State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_115C > GS_115C-107_2

§ 115C‑107.2.  Duties ofState Board of Education.

(a)        The State Board ofEducation shall adopt rules to ensure that:

(1)        The requirements ofthis Article and IDEA are met.

(2)        All educationalprograms under the supervision of any local educational agency for childrenwith disabilities meet all of the following requirements:

a.         The programs areunder the general supervision of individuals in the State who are responsiblefor educational programs for children with disabilities.

b.         The programs meetthe State Board's educational standards.

c.         With respect tohomeless children, the programs meet the requirements of 20 U.S.C. § 1431,McKinney‑Vento Homeless Assistance Act.

(b)        The rules adoptedunder subsection (a) of this section shall include rules that:

(1)        Establish standardsfor the programs of special education to be administered by local educationalagencies and by the State Board.

(2)        Ensure that childrenwith disabilities are educated in the least restrictive environment.

(3)        Ensure that localschool administrative units make available special education and relatedservices to all preschool children with disabilities whose parents requestthese services.

(4)        Provide for publichearings, adequate notice of these hearings, and an opportunity for comment fromthe general public before the adoption of the rules required by this Article.

(5)        Are required inorder to receive federal funding under IDEA.

(6)        Provide that, wherea local educational agency finds that appropriate services are available fromother public agencies or private organizations, the local educational agencymay contract for those services rather than provide them directly.

(7)        Enable localeducational agencies to identify, evaluate, place, and make other educationaldecisions for children with disabilities.

(8)        Provide proceduralsafeguards for children with disabilities and their parents.

(9)        Designate a personin the Department of Public Instruction who is charged with receiving andresponding to notices or other legal documents under Part 1D of this Article.

(10)      Support andfacilitate local educational agency and school‑level system improvementdesigned to enable children with disabilities to meet the challenging Statestudent academic achievement standards.

(c)        Rules adopted underthis section shall be consistent with IDEA and shall comply with G.S. 115C‑12(19).Local educational agencies, parents, and other individuals concerned with theeducation of children with disabilities shall be consulted in the developmentof rules adopted under this Article.

(d)        The State Boardshall develop forms for local educational agencies to use in order to complywith this Article. The forms must comply with G.S. 115C‑12(19) and may bein an electronic format.

(e)        The State Boardshall provide technical assistance to local educational agencies at theirrequest.

(f)         The State Boardshall develop any plans that meet the criteria of IDEA and are required to besubmitted to the United States Department of Education.

(g)        The State Boardshall make available to hearing officers training related to IDEA and its legalinterpretations in order to facilitate hearings and reviews under G.S. 115C‑109.6.(1977, c. 927,s. 1; 1981, c. 423, s. 1; 1983, c. 247, ss. 3, 4; 1989, c. 585, s. 3; 1989(Reg. Sess., 1990), c. 1003, s. 5; 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.)