reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter G - EDUCATION AGENCY RELATIONS › Section .0500 - CHARTER SCHOOLS › Section 06G .0512 - FAST TRACK REPLICATION OF HIGH QUALITY CHARTER SCHOOLS - PURPOSE AND DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The State Board of Education (SBE) may
				  grant permission for a non-profit corporation board of directors (board) to
				  replicate either its own successful model, or to employ an educational
				  management company (EMO) or a charter management organization (CMO) as defined
				  Rule .0523 of this Section to replicate a successful model currently being
				  operated under the management of the EMO or CMO. The SBE may also grant
				  permission for a non-profit corporation board to "fast-track" such a
				  replication by foregoing the planning year normally required for approved
				  charter applicants. Rules .0512 through .0515 of this Section outline the
				  criteria and process by which the SBE may authorize fast-track
				  replication.
(b) Nothing in these
				  Rules shall be construed to prohibit a North Carolina non-profit corporation
				  board from applying to replicate another charter school through the regular
				  application process in Rule .0508 of this Section and, upon approval, receive
				  the planning year trainings from NCDPI.
(c) Definitions for terms used in Rules .0512
				  through .0515 of this Section.
(1) "Charter
				  school model" or "model" mean the mission as defined in the charter application
				  and function of a charter school, including its governance, its curriculum, its
				  organizational structure, its targeted population, and other key
				  characteristics of the school, such as small class size, thematic academics,
				  and extended day.
(2) "Successful
				  model" means a charter school model that meets the eligibility requirements in
				  Rule .0513 of this Section.
(3)
				  "Replication" means the act of copying, recreating, or repeating, a successful
				  charter school model. A "replication" requires the utilization of one charter
				  school "model" to form the creation of a new charter school.
(4) "Fast-Track Replication" is a special
				  form of replication in which the approved applicant foregoes the planning year
				  required of new charter school applicants.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter G - EDUCATION AGENCY RELATIONS › Section .0500 - CHARTER SCHOOLS › Section 06G .0513 - FAST TRACK REPLICATION OF HIGH QUALITY CHARTER SCHOOLS - ELIGIBILITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A non-profit corporation board that
				  operates a charter school in North Carolina is eligible to apply to fast-track
				  replicate its existing model only if the non-profit corporation board's current
				  school or schools demonstrate a consistent track record of academic, financial,
				  and operational success. If the board operates more than one school, each
				  school shall meet this standard. To meet this standard, the non-profit
				  corporation board shall meet each of the following conditions at all times
				  while its application is pending:
(1) Each
				  school operated by the non-profit corporation shall:
(A) have academic outcomes comparable to or
				  better than those of the students enrolled in the LEAs in which the charter
				  schools are located; or
(B) meet or
				  exceed growth for the three years preceding the application at issue, by
				  measures contemplated by
				  G.S.
				  115C-83.15;
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter G - EDUCATION AGENCY RELATIONS › Section .0500 - CHARTER SCHOOLS › Section 06G .0514 - FAST TRACK REPLICATION OF HIGH QUALITY CHARTER SCHOOLS - GENERAL REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In addition to the specific requirements
				  set forth in Rules .0512 and .0513 of this Section, the State Board of
				  Education ("SBE") may impose additional requirements in the review,
				  application, and approval process as allowed by
				  G.S.
				  115C-218(c) to assure that a
				  "fast-tracked" charter school has at least the same probability of success as a
				  charter that completes the planning process in Rule .0509 of this
				  Section.
(b) In addition to
				  considering evidence of student growth, proficiency, and financial audits in
				  the applicant's other schools, the SBE may consider any other relevant factors
				  in determining whether to grant a fast-track replication request, including the
				  following:
(1) the needs of the particular
				  geographical area proposed to be served by the replicated model;
(2) the ability of the non-profit corporation
				  board to manage additional schools;
(3) the abilities and strengths of the
				  non-profit corporation board that seeks to employ the EMO or CMO; and
(4) the community support for the replicated
				  model.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter G - EDUCATION AGENCY RELATIONS › Section .0500 - CHARTER SCHOOLS › Section 06G .0515 - FAST TRACK REPLICATION OF HIGH QUALITY CHARTER SCHOOLS - ACCOUNTABILITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A "network" means one or more charter
				  schools operated by a single non-profit corporation board or a single EMO or
				  CMO."
(b) Each school within a
				  network of schools operated by a single non-profit corporation board or a
				  single EMO or CMO is a separate and distinct charter school and shall be
				  assessed based upon its own separate academic, financial, and operational
				  performance.
(c) The strengths or
				  weaknesses of other schools are not factors in determining whether the State
				  Board of Education ("SBE") shall take action against an individual school;
				  however, the strengths and weaknesses of all schools in a network may influence
				  the SBE's decision regarding whether or not to allow fast track replication of
				  a school in that network.
(d)
				  Replicated charter schools shall be subject to the same requirements as other
				  charter schools.
Authority
					 G.S.
					 115C-12;
					 115C-218.3;
Emergency Adoption Eff. August 20, 2019;
Eff. March 17,
					 2021.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter G - EDUCATION AGENCY RELATIONS › Section .0500 - CHARTER SCHOOLS › Section 06G .0516 - VIRTUAL CHARTER SCHOOLS ATTENDANCE AND MEMBERSHIP - APPLICABILITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A pilot virtual charter school
				  established pursuant to S.L. 2014-100 and approved by the State Board of
				  Education (SBE) through the charter application process is not required to
				  record and report daily attendance to the Department of Public
				  Instruction.
(b) A pilot virtual
				  charter school established pursuant to S.L. 2014-100 as amended by S.L.
				  2016-94, s. 8.13(a), S.L. 2018-5, s. 7.13, and
				  G.S.
				  115C-218 et. seq. and approved by the State
				  Board of Education (SBE) through the charter application process is required to
				  keep records of student activity by course and shall report that information to
				  the Department of Public Instruction within 15 days of the end of each school
				  month. The virtual charter school's measurements of student activity shall be
				  defined by the school in a manner consistent with its SBE-approved
				  charter.
(c) A virtual charter
				  school shall define a full instructional course load for each grade level it
				  offers. A student shall be enrolled for at least half of the instructional
				  course load to be considered in membership at the virtual charter
				  school.
(d) A student shall not be
				  counted in the virtual charter school's average daily membership until the
				  school has evidence of student activity in each of his or her
				  courses.
(e) When a student who has
				  no evidence of student activity for 10 consecutive calendar days, excluding
				  holidays, the virtual charter school shall remove the student from the school's
				  enrollment and take the actions required in
				  G.S.
				  115C-378(e). Upon a
				  determination that the student is not returning to the school, the virtual
				  charter school shall withdraw the student's enrollment and take any actions
				  required in
				  G.S.
				  115C-378(f). The effective
				  date of withdrawal reported to the Department of Public Instruction shall be
				  the first day after the last day for which there is evidence of student
				  activity.
(f) Virtual schools shall
				  use the statewide student information management system to record and report
				  school and student data.
Authority
					 G.S.
					 115C-12(18);
					 115C-218;
					 115C-218.30; S.L. 2014-101, s.
					 8.35; S.L. 2016-94, s. 8.13(a); S.L. 2018-5, s. 7.13;
Emergency
					 Adoption Eff. August 20, 2019;
Eff. October 1,
					 2020.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter G - EDUCATION AGENCY RELATIONS › Section .0500 - CHARTER SCHOOLS › Section 06G .0517 - EXPIRED - ALTERNATIVE CHARTER SCHOOL - PURPOSE AND APPLICABILITY

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 115C-12(24);
					 115C-218(a)(2);
					 N.C. Constitution, Article IX, Sec. 5;
Interim Rule status
					 conferred Eff. June 27, 2018, pursuant to S.L. 2018-114, sec.
					 27.(b);
Emergency Adoption Eff. August 20, 2019;
Emergency Adoption Expired Eff. November 19,
					 2020.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter G - EDUCATION AGENCY RELATIONS › Section .0500 - CHARTER SCHOOLS › Section 06G .0518 - ALTERNATIVE CHARTER SCHOOL - ELIGIBILITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  following definitions apply for purposes of rules in this Chapter:
(1) "Student at risk" means a child enrolled
				  in a public school who, due to circumstances such as an unstable home life,
				  poor socio-economic background, and other factors, either enter or continue in
				  school from a disadvantaged standpoint, at least in relation to other students
				  who are not burdened with such circumstances. Hoke County Board of Education v.
				  State, 358 N.C. 605 at 632 n.13, 599 S.E.2d 365 at 387 n.13 (2004).
(2) "Dropout" means any student who leaves
				  school for any reason before graduation or completion of a program of studies
				  without transferring to another elementary or secondary school.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter G - EDUCATION AGENCY RELATIONS › Section .0500 - CHARTER SCHOOLS › Section 06G .0519 - ALTERNATIVE CHARTER SCHOOL - APPLICATION

Current through Register Vol. 39, No. 2, July 15, 2024
A charter school that meets the eligibility criteria set
					 forth in 16 NCAC 06G .0518 and seeks to be
					 designated as an "alternative school" shall submit an application to the Office
					 of Charter Schools that includes the following:
(1) The school's mission as it relates to the
				  request for designation as an "alternative school";
(2) A designation of which alternative
				  accountability option, as defined
				  16 NCAC
				  06G .0314, that it is requesting, which
				  option cannot be changed except at the time of renewal;
(3) The criteria the school plans to use that
				  will meet the eligibility requirements, including the documentation the school
				  will use to support its admissions process;
(4) An admission plan for recruiting at-risk
				  students as described in the application;
(5) An explanation of how the school intends
				  to serve its student population; and
(6) The goals the school is setting for
				  academic achievement for its student population.
Authority
					 G.S.
					 115C-12(24);
					 115C-218(a)(2);
Emergency Adoption Eff. August 20, 2019;
Eff. March 17,
					 2021.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter G - EDUCATION AGENCY RELATIONS › Section .0500 - CHARTER SCHOOLS › Section 06G .0520 - ALTERNATIVE CHARTER SCHOOL - APPLICATION APPROVAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Charter School Advisory Board
				  ("CSAB") shall establish a timeline, available on the Office of Charter
				  School's webpage, for the submission of applications for alternative charter
				  schools and for the review and approval of applications.
(b) The CSAB shall develop an application
				  template, available on the Office of Charter School's website, to be used for
				  applicants for alternative charter school designation.
(c) The Office of Charter Schools ("OCS")
				  will first review the alternative charter school application for completeness,
				  give the applicant five days to provide missing information, and will then
				  submit all complete applications to the CSAB for its review.
(d) The CSAB shall review complete
				  applications and make recommendations to the State Board of
				  Education.
(e) The State Board of
				  Education's approval of alternative charter school designation is valid for
				  three years from the effective date of the approval, which effective date will
				  be set forth in the approval document.
Authority
					 G.S.
					 115C-12(24);
					 115C-218(a)(2);
					 115C-218.2;
Emergency Adoption Eff. August 20, 2019;
Eff. March 17,
					 2021.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter G - EDUCATION AGENCY RELATIONS › Section .0500 - CHARTER SCHOOLS › Section 06G .0521 - ALTERNATIVE CHARTER SCHOOL - REVIEW AND RENEWAL OF DESIGNATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Charter School Advisory Board
				  ("CSAB") shall review each alternative charter school every three years to
				  determine if the school shall continue with its alternative charter school
				  designation. In its review the CSAB shall utilize the criteria set forth in
				  Rule .0519 of this Section. The CSAB shall also evaluate the school's academic
				  progress and compare the goals the school set in its application in Rule
				  .0519(6) of this Section for academic achievement for its student population to
				  its students' actual academic achievements.
(b) If the review shows that the school
				  continues to meet eligibility criteria in Rule .0518 of this Section, is
				  achieving its academic goals, and is in compliance with Chapter 115C, Article
				  14A of the General Statutes and the rules in this Section, the CSAB shall
				  recommend the school to the State Board of Education for final approval for
				  another three-year designation.
Authority
					 G.S.
					 115C-12(24);
					 115C-218(a)(2);
Emergency Adoption Eff. August 20, 2019;
Eff. March 17,
					 2021.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter G - EDUCATION AGENCY RELATIONS › Section .0500 - CHARTER SCHOOLS › Section 06G .0522 - ALTERNATIVE CHARTER SCHOOL - TERMINATION OF DESIGNATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If at any time it appears the school is
				  not meeting the criteria for designation as an alternative charter school under
				  Rule .0518 of this Section, or is otherwise not in compliance with State or
				  federal laws the Charter School Advisory Board ("CSAB") may:
(1) direct the Office of Charter Schools or
				  the Department of Public Instruction to investigate the school; or
(2) direct the school to appear before the
				  CSAB and respond to questions.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter G - EDUCATION AGENCY RELATIONS › Section .0500 - CHARTER SCHOOLS › Section 06G .0523 - APPROVAL AND DISCLOSURE OF MANAGEMENT ORGANIZATIONS AND SUPPORT ORGANIZATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When used in this Section, "Management
				  Organization" means an entity that meets one of the following definitions:
(1) A "Charter Management Organization" (CMO)
				  is a non-profit organization that operates or manages one or multiple charter
				  schools by centralizing support and operations.
(2) An "Education Management Organization"
				  (EMO) is a for-profit organization that contracts with new or existing
				  public-school districts, charter school districts, and charter schools to
				  operate and manage one or multiple charter schools by centralizing support and
				  operations.
(3) A "Charter Support
				  Organization" (CSO) is a for-profit or non-profit, nongovernmental entity that
				  provides:
(A) assistance to developers during
				  the application, planning, program design, and initial implementation of a
				  charter school, or
(B) technical
				  assistance to operating charter schools, including specific and limited
				  services such as professional development, non-profit board development,
				  payroll, and curriculum development.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter G - EDUCATION AGENCY RELATIONS › Section .0500 - CHARTER SCHOOLS › Section 06G .0524 - CHARTER SCHOOLS PROCESS FOR ASSUMPTION OF INADEQUATELY PERFORMING CHARTER SCHOOLS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In determining whether a different
				  non-profit entity may assume a charter of an existing charter school the SBE
				  shall comply with the provisions of S.L. 2014-101, s. 6 and consider all
				  factors, including:
(1) Factors relevant to
				  the existing charter school whose charter may be eligible for assumption
				  include:
(A) academic performance;
(B) financial status of the existing school,
				  including outstanding debts;
(C)
				  compliance with all applicable laws and rules;
(D) status of the school facility;
(E) feedback from the school community,
				  including the parents, staff and students; and
(F) any other relevant factor.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter G - EDUCATION AGENCY RELATIONS › Section .0600 - REMOTE ACADEMIES › Section 06G .0601 - REMOTE ACADEMIES HARDWARE AND SOFTWARE FEES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Definitions:
(1) "Damage fee" means "any
				  mandatory payment that a local school administrative unit charges a student
				  enrolled in a remote academy for injury to, abuse of, or loss of hardware or
				  software that the local school administrative unit has provided to the student
				  other than degradation arising from normal use, wear and tear, provided the
				  payments cannot exceed the actual cost of repair or fair market value of the
				  hardware or software, whichever is less."
(2) "Rental fee" means "any mandatory payment
				  that a local school administrative unit requires students enrolled in remote
				  academies to make before the local school administrative unit will give a
				  student access to or possession of any hardware and software needed to
				  participate in the remote academy."
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter G - EDUCATION AGENCY RELATIONS › Section .0700 - PUBLIC SCHOOL UNIT OVERSIGHT › Section 06G .0701 - PARENTAL CONCERN HEARINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For the
				  purposes of this Rule, the following definitions shall apply:
(1) "Child" is defined in
				  G.S.
				  115C-76.1(2).
(2) "Hearing officer" means an individual who
				  meets the requirements in
				  G.S.
				  115C-76.60(b)(1)a.
(3) "Parent" is defined in
				  G.S.
				  115C-76.1(5).
(4) "Practice" means a regular method,
				  process, or course of conduct, whether or not established in the written
				  policies of a PSU, by which the PSU provides the notices or information to
				  parents as required by Chapter 115C, Article 7B, Part 4 of the General
				  Statutes. "Practice" does not include isolated incidents or isolated conduct by
				  individual PSU personnel, including those inconsistent with the established
				  procedures of the PSU.
(5)
				  "Principal" is defined in
				  G.S.
				  115C-76.1(6).
(6) "Procedure" means a regular method or
				  process, as established in the written policies of a PSU, by which the PSU
				  provides the notices or information to parents as required by
				  G.S.
				  115C-76.45, or age-appropriate instruction on
				  certain topics as described in
				  G.S.
				  115C-76.55. "Procedure" does not include
				  isolated incidents or isolated conduct by individual PSU personnel, including
				  those inconsistent with the established procedures of the PSU.
(7) "Public school unit" or "PSU" is defined
				  in G.S.
				  115C-5(7a).
(8) "Superintendent" is defined in
				  G.S.
				  115C-76.1(8).
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter H - FEDERAL PROGRAMS › Section 06H .0101 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
As used in this Subchapter:
(1) "Free appropriate public education"
				(FAPE) is defined by 34 CFR
				300.13.
(2) "Individualized education program" (IEP)
				is defined by 34 CFR
				300.340.
(3) "Least restrictive environment" (LRE) is
				defined by 34 CFR
				300.550-
				300.556.
(4) "Parent" is defined by
				34 CFR
				300.20.
(5) "Willie M." class members are children
				under age 18 who now or will in the future suffer from serious emotional,
				mental or neurological handicaps, which handicaps have been accompanied by
				behavior which is characterized as violent or assaultive; and who are or will
				be in the future involuntarily placed in institutions or otherwise placed in
				residential programs; and who have not been provided appropriate treatment and
				education programs by the state.
Authority
				  G.S.
				  115C-141;
Eff. July 1,
				  1986;
Amended Eff. December 1, 1999; June 1,
				  1996.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter H - FEDERAL PROGRAMS › Section 06H .0102 - OPERATION OF FEDERAL PROGRAMS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				Department administers in accordance with applicable federal regulations such
				federal education programs as are authorized by Congress and accepted by the
				SBE.
(b) In administering child
				nutrition programs, the Department will reclaim and/or withhold funds from any
				LEA or program sponsor which fails to comply with current federal regulations
				and state policies until the LEA or program sponsor complies.
Authority
				  G.S.
				  115C-263;
				  115C-264;
				  115C-409;
Eff. July
				  1, 1986.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter H - FEDERAL PROGRAMS › Section 06H .0103 - COMPLAINT PROCEDURES FOR FEDERAL PROGRAMS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				department shall receive, review and resolve complaints for which no other
				procedures or remedies are available. These complaints must involve the
				allegation that LEAs, another subgrantee or the department has violated a
				federal statute, regulation or interpretive rule. This Rule shall affect those
				federal education programs listed in 34 CFR Part 76.
(b) Any person(s) who believes that grounds
				exist for filing a complaint under Paragraph (a) of this Rule may file a
				written complaint with the department. The complaint must:
(1) be signed by the person(s) making
				it;
(2) show who has violated a
				specific federal requirement;
(3)
				tell how the requirement has been violated;
(4) state the facts upon which the complaint
				is based; and
(5) tell what relief
				the person is seeking.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter H - FEDERAL PROGRAMS › Section 06H .0104 - CHILD NUTRITION PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				National School Lunch Program policies and standards are as follows:
(1) A la carte sales are limited to foods
				contributing to the nutritional well-being of the child and aiding in the
				establishment of good food habits. School food authorities and sponsoring
				organizations may provide these foods under the following conditions:
(A) Sponsors must operate all food and
				beverage services during or before the established lunch period through the
				school food service department.
(B)
				The school food service department retains all receipts from the sale of these
				items.
(C) Sponsors must use all
				food service income for the purpose of the school's non-profit child nutrition
				programs.
(D) A la carte items may
				not include foods of minimum nutritional value, as follows:
(i) soda water (soda pop),
(ii) water ices,
(iii) chewing gum,
(iv) processed foods made predominately from
				sweeteners or artificial sweeteners with a variety of minor ingredients. These
				foods include hard candy, jellies and gums, marshmallow candies, fondant,
				licorice, spun candy, and candy-coated popcorn; and
(v) confections and carbonated
				drinks.
(E) Adults may
				purchase individual food items without purchasing a complete lunch.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter H - FEDERAL PROGRAMS › Section 06H .0105 - ADMINISTRATION OF SPECIAL EDUCATION PROGRAMS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Implementation of the provisions of this Section which relate to providing
				special education and related services is the responsibility of the LEA. All
				agencies not associated with local school administrative units, the Department
				of Health and Human Services or the Department of Correction must also meet the
				standards described in this Section if they provide educational services to
				children with special needs. LEAs shall ensure that an agency meets these
				standards before they contract for services from such programs.
(b) When a newly identified child with
				special needs has been diagnosed or evaluated by personnel under the Department
				of Health and Human Services, appropriate personnel from that department shall
				contact the LEA of the child's residence and inform that LEA in writing of the
				evaluation and results.
(c) LEAs,
				including all local school administrative units and the Departments of Health
				and Human Services and Correction, shall work together to plan and implement
				programs and services for children with special needs.
Authority
				  G.S.
				  115C-141;
Eff. July 1,
				  1986;
Amended Eff. December 1,
				  1999.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter H - FEDERAL PROGRAMS › Section 06H .0106 - NON-INSTRUCTIONAL SPECIAL EDUCATION SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Transportation.
(1) LEAs shall provide or pay
				for the costs of transportation for children with disabilities enrolled in the
				schools or programs in their local school systemsand shall also provide or pay
				for the costs of transportation to any private residential or nonresidential
				program if the student has been placed in or assigned to that private program
				by the LEA. Transportation funds for this purpose may be provided through local
				boards of education annual budget transportation allotments that are
				administered by the School Support Division of the Department. These funds
				shall be incorporated in the general transportation plan of each local board.
				For preschool children with disabilities, payment of these transportation costs
				must be made from either federal or state preschool program funds.
(2) If a child with disabilities is assigned
				to or enrolled in any residential or nonresidential program operated by or
				under the jurisdiction of the Departments of Health and Human Services or
				Correction, the department operating the program or having the program under
				its jurisdiction or control shall provide or pay the costs of transportation.
				This shall be applicable for programs for school age students with disabilities
				as well as programs for preschool children with disabilities. The only
				exception shall be when a child is enrolled in a LEA and is counted for funding
				purposes by the LEA, but attends a class or classes at a Department of Health
				and Human Services program. In this case, the LEA shall provide the
				transportation to the Department of Health and Human Services program and
				return to the LEA or home.
(3) The
				costs of transportation for a child with disabilities placed in or assigned to
				a school or program outside the state shall be paid by the LEA placing or
				assigning the child.
(4)
				Reimbursement for transportation costs paid for any one child may not exceed
				the Department of Transportation allowance per mile unless it is demonstrated
				by the child or his/her parents that this limitation will work a hardship or is
				unreasonable. The LEA and the appropriate state agency shall approve this
				justification.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter H - FEDERAL PROGRAMS › Section 06H .0107 - SPECIAL EDUCATION ASSESSMENT AND PLACEMENT PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Identification, screening, evaluation and
				placement.
(1) LEAs shall be responsible for
				insuring that all children with special needs within their jurisdiction are
				identified, located and evaluated, including children in private agencies
				within their jurisdiction ages birth through 21.
(2) LEAs and private schools receiving
				placements pursuant to
				G.S.
				115C-115 shall implement procedures for
				identification, screening, evaluation and placement of children with special
				needs. The governing body of each LEA and private school receiving placements
				pursuant to
				G.S.
				115C-115 shall adopt these procedures and
				include the procedures described in this Rule.
(3) LEAs may vary these procedures when
				sufficient evidence exists to indicate that children can be identified and
				placed properly within the intent of the procedures.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter H - FEDERAL PROGRAMS › Section 06H .0108 - SURROGATE PARENTS FOR CHILDREN WITH DISABILITIES

Current through Register Vol. 39, No. 2, July 15, 2024
LEAs shall appoint surrogate parents for children with
				  disabilities as provided in 34 C.F.R.
				  300.515.
Authority
				  G.S.
				  115C-141;
Eff. July 1,
				  1986;
Amended Eff. December 1, 1999; June 1,
				  1996.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter H - FEDERAL PROGRAMS › Section 06H .0109 - CONFIDENTIALITY: ACCESS TO RECORDS IN SPECIAL EDUCATION

Current through Register Vol. 39, No. 2, July 15, 2024
All matters pertaining to the confidentiality of and access
				  to education records are subject to the provisions of
				  34 CFR
				  300.560 through
				  300.577 and
				  34 CFR Part 99.
Authority
				  G.S.
				  115C-141;
Eff. July 1,
				  1986;
Amended Eff. December 1,
				  1999.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter H - FEDERAL PROGRAMS › Section 06H .0110 - SPECIAL EDUCATION DUE PROCESS PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				due process procedures set forth in
				34 CFR
				300.500 through
				300.517 are adopted herein by
				reference thereto.
(b) Only review
				officers who meet the requirements of
				G.S.
				115C-116(i) may review
				hearings.
Authority
				  G.S.
				  115C-141;
Eff. July 1,
				  1986;
Amended Eff. December 1, 1999; May 1,
				  1991.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter H - FEDERAL PROGRAMS › Section 06H .0111 - EXPIRED - QUALIFIED ZONE ACADEMY BONDS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  115C-489.6;
				  150B-21.1(a7)(2);
Temporary Adoption Eff. January 1, 2001;
Eff. July 18,
				  2002;
Expired Eff. June 1, 2022 pursuant to
				  G.S.
				  150B-21.3A.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter H - FEDERAL PROGRAMS › Section 06H .0112 - DISPUTE RESOLUTION PROCESS FOR HOMELESS STUDENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) As
				used in this Rule:
(1) The terms "homeless,"
				"homeless child," and "homeless student" shall mean the same as the term
				"homeless children and youth" as defined by
				42 U.S.C. §
											11434a(2).These terms shall
				also be deemed to include the term "unaccompanied youth."
(2) The term "unaccompanied youth" shall mean
				the same as defined by 42
				U.S.C. §
											11434a(6).
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter H - FEDERAL PROGRAMS › Section 06H .0113 - EXPIRED - NUTRITION STANDARDS FOR ELEMENTARY SCHOOLS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  115C-264.3; N.C. Constitution, Article IX,
				  Sec. 5;
Interim Rule status conferred Eff. June 27, 2018, pursuant
				  to S.L. 2018-114, sec. 27.(b);
Emergency Adoption Eff. August 20,
				  2019;
Emergency Adoption Expired Eff. November 19,
				  2020.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter H - FEDERAL PROGRAMS › Section 06H .0114 - DISPUTE RESOLUTION PROCESS FOR HOMELESS STUDENTS - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
As used in this Section, the following terms shall have the
				  following definitions:
(1) "Homeless,"
				"homeless child," and "homeless student" shall mean the same as the term
				"homeless children and youths" as defined by
				42 U.S.C.
				11434a(2). These terms shall
				also be deemed to include the term "unaccompanied youth."
(2) "LEA dispute resolution process" shall
				refer to the LEA's policy on resolving complaints brought by parents,
				guardians, or unaccompanied youth regarding students experiencing homelessness.
				The term shall refer to appeals processes within the LEA, prior to any appeal
				by the parent, guardian, or unaccompanied youth appeals to the State
				Coordinator.
(3) "Local educational
				agency" (LEA) includes local school administrative units, charter schools,
				laboratory schools, regional schools, Innovative School District schools, and
				Innovation Zone schools.
(4) "Local
				liaison" shall refer to the official at each LEA, who ensures the LEA dispute
				resolution process for homeless children and youth is mediated in accordance
				with local, State, and federal policy as required by
				42 U.S.C.
				11432(g)(6)(A)(vii).
(5) "School business day" means days when
				students are scheduled to be in attendance at school, according to the academic
				calendar adopted by the LEA.
(6)
				"State appeal process" shall refer to the policies the State Coordinator, LEAs,
				parents, guardians, and unaccompanied youth must follow when a parent,
				guardian, or unaccompanied youth seeks to appeal a dispute to the State
				Coordinator.
(7) "State
				Coordinator" shall refer to the Department of Public Instruction staff person
				who carries out federally mandated duties regarding students experiencing
				homelessness as required by 42 U.S.C.
				11432(d)(3).
(8) "Unaccompanied youth" shall mean the same
				as defined by 42 U.S.C.
				11434a(6).
Authority
				  G.S.
				  115C-12;
				  115C-366;
				  42 U.S.C.
				  11431;
				  42 U.S.C. 11432;
Emergency Adoption Eff. August 20, 2019;
Eff. October 1,
				  2020.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter H - FEDERAL PROGRAMS › Section 06H .0116 - DISPUTE RESOLUTION PROCESS FOR HOMELESS STUDENTS - STATE APPEALS PROCESS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any parent, guardian, or unaccompanied
				youth who is not satisfied with the final LEA decision regarding enrollment may
				appeal the decision, within three school business days after the final LEA
				decision or within the period of any extension granted, to the State
				Coordinator through an oral or written appeal to the State Coordinator,
				including:
(1) the name of the person making
				the appeal and, if available, his or her physical address, e-mail address, and
				telephone number;
(2) the
				relationship or connection of the person to the child in question;
(3) the name of the school system and the
				school in question;
(4) the federal
				requirement alleged to have been violated;
(5) how the requirement has been violated;
				and
(6) the relief the person is
				seeking.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter H - FEDERAL PROGRAMS › Section 06H .0117 - OPERATION OF FEDERAL PROGRAMS

Current through Register Vol. 39, No. 2, July 15, 2024
Participants in federal education programs administered by
				  the Department of Public Instruction shall be subject to the enforcement
				  mechanisms authorized under 2 CFR Part 200, which is hereby incorporated by
				  reference, including subsequent editions and amendments. The CFRs may be
				  accessed at no cost at ecfr.gov.
Authority
				  G.S.
				  115C-12;
				  115C-263;
				  115C-264;
				  115C-409;
Emergency
				  Adoption Eff. August 20, 2019;
Eff. March 17,
				  2021.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter I - THE GOVERNER MOREHEAD SCHOOL › Section .0100 - ADMINISTRATIVE PROCEDURES › Section 06I .0101 - PURPOSES AND RESPONSIBILITIES

Current through Register Vol. 39, No. 2, July 15, 2024
The mission of the Governor Morehead School for the Blind
					 is to provide educational, prevocational, vocational and transitional
					 employment and living services to visually impaired children from birth to age
					 21 of North Carolina. This mission includes the responsibility to assist in the
					 provision of a continuum of consultative and technical services to other public
					 and private state and national agencies in an effort to meet the life-long
					 needs of visually impaired people.
Authority
					 G.S.
					 115C-127;
					 115C-128;
					 115C-130;
					 115C-131;
					 115C-132;
					 115C-135;
Eff.
					 February 1, 1976;
Amended Eff. September 1, 1990;
Transferred from
					 10A NCAC
					 93 .0101 Eff. June 1,
					 2011.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter I - THE GOVERNER MOREHEAD SCHOOL › Section .0100 - ADMINISTRATIVE PROCEDURES › Section 06I .0103 - MEDICAL AND HEALTH SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Health
				  services at the Governor Morehead School consist of an infirmary and outpatient
				  services. Extensive nursing care is not available for children actively needing
				  special services to maintain their health and safety.
(b) The Governor Morehead School is not
				  licensed as a hospital or treatment facility and is not staffed to serve the
				  following types of students in a residential setting:
(1) students whose primary need is for
				  psychiatric treatment;
(2) students
				  in need of treatment for severe behavior disorders;
(3) persons in need of around-the-clock,
				  intensive medical care for severe health problems.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter I - THE GOVERNER MOREHEAD SCHOOL › Section .0100 - ADMINISTRATIVE PROCEDURES › Section 06I .0104 - STUDENT INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
The Governor Morehead School is subject to the Department
					 of Public Instruction rules governing the confidentiality of student
					 information pursuant to
					 16 NCAC
					 06H .1514 in accordance with
					 G.S.
					 150B-14(c).
Authority
					 G.S.
					 115C-114;
					 115C-321;
					 143B-10;
					 150B-14(c);
Eff. February 1, 1976;
Amended Eff. October 1, 1990;
Transferred from
					 10A NCAC
					 93 .0104 Eff. June 1,
					 2011.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter I - THE GOVERNER MOREHEAD SCHOOL › Section .0100 - ADMINISTRATIVE PROCEDURES › Section 06I .0105 - THE GOVERNOR MOREHEAD SCHOOL CAMPUS PARKING

Current through Register Vol. 39, No. 2, July 15, 2024
Parking on The Governor Morehead School Campus shall be in
					 conformity with the following requirements:
(1) Vehicles shall be parked only in
				  designated parking spaces. Parking spaces are defined by painted lines in the
				  surfaced areas and by wheel-stops in non-surfaced areas.
(2) No parking is allowed on any
				  streets.
(3) No stopping to load or
				  unload is allowed on any streets.
(4) Signs shall be erected in specific areas
				  indicating No Parking and Tow-away Zones.
(5) The school may have removed to a place of
				  storage, at the owner's expense, any unattended vehicle illegally parked in a
				  designated tow-away zone.
(6) No
				  parking is allowed in any manner that would block or prohibit access to a
				  designated crosswalk.
Authority
					 G.S.
					 143-116.7;
Temporary Adoption
					 Eff. March 9, 1998;
Eff. April 1, 1999;
Transferred
					 from 10A
					 NCAC 93 .0105 Eff. June 1,
					 2011.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter I - THE GOVERNER MOREHEAD SCHOOL › Section .0200 - PERSONNEL › Section 06I .0201 - AUTHORITY OF TEACHERS AND HOUSEPARENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Teachers and house parents may make rules or arrangements
					 necessary for learning and the well-being of the classroom and cottage. Rules
					 or arrangements are to be consistent with the Governor Morehead School policy
					 and philosophy, and approved by the Director.
Authority
					 G.S.
					 115C-127;
					 115C-307;
					 143B-10;
Eff.
					 February 1, 1976;
Amended Eff. September 1, 1990;
Transferred from
					 10A NCAC
					 93 .0201 Eff. June 1,
					 2011.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter I - THE GOVERNER MOREHEAD SCHOOL › Section .0200 - PERSONNEL › Section 06I .0202 - WHO MAY GIVE DIRECTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Students shall comply with all directions of principals,
					 supervisors, teachers, houseparents, nurses, recreation supervisors and other
					 authorized school personnel during the period they are subject to the authority
					 of such personnel.
Authority
					 G.S.
					 115-321;
					 143B-10;
Eff.
					 February 1, 1976;
Transferred from
					 10A NCAC
					 93 .0202 Eff. June 1,
					 2011.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter I - THE GOVERNER MOREHEAD SCHOOL › Section .0300 - STUDENT RULES › Section 06I .0301 - COMPLIANCE WITH CAMPUS RULES AND AUTHORIZED PERSONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each student shall comply with all these
				  Rules in this Chapter and all rules in Governor Morehead School parent/student
				  handbook which are adopted by reference according to
				  G.S.
				  150B-14(c).
(b) In addition to the rules contained in
				  this booklet, each student shall comply with all directions of principals,
				  supervisors, teachers, houseparents, nurses, recreation supervisors and all
				  other school personnel, who are authorized to give such directions, during any
				  period of time when they are subject to the authority of such
				  personnel.
Authority
					 G.S.
					 115C-321;
					 143B-173(b);
					 150B-14(c);
Eff. August 25, 1980;
Amended Eff. October 1, 1990;
Transferred from
					 10A NCAC
					 93 .0301 Eff. June 1,
					 2011.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter I - THE GOVERNER MOREHEAD SCHOOL › Section .0300 - STUDENT RULES › Section 06I .0302 - PROTECTION OF PROPERTY

Current through Register Vol. 39, No. 2, July 15, 2024
Each student shall control his actions so that no private
					 or school property is damaged. If property is damaged, the student may be
					 required to reimburse the owner for the damages.
Authority
					 G.S.
					 115-321;
					 143B-173(b);
Eff. August 25, 1980;
Transferred from
					 10A NCAC
					 93 .0302 Eff. June 1,
					 2011.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter I - THE GOVERNER MOREHEAD SCHOOL › Section .0300 - STUDENT RULES › Section 06I .0303 - USE OF DRUGS

Current through Register Vol. 39, No. 2, July 15, 2024
The use, possession of or being under the influence of
					 alcohol or any controlled substance as defined by Chapter 90 of the General
					 Statutes, except by prescription and under the care of a licensed physician, is
					 strictly forbidden, on or off campus, at any school activity or
					 function.
Authority
					 G.S.
					 115C-391;
					 143B-173(b);
Eff. August 25, 1980;
Amended Eff. September 1, 1990;
Transferred from
					 10A NCAC
					 93 .0303 Eff. June 1,
					 2011.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter I - THE GOVERNER MOREHEAD SCHOOL › Section .0300 - STUDENT RULES › Section 06I .0304 - CODE OF DRESS FOR STUDENTS

Current through Register Vol. 39, No. 2, July 15, 2024
The following dress code shall apply to all
					 students:
(1) Staff should set the
				  proper example in dress and decorum for each student.
(2) Good grooming should be practiced every
				  day. It includes:
(a) keeping the body clean
				  (bathe daily);
(b) keeping the hair
				  neat and clean;
(c) wearing clean,
				  neat clothing.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter I - THE GOVERNER MOREHEAD SCHOOL › Section .0400 - DISCIPLINE › Section 06I .0402 - PROCEDURE FOR ADMINISTERING DISCIPLINE

Current through Register Vol. 39, No. 2, July 15, 2024
The Discipline Team will convene and make decisions
					 regarding disciplinary measures for behaviors considered to be too serious to
					 be addressed by the school or dormitory rules and related consequences. The
					 decision of the Discipline Team may be appealed to the Superintendent in
					 writing within ten school days.
Authority
					 G.S.
					 115C-288;
					 143B-173(b);
Eff. August 25, 1980;
Amended Eff. September 1, 1990;
Transferred from
					 10A NCAC
					 93 .0402 Eff. June 1,
					 2011.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter I - THE GOVERNER MOREHEAD SCHOOL › Section .0400 - DISCIPLINE › Section 06I .0403 - DISTRIBUTION OF POLICY

Current through Register Vol. 39, No. 2, July 15, 2024
Parents and students shall be given the Governor Morehead
					 School Parent-Student Handbook at registration day. The Discipline Policy is
					 contained in the handbook.
Authority
					 G.S.
					 115C-288;
					 143B-173(b);
Eff. August 25, 1980;
Amended Eff. September 1, 1990;
Transferred from
					 10A NCAC
					 93 .0403 Eff. June 1,
					 2011.