State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_115C > GS_115C-107_7

§ 115C‑107.7. Discipline and homebound instruction.

(a)        The policies andprocedures for the discipline of students with disabilities shall be consistentwith federal laws and regulations.

(b)        If a change ofplacement occurs under the discipline regulations of IDEA, a local educationalagency shall not assign a student to homebound instruction without adetermination by the student's IEP team that the homebound instruction is theleast restrictive alternative environment for that student. If it is determinedthat the homebound instruction is the least restrictive alternative environmentfor the student, the student's IEP team shall meet to determine the nature ofthe homebound educational services to be provided to the student. In addition,the continued appropriateness of the homebound instruction shall be evaluatedmonthly by the designee or designees of the student's IEP team.

(c)        (EffectiveJanuary 1, 2009, and expires March 1, 2011 – see notes) A local educationalagency shall be deemed to have a "basis of knowledge" that a child isa child with a disability if, prior to the behavior that precipitated thedisciplinary action, the behavior and performance of the child clearly andconvincingly establishes the need for special education. Prior disciplinary infractionsshall not, standing alone, constitute clear and convincing evidence.  (2006‑69, s. 2; 2007‑425,s. 1; 2008‑90, ss. 2, 3.)