an effective and efficient system of incentives and […]
115C-107.5. Annual reports. The State Board shall report no later than October 15 of each year to the Joint Legislative Education Oversight Committee on the implementation of this Article and the educational performance of children with disabilities. The report may be filed electronically. Each annual report shall include the following information: (1) A copy of […]
115C-107.6. Duties of local educational agencies. (a) Each local educational agency, in providing for the education of children with disabilities within its jurisdiction, must comply with IDEA and the rules adopted by the State Board under this Article. In addition, each local educational agency shall have in effect policies, procedures, and programs that are consistent […]
115C-107.7. Discipline, corporal punishment, and homebound instruction. (a) The policies and procedures for the discipline of students with disabilities shall be consistent with federal laws and regulations. (a1) Any corporal punishment administered on students with disabilities shall be consistent with the requirements of G.S. 115C-390.4. (b) If a change of placement occurs under the discipline […]
115C-108.1. State Board lead agency. (a) The Board shall cause all local educational agencies to provide special education and related services to children with disabilities in their care, custody, management, jurisdiction, control, or programs. (b) The jurisdiction of the Board with respect to the design and content of special education programs or related services for […]
115C-108.2. Interlocal cooperation. The Board, any two or more local educational agencies, and any other agency and any State department, agency, or division having responsibility for the education, treatment, or habilitation of children with disabilities may enter into interlocal cooperative undertakings under Part 1 of Article 20 of Chapter 160A of the General Statutes or […]
115C-109.1. Handbook for parents. The State Board of Education shall make available to parents a handbook of procedural safeguards. This handbook for parents shall be made available at least once each school year, except that a copy also shall be given to the parent (i) upon the initial referral or parental request for an evaluation; […]
115C-109.2. Adult children with disabilities; surrogate parents. (a) When a child with a disability reaches the age of 18, all of the following apply: (1) Notices required under this Article shall be provided to both the child and the child’s parent. (2) All other rights accorded to parents under this Article and IDEA transfer to […]
115C-109.3. Access to records; opportunity for parents to participate in meetings. (a) Each local educational agency shall provide an opportunity for the parents of a child with a disability to examine all records relating to that child and to participate in meetings with respect to the identification, evaluation, and educational placement of the child, and […]
115C-109.4. Mediation. (a) It is the policy of this State to encourage local educational agencies and parents to seek mediation involving any dispute under this Article, including matters arising before or after filing a petition under G.S. 115C-109.6. (b) Mediation under this section must meet the following requirements: (1) The mediation must be voluntary on […]
115C-109.5. Prior written notice. (a) The local educational agency shall provide prompt written notice to parents whenever that agency proposes to initiate or change, or refuses to initiate or change (i) the identification, evaluation, or educational placement of a child, or (ii) the provision of a free appropriate public education to a child with a […]
115C-109.6. Impartial due process hearings. (a) Any party may file with the Office of Administrative Hearings a petition to request an impartial hearing with respect to any matter relating to the identification, evaluation, or educational placement of a child, or the provision of a free appropriate public education of a child, or a manifestation determination. […]
115C-109.7. Resolution session. (a) Within 15 days of receiving notice of the parent’s petition filed under G.S. 115C-109.6 and before the opportunity for an impartial hearing, the local educational agency shall convene a meeting with the parent and the relevant members of the IEP Team who have specific knowledge of the facts identified in the […]
115C-109.8. Procedural issues. (a) In matters alleging a procedural violation, the hearing officer may find that a child did not receive a free appropriate public education only if the procedural inadequacies (i) impeded the child’s right to a free appropriate public education; (ii) significantly impeded the parents’ opportunity to participate in the decision-making process regarding […]
