§ 115C-111.4 – Nonreduction.
115C-111.4. Nonreduction. Notwithstanding any of the other provisions of this Article, it is the intent of the General Assembly that funds appropriated by it for the operation of programs of special education and related services by local school administrative units not be reduced; rather, that adequate funding be made available to meet the special educational […]
§ 115C-111.5 – Allocation of federal funds.
115C-111.5. Allocation of federal funds. Whenever any federal monies for the special education and related services for children with disabilities are made available, these funds shall be allocated according to a formula designed by the Board consistent with federal laws and regulations. This formula shall ensure equitable distribution of resources and shall be implemented as […]
§ 115C-109.6 – Impartial due process hearings.
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.
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.
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 […]
§ 115C-107.5 – Annual reports.
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[Effective until January 1, 2023]
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.
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[Effective until January 1, 2023]
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.
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 […]