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North Carolina School Health Program Manual
General Statues, State Policies, and Administrative Code
Appendix II Item # 20
Special Education
_____________________________________________________________________________ Appendix II # 20- 1
School Health Program Manual – January 2010
N. C. Division of Public Health – Children & Youth Branch – School Health Unit
Special Education1
1 Resources used for this section include the General Assembly website, which can be found at
www. ncleg. net and the publication entitled “ Policies Governing Services for Children with
Disabilities” can be found on- line at www. ncpublicschools. org/ ec/ policy.
Part 1A. General Provisions.
§ 115C- 106.1. State goal.
The goal of the State is to provide full
educational opportunity to all children with
disabilities who reside in the State. ( 1973, c.
1293, ss. 2- 4; 1975, c. 563, ss. 1- 5; 1977, c.
927, ss. 1, 2; 1979, 2nd Sess., c. 1295; 1981, c.
423, s. 1; 1997- 443, s. 11A. 47; 2006- 69, s. 2.)
§ 115C- 106.2. Purposes.
( a) The purposes of this Article are to ( i)
ensure that all children with disabilities ages
three through 21 who reside in this State have
available to them a free appropriate public
education that emphasizes special education
and related services designed to meet their
unique needs and prepares them for further
education, employment, and independent
living; ( ii) ensure that the rights of these
children and their parents are protected; and
( iii) enable the State Board of Education and
local educational agencies to provide for the
education of all children with disabilities.
( b) In addition to the purposes listed in
subsection ( a) of this section, the purpose of
this Article is to enable the State Board of
Education and local educational agencies to
implement IDEA in this State. If this Article is
silent or conflicts with IDEA, and if IDEA has
specific language that is mandatory, then IDEA
controls.
( c) Notwithstanding any other section of
this Article, the State Board of Education may
set standards for the education of children with
disabilities that are higher than those required
by IDEA. ( 1973, c. 1293, ss. 2- 4; 1975, c. 563,
ss. 1- 5; 1977, c. 927, ss. 1, 2; 1979, 2nd Sess.,
c. 1295; 1981, c. 423, s. 1; 1997- 443, s.
11A. 47; 2006- 69, s. 2; 2007- 292, s. 2.)
§ 115C- 106.3. Definitions.
The following definitions apply in this
Article:
( 1) " Child with a disability" means a child
with at least one disability who because of that
disability requires special education and related
services.
( 2) " Disability" includes mental retardation;
hearing impairment, including deafness; speech
or language impairment; visual impairment,
including blindness; serious emotional
disturbance; orthopedic impairment; autism;
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| Title | North Carolina school health program manual - Page 673 |
| Full Text | North Carolina School Health Program Manual General Statues, State Policies, and Administrative Code Appendix II Item # 20 Special Education _____________________________________________________________________________ Appendix II # 20- 1 School Health Program Manual – January 2010 N. C. Division of Public Health – Children & Youth Branch – School Health Unit Special Education1 1 Resources used for this section include the General Assembly website, which can be found at www. ncleg. net and the publication entitled “ Policies Governing Services for Children with Disabilities” can be found on- line at www. ncpublicschools. org/ ec/ policy. Part 1A. General Provisions. § 115C- 106.1. State goal. The goal of the State is to provide full educational opportunity to all children with disabilities who reside in the State. ( 1973, c. 1293, ss. 2- 4; 1975, c. 563, ss. 1- 5; 1977, c. 927, ss. 1, 2; 1979, 2nd Sess., c. 1295; 1981, c. 423, s. 1; 1997- 443, s. 11A. 47; 2006- 69, s. 2.) § 115C- 106.2. Purposes. ( a) The purposes of this Article are to ( i) ensure that all children with disabilities ages three through 21 who reside in this State have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepares them for further education, employment, and independent living; ( ii) ensure that the rights of these children and their parents are protected; and ( iii) enable the State Board of Education and local educational agencies to provide for the education of all children with disabilities. ( b) In addition to the purposes listed in subsection ( a) of this section, the purpose of this Article is to enable the State Board of Education and local educational agencies to implement IDEA in this State. If this Article is silent or conflicts with IDEA, and if IDEA has specific language that is mandatory, then IDEA controls. ( c) Notwithstanding any other section of this Article, the State Board of Education may set standards for the education of children with disabilities that are higher than those required by IDEA. ( 1973, c. 1293, ss. 2- 4; 1975, c. 563, ss. 1- 5; 1977, c. 927, ss. 1, 2; 1979, 2nd Sess., c. 1295; 1981, c. 423, s. 1; 1997- 443, s. 11A. 47; 2006- 69, s. 2; 2007- 292, s. 2.) § 115C- 106.3. Definitions. The following definitions apply in this Article: ( 1) " Child with a disability" means a child with at least one disability who because of that disability requires special education and related services. ( 2) " Disability" includes mental retardation; hearing impairment, including deafness; speech or language impairment; visual impairment, including blindness; serious emotional disturbance; orthopedic impairment; autism; |
