State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_115C > GS_115C-107_1

Part 1B. Provision of FreeAppropriate Public Education.

§ 115C‑107.1.  Freeappropriate public education; ages.

(a)        A free appropriatepublic education shall be made available to the following:

(1)        All children withdisabilities who reside in the State, who are the ages of three through 21, whohave not graduated from high school, and who require special education andrelated services.

(2)        Any child with adisability who is receiving special education and related services and who hasnot graduated from high school until the end of the school year in which thatchild reaches the age of 22.

(3)        Children withdisabilities who require special education and related services and who aresuspended or expelled from school and entitled to continuing education servicesas provided in IDEA.

(b)        A free appropriatepublic education is not required to be provided to infants and toddlers withdisabilities. However, early intervention services shall be made available tothese children under G.S. 143B‑139.6A.

(c)        If funds are madeavailable, the State Board and the Secretary of Health and Human Services mayadopt an agreement to allow the continuation of early intervention services forchildren with a disability who are at least three years old but before theyenter kindergarten or are eligible to enter kindergarten. If an agreement isadopted under this subsection, then a free appropriate public education is notrequired to be provided to any child with a disability who continues to receiveearly intervention services in accordance with that agreement.

(d)        Nothing in thisArticle requires a free appropriate public education to be made available toany individual aged 18 through 21 who, in the educational placement immediatelybefore that individual's incarceration in an adult correctional facility, wasnot actually identified as being a child with a disability and did not have anIEP. (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.)