State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_115C > GS_115C-107_6

§ 115C‑107.6.  Duties oflocal educational agencies.

(a)        Each localeducational agency, in providing for the education of children withdisabilities within its jurisdiction, must comply with IDEA and the rulesadopted by the State Board under this Article. In addition, each localeducational agency shall have in effect policies, procedures, and programs thatare consistent with this Article, IDEA, and rules adopted by the State Board.

(b)        No child withdisabilities shall be prevented from attending the public schools of the localeducational agency in which the child resides or from which the child receivesservices or from attending any other public program of free appropriate publiceducation based solely on the fact that the child has a disability. If it appearsthe child should receive a program of free appropriate public education in aprogram operated by or under the supervision of the Department of Health andHuman Services or the Department of Juvenile Justice and DelinquencyPrevention, the local school administrative unit shall confer with theappropriate Department of Health and Human Services or Department of JuvenileJustice and Delinquency Prevention staff for their participation anddetermination of the appropriateness of placement in that program anddevelopment of the child's individualized education program.

(c)        No matriculation ortuition fees or other fees or charges shall be required or asked of childrenwith disabilities or their parents except those fees or charges that arerequired uniformly of all public school pupils. The provision of a freeappropriate public education within the facilities of the Department of Healthand Human Services and the Department of Juvenile Justice and DelinquencyPrevention may not prevent that Department from charging for other services ortreatment.

(d)        Each child with adisability shall be educated in accordance with that child's IEP and in theleast restrictive environment for that child.

(e)        Each localeducational 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.)