State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_115C > GS_115C-106_3

§ 115C‑106.3. Definitions.

The following definitionsapply in this Article:

(1)        "Child with adisability" means a child with at least one disability who because of thatdisability requires special education and related services.

(2)        "Disability"includes mental retardation; hearing impairment, including deafness; speech orlanguage impairment; visual impairment, including blindness; serious emotionaldisturbance; orthopedic impairment; autism; traumatic brain injury; otherhealth impairments, specific learning disability, or other disability as may berequired to be included under IDEA. For a child ages three through seven, thisterm also includes developmental delay.

(3)        "Dispute"means a disagreement between the parties.

(3a)      "Educationalservices" means all of the following:

a.         The necessaryinstructional hours per week in the form and format as determined by thechild's IEP team and consistent with federal and State law. The instructionshall be delivered by an appropriately qualified teacher to the extent requiredby federal and State law, which requires a free appropriate public educationand the opportunity for a sound basic education.

b.         Related servicesincluded in the child's IEP.

c.         Behaviorintervention services to the extent required by federal law.

(4)        "Freeappropriate public education" means special education and related servicesthat:

a.         Are provided atpublic expense, under public supervision and direction, and without charge;

b.         Meet the standardsof the State Board;

c.         Include anappropriate preschool, elementary school, or secondary school education in theState; and

d.         Are provided inconformity with an individualized education program.

(5)        "Hearingofficers" include administrative law judges as defined in G.S. 150B‑2(1)and hearing review officers.

(5a)      "Homeboundinstruction" means educational services provided to a student outside theschool setting.

(6)        "IDEA"means The Individuals with Disabilities Education Improvement Act, 20 U.S.C. §1400, et seq., (2004), as amended, and federal regulations adopted under thisact.

(7)        "IEP Team"is as defined in IDEA.

(8)        "Individualizededucation program" or "IEP" means a written statement for eachchild with a disability that is developed, reviewed, implemented, and revisedconsistent with IDEA and State law.

(9)        "Infant ortoddler with a disability" is as defined in IDEA.

(10)      "Leastrestrictive environment" means to the maximum extent appropriate, childrenwith disabilities are educated with children who are not disabled, and specialclasses, separate schooling, or other removal of children with disabilitiesfrom the regular educational environment occurs only when the nature of thedisability is such that education in regular classes with the use ofsupplementary aids and services cannot be achieved satisfactorily.

(11)      "Localeducational agency" includes any of the following that provides specialeducation and related services to children with disabilities:

a.         A local schooladministrative unit.

b.         A charter school.

c.         The Department ofHealth and Human Services.

d.         The Department ofCorrection.

e.         The Department ofJuvenile Justice and Delinquency Prevention.

f.          Any other Stateagency or unit of local government.

(12)      "Mediation"means an informal process conducted by a mediator with the objective of helpingparties voluntarily settle their dispute.

(13)      "Mediator"means a neutral person who acts to encourage and facilitate a resolution of adispute.

(14)      "Parent"means:

a.         A natural, adoptive,or foster parent;

b.         A guardian, but notthe State if the child is a ward of the State;

c.         An individual actingin the place of a natural or adoptive parent, including a grandparent,stepparent, or other relative, and with whom the child lives;

d.         An individual who islegally responsible for the child's welfare; or

e.         A surrogate if oneis appointed under G.S. 115C‑109.2.

(15)      "Party" or"Parties" means the local educational agency or the parents, or both.

(16)      "Petition"means a request for a due process hearing as provided for under IDEA.

(17)      "Preschool childwith a disability" means a child with one or more disabilities who meetsall of the following criteria:

a.         Has reached his orher third birthday and whose parents have requested services from the publicschools.

b.         Is not eligible toenroll in public kindergarten.

c.         Because of thedisability, needs special education and related services in order to preparethe child to benefit from the educational programs provided by the publicschools, beginning with kindergarten.

(18)      "Relatedservices" is as defined in IDEA.

(18a)    "Residence"or "reside" means the place where a child with a disability isentitled to be enrolled in a North Carolina public school under G.S. 115C‑366except for the age requirements of that section. This definition shall notapply to children with disabilities who were (i) enrolled in a particular localschool administrative unit on the last day of school for the 2006‑2007school year, or (ii) enrolled in and attending a school in a particular localschool administrative unit on August 1, 2007, for the 2007‑2008 schoolyear for as long as they live within and are continuously enrolled in thatlocal school administrative unit.

(19)      "Rules"includes rules, policies, and procedures. Rules as defined in G.S. 150B‑2(8a)shall be adopted in accordance with Article 2A of Chapter 150B of the GeneralStatutes.

(20)      "Specialeducation" means specially designed instruction, at no cost to parents, tomeet the unique needs of a child with a disability. The term includesinstruction in physical education and instruction conducted in a classroom, thehome, a hospital or institution, and other settings.  (1977, c. 927, s. 1; 1981,c. 423, s. 1; 1983, c. 247, ss. 1, 2; 1983 (Reg. Sess., 1984), c. 1034, ss. 23,24; 1985, c. 479, s. 26(a);1985, c. 780, ss. 3, 4; 1989(Reg. Sess., 1990), c.1003, s. 5; 1996, 2nd Ex. Sess., ch. 18, s. 18.24(b); 2006‑69, s. 2; 2007‑292,s. 1; 2007‑429, s. 1; 2008‑90, s. 1.)