reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 115C - Elementary and Secondary Education › Article 8C - Local Plans For Alternative Schools/Alternative Learning Programs and Maintaining Safe and Orderly Schools. › § 115C-105.55 - Establish Task Force for Safer Schools.

§ 115C-105.55. Establish Task Force for Safer Schools.
(a) Task Force Established. – There is hereby created the Task Force for Safer Schools within the North Carolina Department of Public Instruction.
(b) Membership. – The Task Force shall consist of 25 members. The composition of the Task Force shall include all of the following:
(1) The Secretary of the Department of Public Safety or the Secretary's designee.
(2) The Secretary of the Department of Health and Human Services or the Secretary's designee.
(3) A member of the State Board of Education appointed by the Governor.
(4) Two local school board members appointed by the Chair of the State Board of Education.
(5) A representative from the North Carolina Department of Public Safety, Division of Emergency Management, appointed by the Secretary of the Department of Public Safety.
(6) A representative from the North Carolina Justice Academy appointed by the Attorney General.
(7) A member of the Governor's Crime Commission appointed by the Governor.
(8) Two local law enforcement officers appointed by the Governor.
(9) Two public school administrators appointed by the Chair of the State Board of Education.
(10) A public school teacher appointed by the Chair of the State Board of Education.
(11) A public school psychologist appointed by the Governor.
(12) A public school resource officer appointed by the Governor.
(13) Two high school students currently enrolled at public high schools appointed by the Governor.
(14) A parent of a currently enrolled public school student appointed by the Governor.
(15) A juvenile justice professional appointed by the Governor.
(16) A North Carolina licensed social worker appointed by the Governor.
(17) A North Carolina licensed school counselor appointed by the Governor.
(18) An expert in gang intervention and prevention in schools appointed by the Governor.
(19) Three at-large members appointed by the Governor.
(c) Appointment of Chair and Vice-Chair. – The Governor shall appoint a Chair and Vice-Chair from among the membership of the Task Force. The Chair and Vice-Chair shall serve at the pleasure of the Governor.
(d) Terms; Vacancies. – Effective December 1, 2016, all members shall be appointed for a term of four years. Members may be reappointed to successive terms. Any appointment to fill a vacancy on the Task Force created by the resignation, dismissal, death, disability, or disqualification of a member shall be for the balance of the unexpired term.
(e) Removal. – The Governor shall have the authority to remove any member of the Task Force for misfeasance, malfeasance, or nonfeasance, pursuant to the provisions of G.S. 143B-13.
(f) Per Diem, Etc. – Members of the Task Force may receive necessary per diem, subsistence, and travel allowances in accordance with G.S. 120-3.1, 138-5, or 138-6, as appropriate. (2016-126, 4th Ex. Sess., s. 41.1(b); 2023-78, s. 1.)
2023 North Carolina General Statutes › Chapter 115C - Elementary and Secondary Education › Article 8C - Local Plans For Alternative Schools/Alternative Learning Programs and Maintaining Safe and Orderly Schools. › § 115C-105.56 - Task Force for Safer Schools; powers and duties.

§ 115C-105.56. Task Force for Safer Schools; powers and duties.
The Task Force shall have all of the following duties:
(1) To serve as an advisory board to the Center for Safer Schools.
(2) To provide guidance and recommendations to the Governor, Superintendent of Public Instruction, and the General Assembly to improve statewide policy to enhance statewide and local capacities to create safer schools.
(3) To encourage interagency collaboration among State and local government agencies to achieve effective policies and streamline efforts to create safer schools.
(4) To Assist the Center for Safer Schools in collecting and disseminating information on recommended best practices and community needs related to creating safer schools in North Carolina.
(5) Other duties as assigned by the State Board of Education. (2016-126, 4th Ex. Sess., s. 41.1(b); 2023-78, s. 1.)
2023 North Carolina General Statutes › Chapter 115C - Elementary and Secondary Education › Article 9 - Education of Children With Disabilities. › § 115C-106.1 - State goal.

§ 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. 2.)
2023 North Carolina General Statutes › Chapter 115C - Elementary and Secondary Education › Article 9 - Education of Children With Disabilities. › § 115C-106.2 - Purposes.

§ 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, and independent living; (ii) ensure that the rights of these children and their parents are protected; and (iii) enable the State Board of Education and local educational agencies to provide for the education of all children with disabilities.
(b) In addition to the purposes listed in subsection (a) of this section, the purpose of this Article is to enable the State Board of Education and local educational agencies to implement IDEA in this State. If this Article is silent or conflicts with IDEA, and if IDEA has specific language that is mandatory, then IDEA controls.
(c) Notwithstanding any other section of this Article, the State Board of Education may set standards for the education of children with disabilities that are higher than those required by IDEA. (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. 2; 2007-292, s. 2.)
2023 North Carolina General Statutes › Chapter 115C - Elementary and Secondary Education › Article 9 - Education of Children With Disabilities. › § 115C-107.1 - Free appropriate public education; ages.

§ 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 with a disability who is receiving special education and related services and who has not graduated from high school until the end of the school year in which that child reaches the age of 22.
(3) Children with disabilities who require special education and related services and who are suspended or expelled from school and entitled to continuing education services as provided in IDEA.
(b) A free appropriate public education is not required to be provided to infants and toddlers with disabilities. However, early intervention services shall be made available to these children under G.S. 143B-139.6A.
(c) If funds are made available, the State Board and the Secretary of Health and Human Services may adopt an agreement to allow the continuation of early intervention services for children with a disability who are at least three years old but before they enter kindergarten or are eligible to enter kindergarten. If an agreement is adopted under this subsection, then a free appropriate public education is not required to be provided to any child with a disability who continues to receive early intervention services in accordance with that agreement.
(d) Nothing in this Article requires a free appropriate public education to be made available to any individual aged 18 through 21 who, in the educational placement immediately before that individual's incarceration in an adult correctional facility, was not actually identified as being a child with a disability and did not have an IEP. (1977, c. 927, s. 1; 1981, c. 423, s. 1; 1989 (Reg. Sess., 1990), c. 1003, s. 5; 1997-443, s. 11A.118(a); 1998-202, s. 4(h); 2000-137, s. 4(k); 2006-69, s. 2.)
2023 North Carolina General Statutes › Chapter 115C - Elementary and Secondary Education › Article 9 - Education of Children With Disabilities. › § 115C-107.3 - Child find.

§ 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 be conducted annually and shall be completed by October 15, submitted to the Governor and General Assembly and made available to the public by January 15 annually.
(b) In taking the census, the Board requires the cooperation, participation, and assistance of all local educational agencies. Therefore, each local educational agency shall cooperate and participate with and assist the Board in conducting the census.
(c) The census shall include the number of children identified and suspected with disabilities, their age, the nature of their disability, their county or city of residence, their local school administrative unit residence, whether they are being provided special educational or related services and if so by what local educational agency, the identity of each local educational agency having children with disabilities in its care, custody, management, jurisdiction, control, or programs, the number of children with disabilities being served by each local educational agency, and any other information or data that the Board requires. The census shall be of children with disabilities between the ages three through 21 but is not required to include children with disabilities that have graduated from high school. (1977, c. 927, s. 1; 1981, c. 423, s. 1; 1983, c. 247, ss. 3, 4; 1989, c. 585, s. 3; 1996, 2nd Ex. Sess., c. 18, ss. 18.24(c), (d); 1997-443, s. 11A.118(a); 1998-202, s. 4(g); 2000-137, s. 4(j); 2006-69, s. 2; 2007-292, s. 3.)
2023 North Carolina General Statutes › Chapter 115C - Elementary and Secondary Education › Article 9 - Education of Children With Disabilities. › § 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 the following documents that were submitted, received, or made public during the year:
a. The most recent State performance plan and any amendments to that plan submitted to the Secretary of Education.
b. Compliance and monitoring reports submitted to the Secretary of Education.
c. The annual report submitted to the Secretary of Education on the performance of the State under its performance plan.
d. Any other information required under IDEA to be made available to the public.
(2) An analysis of the educational performance of children with disabilities in the State and a summary of disputes under Part 1D of this Chapter.
(3) Development and implementation of any policies related to improving outcomes for elementary and secondary school students with disabilities, including any changes related to the directives set forth in Section 8.30 of S.L. 2015-241 as follows:
a. Reforms related to IEP requirements.
b. Transition services for students with disabilities from elementary to middle school, middle to high school, and high school to postsecondary education, and for employment opportunities and adult living options.
c. Increased access to Future Ready Core Course of Study for students with disabilities.
d. Model programs for use by local school administrative units to improve graduation rates and school performance of students with disabilities. (1977, c. 927, s. 1; 1981, c. 423, s. 1; 1983, c. 247, ss. 3, 4; 1989, c. 585, s. 3; 1996, 2nd Ex. Sess., c. 18, ss. 18.24(c), (d); 1997-443, s. 11A.118(a); 1998-202, s. 4(g); 2000-137, s. 4(j); 2006-69, s. 2; 2019-165, s. 3.1(a).)
2023 North Carolina General Statutes › Chapter 115C - Elementary and Secondary Education › Article 9 - Education of Children With Disabilities. › § 115C-107.6 - Duties of local educational agencies.

§ 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 with this Article, IDEA, and rules adopted by the State Board.
(b) No child with disabilities shall be prevented from attending the public schools of the local educational agency in which the child resides or from which the child receives services or from attending any other public program of free appropriate public education based solely on the fact that the child has a disability. If it appears the child should receive a program of free appropriate public education in a program operated by or under the supervision of the Department of Health and Human Services or the Division of Juvenile Justice of the Department of Public Safety, the local school administrative unit shall confer with the appropriate Department of Health and Human Services or Division of Juvenile Justice of the Department of Public Safety staff for their participation and determination of the appropriateness of placement in that program and development of the child's individualized education program.
(c) No matriculation or tuition fees or other fees or charges shall be required or asked of children with disabilities or their parents except those fees or charges that are required uniformly of all public school pupils. The provision of a free appropriate public education within the facilities of the Department of Health and Human Services and the Division of Juvenile Justice of the Department of Public Safety may not prevent that Department from charging for other services or treatment.
(d) Each child with a disability shall be educated in accordance with that child's IEP and in the least restrictive environment for that child.
(e) Each local educational agency may use the forms developed under G.S. 115C-107.2(d). (1977, c. 927, s. 1; 1981, c. 423, s. 1; 1983, c. 247, ss. 3, 4; 1989, c. 585, s. 3; 1996, 2nd Ex. Sess., c. 18, ss. 18.24(c), (d); 1997-443, s. 11A.118(a); 1998-202, s. 4(g); 2000-137, s. 4(j); 2006-69, s. 2; 2007-292, s. 4; 2011-145, s. 19.1(l); 2017-186, s. 2(zzzz); 2021-180, s. 19C.9(y).)
2023 North Carolina General Statutes › Chapter 115C - Elementary and Secondary Education › Article 9 - Education of Children With Disabilities. › § 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 regulations of IDEA, a local educational agency shall not assign a student to homebound instruction without a determination by the student's IEP team that the homebound instruction is the least restrictive alternative environment for that student. If it is determined that the homebound instruction is the least restrictive alternative environment for the student, the student's IEP team shall meet to determine the nature of the homebound educational services to be provided to the student. In addition, the continued appropriateness of the homebound instruction shall be evaluated monthly by the designee or designees of the student's IEP team.
(c) A local educational agency shall be deemed to have a "basis of knowledge" that a child is a child with a disability if, prior to the behavior that precipitated the disciplinary action, the behavior and performance of the child clearly and convincingly establishes the need for special education. Prior disciplinary infractions shall not, standing alone, constitute clear and convincing evidence. (2006-69, s. 2; 2007-425, s. 1; 2008-90, ss. 2, 3; 2010-36, s. 1; 2010-159, s. 1; 2012-77, s. 5; 2012-149, s. 11.5; 2012-194, ss. 48, 52.)
2023 North Carolina General Statutes › Chapter 115C - Elementary and Secondary Education › Article 9 - Education of Children With Disabilities. › § 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 into undertakings with a State agency such as the Departments of Public Instruction, Health and Human Services, or Public Safety, or their divisions, agencies, or units, for the purpose of providing for the special education and related services, treatment, or habilitation of these children within the jurisdiction of the agency or unit, and shall do so when it is unable to provide the appropriate public special education or related services for these children. In entering into such undertakings, the local agency and State department, agency, or division shall also contract to provide the special education or related services that are educationally appropriate to the children with disabilities for whose benefit the undertaking is made and provide these services by or in the local agency unit or State department, agency, or division located in the place most convenient to these children. (1977, c. 927, s. 1; 1981, c. 423, s. 1; 1997-443, s. 11A.118(a); 1998-202, s. 4(m); 2000-137, s. 4(p); 2006-69, s. 2; 2017-186, s. 2(bbbbb).)
2023 North Carolina General Statutes › Chapter 115C - Elementary and Secondary Education › Article 9 - Education of Children With Disabilities. › § 115C-109.1 - Handbook for parents.

§ 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; (ii) upon the first occurrence of the filing of a petition under G.S. 115C-109.6 and IDEA; (iii) upon the parent's request; and (iv) upon any revision to the content of the handbook. This handbook for parents shall include a full explanation of the procedural safeguards under this Article and IDEA, be written in the native language of the parent unless it clearly is not feasible to do so, be written in an easily understood manner, and include information required under IDEA to be included.
The State Board shall place a current copy of the handbook for parents on its Internet Web site. (2006-69, s. 2.)
2023 North Carolina General Statutes › Chapter 115C - Elementary and Secondary Education › Article 9 - Education of Children With Disabilities. › § 115C-109.2 - Adult children with disabilities; surrogate parents.

§ 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 the child.
(3) The local educational agency shall notify the child and the child's parent of these transfer rights.
(b) Notwithstanding subsection (a) of this section, for a child with a disability who has reached the age of majority under State law and who has not been determined to be incompetent but is determined to not have the ability to provide informed consent with respect to his or her education program, the State Board shall establish procedures for appointing the parent of the child, or if the parent is not available, another appropriate individual, to represent the educational interests of the child throughout the period of eligibility under this section.
(c) A reasonable effort must be made to appoint a surrogate for a child with a disability within 30 days of a determination that one of the following conditions exists and that the child needs a surrogate:
(1) The parents of that child are not known;
(2) The parents, after reasonable efforts, cannot be located; or
(3) The child is a ward of the State.
(d) A person must be eligible under IDEA to be appointed as a child's surrogate. (1987 (Reg. Sess., 1988), c. 1079, s. 2; 1997-443, s. 11A.118(a); 1998-202, s. 4(j); 2000-137, s. 4(m); 2006-69, s. 2.)
2023 North Carolina General Statutes › Chapter 115C - Elementary and Secondary Education › Article 9 - Education of Children With Disabilities. › § 115C-109.3 - Access to records; opportunity for parents to participate in meetings.

§ 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 the provision of a free appropriate public education to that child.
(b) Local educational agencies may release the records of a child with a disability only as permitted under State or federal law. The parents of a child with a disability may have access to the child's records and may read, inspect, and copy all and any records, data, and information maintained by a local educational agency with respect to that child. Parents, upon their request, are entitled to have those records, data, and information fully explained, interpreted, and analyzed for them by the staff of the agency, unless specifically prohibited by court order. If a request is made under this subsection, the local educational agency shall honor the request within not more than 45 days after it is made or in time for the individual who made the request to prepare for a meeting under subsection (a) of this section, whichever is sooner.
(c) The student and the student's parents may add written explanations or clarifications to the records, data, and information and may request the expunction of incorrect, outdated, misleading, or irrelevant entries. If a local educational agency refuses to expunge incorrect, outdated, misleading, or irrelevant entries after having been asked to do so by the parent, the parent may appeal that decision under G.S. 115C-45(c)(2). (1977, c. 927, s. 1; 1981, c. 423, s. 1; 2006-69, s. 2.)
2023 North Carolina General Statutes › Chapter 115C - Elementary and Secondary Education › Article 9 - Education of Children With Disabilities. › § 115C-109.5 - Prior written notice.

§ 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 disability. The local educational agency shall document that all required notices have been sent to and received by parents.
(b) This prior written notice shall be in the native language of the parents, unless it clearly is not feasible to translate it, and shall contain all of the following information:
(1) A description of the action proposed or refused by the local educational agency.
(2) An explanation of why the local educational agency proposes or refuses to take the action and a description of each evaluation procedure, assessment, record, or report that agency used as a basis for the proposed or refused action.
(3) A statement that the parent of a child with a disability has protection under the procedural safeguards of this Article and IDEA and, if this notice is not the initial referral for evaluation, the means by which a copy of the procedural safeguards can be obtained.
(4) Sources for parents to contact to obtain assistance in understanding this Article and IDEA.
(5) A description of other options considered by the IEP Team and the reason why those options were rejected.
(6) A description of the factors that are relevant to the local educational agency's proposal or refusal.
(7) Any other information required to be included under IDEA. (1973, c. 1293, s. 10; 1975, c. 151, ss. 1, 2; c. 563, ss. 8, 9; 1975, 2nd Sess., c. 983, ss. 79, 80; 1981, c. 423, s. 1; c. 497, ss. 1, 2; 1983, c. 247, s. 6; 1985, c. 412, s. 2; 1987, c. 827, s. 1; 1987 (Reg. Sess., 1988), c. 1079, s. 1; 1989, c. 362; 1989 (Reg. Sess., 1990), c. 1058; 1991, c. 540, s. 1; 1991 (Reg. Sess., 1992), c. 1030, s. 27; 1993, c. 270, s. 1; 1997-115, s. 1; 2006-69, s. 2.)
2023 North Carolina General Statutes › Chapter 115C - Elementary and Secondary Education › Article 9 - Education of Children With Disabilities. › § 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 petition. This meeting shall include a representative of the agency who has decision-making authority on behalf of that agency and may not include an attorney of the local educational agency unless the parent is accompanied by an attorney. If the parent plans to be accompanied by an attorney under this section, the parent must give prior written notice of this fact to the agency. The purposes of the meeting are (i) for the parent to have an opportunity to discuss the petition and the facts that form the basis of the petition and (ii) for the local educational agency to have the opportunity to resolve the dispute.
(b) The parent and the local educational agency jointly may agree in writing to waive the meeting under subsection (a) of this section or to use the mediation process described in G.S. 115C-109.4.
(c) If the local educational agency does not resolve the dispute to the satisfaction of the parents within 30 days of the agency's receipt of the petition, the impartial hearing under G.S. 115C-109.6 may occur and all of the applicable timelines for that hearing shall commence.
(d) If a resolution is reached to resolve the dispute at a meeting under subsection (a) of this section, the parties shall execute a legally binding agreement that is:
(1) Signed by both the parent and a representative of the local educational agency who has the authority to bind the agency;
(2) Enforceable in any State administrative forum provided for in IDEA, any State court of competent jurisdiction, or in a district court of the United States; and
(3) Filed with the person designated by the State Board to receive notices and with the Office of Administrative Hearings.
(e) If the parties execute an agreement under subsection (d) of this section, either party may void the agreement by providing written notice within three business days of the agreement's execution to the person designated by the State Board to receive notices, the Office of Administrative Hearings, and the other party. Notwithstanding subsection (c) of this section, upon receipt of this notice, the impartial hearing under G.S. 115C-109.6 may occur and all of the applicable timelines for that hearing shall commence. (1973, c. 1293, s. 10; 1975, c. 151, ss. 1, 2; c. 563, ss. 8, 9; 1975, 2nd Sess., c. 983, ss. 79, 80; 1981, c. 423, s. 1; c. 497, ss. 1, 2; 1983, c. 247, s. 6; 1985, c. 412, s. 2; 1987, c. 827, s. 1; 1987 (Reg. Sess., 1988), c. 1079, s. 1; 1989, c. 362; 1989 (Reg. Sess., 1990), c. 1058; 1991, c. 540, s. 1; 1991 (Reg. Sess., 1992), c. 1030, s. 27; 1993, c. 270, s. 1; 1997-115, s. 1; 2006-69, s. 2.)
2023 North Carolina General Statutes › Chapter 115C - Elementary and Secondary Education › Article 9 - Education of Children With Disabilities. › § 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 the provision of a free appropriate public education to the parents' child; or (iii) caused a deprivation of educational benefits.
(b) A hearing officer may order a local educational agency to comply with procedural requirements under this Article and IDEA. (2006-69, s. 2.)
2023 North Carolina General Statutes › Chapter 115C - Elementary and Secondary Education › Article 9 - Education of Children With Disabilities. › § 115C-110.1 - Teacher qualifications.

§ 115C-110.1. Teacher qualifications.
The Board shall adopt rules covering the qualifications of and standards for licensure of teachers, teacher assistants, speech-language pathologists, school psychologists, and others involved in the education and training of children with disabilities. (2006-69, s. 2.)
2023 North Carolina General Statutes › Chapter 115C - Elementary and Secondary Education › Article 9 - Education of Children With Disabilities. › § 115C-110.2 - Interpreters/transliterators.

§ 115C-110.2. Interpreters/transliterators.
Each interpreter or transliterator employed by a local educational agency to provide services to hearing-impaired students must annually complete 15 hours of job-related training that has been approved by the local educational agency. (2002-182, s. 6; 2003-56, s. 3; 2006-69, s. 2.)
2023 North Carolina General Statutes › Chapter 115C - Elementary and Secondary Education › Article 9 - Education of Children With Disabilities. › § 115C-111.1 - Out-of-state students; eligibility for State funds.

§ 115C-111.1. Out-of-state students; eligibility for State funds.
Notwithstanding any policy or rule adopted by the State Board of Education, if a local school administrative unit provides services to a student under a current IEP from another state while a determination is being made regarding the student's eligibility for services as a child with disabilities in North Carolina, the local school administrative unit is entitled to receive State funding to serve the student while the determination is being made. If the student is later determined not to qualify for services in North Carolina, the local school administrative unit is not required to repay State funds received while the determination is being made. (1997-117, s. 1; 2006-69, s. 2.)
2023 North Carolina General Statutes › Chapter 115C - Elementary and Secondary Education › Article 9 - Education of Children With Disabilities. › § 115C-111.2 - Contracts with private service providers.

§ 115C-111.2. Contracts with private service providers.
Local educational agencies furnishing special education and related services to children with disabilities may contract with private special education facilities or service providers to furnish any of these services that the public providers are unable to furnish. (1977, c. 927, s. 1; 1981, c. 423, s. 1; 2006-69, s. 2.)
2023 North Carolina General Statutes › Chapter 115C - Elementary and Secondary Education › Article 9 - Education of Children With Disabilities. › § 115C-111.3 - Cost of education of children in group homes, foster homes, etc.

§ 115C-111.3. Cost of education of children in group homes, foster homes, etc.
(a) Notwithstanding any other State law and without regard for the place of domicile of a parent, the cost of a free appropriate public education for a child with disabilities who is placed in or assigned to a group home or foster home, under State and federal law, shall be borne by the local board of education in which the group home or foster home is located. However, the local school administrative unit in which a child is domiciled shall transfer to the local school administrative unit in which the institution is located an amount equal to the actual local cost in excess of State and federal funding required to educate that child in the local school administrative unit for the fiscal year after all State and federal funding has been exhausted.
(b) The State Board of Education shall use State and federal funds appropriated for children with disabilities to establish a reserve fund to reimburse local boards of education for the education costs of children assigned to group homes or other facilities as provided in subsection (a) of this section. Local school administrative units may submit a Special State Reserve Program application for foster home or group home children whose special education and related services costs exceed the per child group home allocation.
(c) The Department shall review the current cost of children with disabilities served in the local school administrative units with group homes or foster homes to determine the actual cost of services. (1981, c. 859, s. 29.7; 2002-164, s. 2; 2003-294, s. 1; 2006-69, s. 2.)
2023 North Carolina General Statutes › Chapter 115C - Elementary and Secondary Education › Article 9 - Education of Children With Disabilities. › § 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 and related services needs of children with disabilities, without regard to which local educational agency has the child in its care, custody, control, or program. (1977, c. 927, s. 1; 1981, c. 423, s. 1; 2006-69, s. 2.)
2023 North Carolina General Statutes › Chapter 115C - Elementary and Secondary Education › Article 9 - Education of Children With Disabilities. › § 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 funds are made available from federal and State appropriations. (1977, c. 927, s. 1; 1981, c. 423, s. 1; 2006-69, s. 2.)
2023 North Carolina General Statutes › Chapter 115C - Elementary and Secondary Education › Article 9 - Education of Children With Disabilities. › § 115C-111.6 - Obligation to provide services for preschool children with disabilities.

§ 115C-111.6. Obligation to provide services for preschool children with disabilities.
State funds appropriated to the public schools to implement preschool services for children with disabilities under this Article and IDEA shall be used to provide special education and related services to preschool children with disabilities. These State funds shall be used to supplement and not supplant existing federal, State, and local funding for the public schools.
Preschool children with disabilities will continue to be served by all other State funds to which they are otherwise entitled. (2006-69, s. 2.)
2023 North Carolina General Statutes › Chapter 115C - Elementary and Secondary Education › Article 9 - Education of Children With Disabilities. › §§ 115C-123 through 115C-126.1: Recodified as §§ 143B-216.40 through 143B-216.44 by Session Laws 1997-18, s. 12.

§§ 115C-123 through 115C-126.1: Recodified as §§ 143B-216.40 through 143B-216.44 by Session Laws 1997-18, s. 12.
2023 North Carolina General Statutes › Chapter 115C - Elementary and Secondary Education › Article 9 - Education of Children With Disabilities. › §§ 115C-127, 115C-128: Recodified as §§ 143B-164.10 and 143B-164.13.

§§ 115C-127, 115C-128: Recodified as §§ 143B-164.10 and 143B-164.13.
2023 North Carolina General Statutes › Chapter 115C - Elementary and Secondary Education › Article 9 - Education of Children With Disabilities. › §§ 115C-130 through 115C-133: Recodified as §§ 143B-164.14 through 143B-164.17.

§§ 115C-130 through 115C-133: Recodified as §§ 143B-164.14 through 143B-164.17.
2023 North Carolina General Statutes › Chapter 115C - Elementary and Secondary Education › Article 9A - Children With Chemical Dependency. › § 115C-149 - PolicyChemically dependent children excluded from provisions of Article 9.

§ 115C-149. Policy. Chemically dependent children excluded from provisions of Article 9.
The General Assembly of North Carolina hereby declares that the policy of the State is to ensure that an appropriate education is provided for drug and alcohol addicted children; however, drug and alcohol addicted children are not "children with disabilities" within the meaning of G.S. 115C-106.3(1) unless because of some other condition they meet that definition. (1989, c. 316, s. 1; 2006-69, s. 3(c).)
2023 North Carolina General Statutes › Chapter 115C - Elementary and Secondary Education › Article 9B - Academically or Intellectually Gifted Students. › § 115C-150.5 - Academically or intellectually gifted students.

§ 115C-150.5. Academically or intellectually gifted students.
The General Assembly believes the public schools should challenge all students to aim for academic excellence and that academically or intellectually gifted students perform or show the potential to perform at substantially high levels of accomplishment when compared with others of their age, experience, or environment. Academically or intellectually gifted students exhibit high performance capability in intellectual areas, specific academic fields, or in both intellectual areas and specific academic fields. Academically or intellectually gifted students require differentiated educational services beyond those ordinarily provided by the regular educational program. Outstanding abilities are present in students from all cultural groups, across all economic strata, and in all areas of human endeavor. (1996, 2nd Ex. Sess., c. 18, s. 18.24(f).)
2023 North Carolina General Statutes › Chapter 115C - Elementary and Secondary Education › Article 9B - Academically or Intellectually Gifted Students. › § 115C-150.6 - State Board of Education responsibilities.

§ 115C-150.6. State Board of Education responsibilities.
In order to implement this Article, the State Board of Education shall:
(1) Develop and disseminate guidelines for developing local plans under G.S. 115C-150.7(a). These guidelines should address identification procedures, differentiated curriculum, integrated services, staff development, program evaluation methods, and any other information the State Board considers necessary or appropriate.
(2) Provide ongoing technical assistance to the local school administrative units in the development, implementation, and evaluation of their local plans under G.S. 115C-150.7. (1996, 2nd Ex. Sess., c. 18, s. 18.24(f).)
2023 North Carolina General Statutes › Chapter 115C - Elementary and Secondary Education › Article 9B - Academically or Intellectually Gifted Students. › § 115C-150.7 - Local plans.

§ 115C-150.7. Local plans.
(a) Each local board of education shall develop a local plan designed to identify and establish a procedure for providing appropriate educational services to each academically or intellectually gifted student. The board shall include parents, the school community, representatives of the community, and others in the development of this plan. The plan may be developed by or in conjunction with other committees.
(b) Each plan shall include the following components:
(1) Screening, identification, and placement procedures that allow for the identification of specific educational needs and for the assignment of academically or intellectually gifted students to appropriate services.
(2) A clear statement of the program to be offered that includes different types of services provided in a variety of settings to meet the diversity of identified academically or intellectually gifted students.
(3) Measurable objectives for the various services that align with core curriculum and a method to evaluate the plan and the services offered. The evaluation shall focus on improved student performance.
(4) Professional development clearly matched to the goals and objectives of the plan, the needs of the staff providing services to academically or intellectually gifted students, the services offered, and the curricular modifications.
(5) A plan to involve the school community, parents, and representatives of the local community in the ongoing implementation of the local plan, monitoring of the local plan, and integration of educational services for academically or intellectually gifted students into the total school program. This should include a public information component.
(6) The name and role description of the person responsible for implementation of the plan.
(7) A procedure to resolve disagreements between parents or guardians and the local school administrative unit when a child is not identified as an academically or intellectually gifted student or concerning the appropriateness of services offered to the academically or intellectually gifted student.
(8) Any other information the local board considers necessary or appropriate to implement this Article or to improve the educational performance of academically or intellectually gifted students.
(c) Upon its approval of the plan developed under this section, the local board shall submit the plan to the State Board of Education for its review and comments. The local board shall consider the comments it receives from the State Board before it implements the plan.
(d) A plan shall remain in effect for no more than three years; however, the local board may amend the plan as often as it considers necessary or appropriate. Any changes to a plan shall be submitted to the State Board of Education for its review and comments. The local board shall consider the State Board's comments before it implements the changes. (1996, 2nd Ex. Sess., c. 18, s. 18.24(f).)
2023 North Carolina General Statutes › Chapter 115C - Elementary and Secondary Education › Article 9B - Academically or Intellectually Gifted Students. › § 115C-150.8 - Review of Disagreements.

§ 115C-150.8. Review of Disagreements.
In the event that the procedure developed under G.S. 115C-150.7(b)(7) fails to resolve a disagreement, the parent or guardian may file a petition for a contested case hearing under Article 3 of Chapter 150B of the General Statutes. The scope of review shall be limited to (i) whether the local school administrative unit improperly failed to identify the child as an academically or intellectually gifted student, or (ii) whether the local plan developed under G.S. 115C-150.7 has been implemented appropriately with regard to the child. Following the hearing, the administrative law judge shall make a decision that contains findings of fact and conclusions of law. Notwithstanding the provisions of Chapter 150B of the General Statutes, the decision of the administrative law judge becomes final, is binding on the parties, and is not subject to further review under Article 4 of Chapter 150B of the General Statutes. (1996, 2nd Ex. Sess., c. 18, s. 18.24(f).)
2023 North Carolina General Statutes › Chapter 115C - Elementary and Secondary Education › Article 9C - (Effective July 1, 2024) Schools for Deaf and Blind Students. › § 115C-150.10 - (Effective July 1, 2024) Definitions.

§ 115C-150.10. (Effective July 1, 2024) Definitions.
The following definitions apply in this Article:
(1) Educational program. – The placement, services, and individualized instruction provided to a student to address the student's educational strengths, weaknesses, and objectives as part of the day program of a school for the deaf or the school for the blind.
(2) IEP. – An individualized education program, as defined in G.S. 115C-106.3.
(3) Parent. – A student's parent or legal guardian.
(4) School. – Any of the following schools:
a. The Governor Morehead School for the Blind, serving students who are blind or visually impaired.
b. The Eastern North Carolina School for the Deaf, serving students who are deaf or hard of hearing.
c. The North Carolina School for the Deaf, serving students who are deaf or hard of hearing.
(5) School director. – The executive officer of a school for the deaf or the school for the blind.
(6) School for the blind. – A school for students who are blind or visually impaired located at the Governor Morehead School for the Blind.
(7) School for the deaf. – A school serving students who are deaf or hard of hearing located at either the Eastern North Carolina School for the Deaf or the North Carolina School for the Deaf.
(8) Schools for the deaf and blind. – All of the following schools:
a. The Governor Morehead School for the Blind, serving students who are blind or visually impaired.
b. The Eastern North Carolina School for the Deaf, serving students who are deaf or hard of hearing.
c. The North Carolina School for the Deaf, serving students who are deaf or hard of hearing. (2023-10, s. 1.)