Policies governing services for children with disabilities

              PUBLIC SCHOOLS OF NORTH CAROLINA
State Board of Education | Department of Public Instruction :: Exceptional Children Division
POLICIES GOVERNING
SERVICES FOR
CHILDREN WITH DISABILITIES
STATE BOARD OF EDUCATION
NC DEPARTMENT OF PUBLIC INSTRUCTION
June St. Clair Atkinson, Ed.D., State Superintendent
301 N. Wilmington Street :: Raleigh, North Carolina 27601-2825
In compliance with federal law, NC Public Schools administers all state-operated educational programs, employment activities and
admissions without discrimination because of race, religion, national or ethnic origin, color, age, military service, disability, or gender,
except where exemption is appropriate and allowed by law.
Inquiries or complaints regarding discrimination issues should be directed to:
Dr. Rebecca Garland, Chief Academic Officer :: Academic Services and Instructional Support
6368 Mail Service Center, Raleigh, NC 27699-6368 :: Telephone: (919) 807-3200 :: Fax: (919) 807-4065
Visit us on the Web :: www.ncpublicschools.org
WILLIAM C. HARRISON
Chairman :: Fayetteville
WAYNE MCDEVITT
Vice Chair :: Asheville
WALTER DALTON
Lieutenant Governor :: Rutherfordton
JANET COWELL
State Treasurer :: Raleigh
REGINALD KENAN
Rose Hill
KEVIN D. HOWELL
Raleigh
SHIRLEY E. HARRIS
Troy
CHRISTINE J. GREENE
High Point
JOHN A. TATE III
Charlotte
ROBERT “TOM” SPEED
Boone
MELISSA E. BARTLETT
Roxboro
PATRICIA N. WILLOUGHBY
Raleigh
The guiding mission of the North Carolina State Board of Education is that every public school student will graduate
from high school, globally competitive for work and postsecondary education and prepared for life in the 21st Century.
M0310
QUESTIONS OR COMMENTS ABOUT THIS DOCUMENT MAY BE DIRECTED TO:
Exceptional Children Division
6356 Mail Service Center
Raleigh, NC 27699-6356
Telephone: 919-807-3969 | Fax: 919-807-3243
This document available electronically at:
http://www.ncpublicschools.org/ec/policy
Policies Governing Services for Children with Disabilities June 2010
Table of Contents i
NC 1500 GENERAL 1
NC 1500-1 Purposes and Applicability 1
NC 1500-1.1 Goal and purposes 1
NC 1500-1.2 Applicability of this part to State and local agencies 1
NC 1500-2 Definitions 1
NC 1500-2.1 Adapted physical education 1
NC 1500-2.2 Assistive technology device 2
NC 1500-2.3 Assistive technology service 2
NC 1500-2.4 Child with a disability 3
NC 1500-2.5 Consent 5
NC 1500-2.6 Core academic subjects 5
NC 1500-2.7 Day; business day; school day 5
NC 1500-2.8 Early intervening services 6
NC 1500-2.9 Elementary School 6
NC 1500-2.10 Equipment 6
NC 1500-2.11 Evaluation 6
NC 1500-2.12 Excess costs 10
NC 1500-2.13 Free appropriate public education 10
NC 1500-2.14 Highly qualified special education teacher 10
NC 1500-2.15 Homeless children 12
NC 1500-2.16 Individualized education program 12
NC 1500-2.17 Individualized education program team 12
NC 1500-2.18 Individualized family service plan 13
NC 1500-2.19 Infant or toddler with a disability 13
NC 1500-2.20 Limited English proficient 13
NC 1500-2.21 Least restrictive environment (LRE) 13
NC 1500-2.22 Local educational agency 13
NC 1500-2.23 Native language 14
NC 1500-2.24 Parent 14
NC 1500-2.25 Parent training and information center 14
NC 1500-2.26 Personally identifiable 15
NC 1500-2.27 Public agency 15
NC 1500-2.28 Related services 15
NC 1500-2.29 Reevaluation 18
NC 1500-2.30 Screening 18
NC 1500-2.31 Scientifically based research 18
NC 1500-2.32 Secondary School 19
NC 1500-2.33 Services plan 19
NC 1500-2.34 Special education 19
NC 1500-2.35 State educational agency 20
NC 1500-2.36 Supplementary aids and services 20
NC 1500-2.37 Transition services 20
NC 1500-2.38 Universal design 21
NC 1500-2.39 Ward of the State 21
Policies Governing Services for Children with Disabilities June 2010
Table of Contents ii
NC 1501 STATE ELIGIBILITY 22
NC 1501-1 FAPE Requirements 22
NC 1501-1.1 Free appropriate public education (FAPE) 22
NC 1501-1.2 Exception to FAPE for certain ages 22
NC 1501-2 Other FAPE Requirements 23
NC 1501-2.1 FAPE--methods and payments 23
NC 1501-2.2 Residential placement 23
NC 1501-2.3 Assistive technology 23
NC 1501-2.4 Extended school year services 24
NC 1501-2.5 Nonacademic services 24
NC 1501-2.6 Physical education 25
NC 1501-2.7 Full educational opportunity goal (FEOG) 25
NC 1501-2.8 Program options 25
NC 1501-2.9 Child find 25
NC 1501-2.10 Individualized education programs (IEP) 26
NC 1501-2.11 Routine checking of hearing aids and external components of surgically implanted
medical devices 26
NC 1501-2.12 Equal access to textbooks for all children and teachers 26
NC 1501-3 Least Restrictive Environment (LRE) 27
NC 1501-3.1 LRE requirements 27
NC 1501-3.2 Continuum of alternative placements 27
NC 1501-3.3 Placement decisions 27
NC 1501-3.4 Nonacademic settings 28
NC 1501-3.5 Children in public or private institutions 28
NC 1501-3.6 Technical assistance and training activities 28
NC 1501-3.7 Monitoring activities 28
NC 1501-4 Additional Eligibility Requirements 29
NC 1501-4.1 Procedural safeguards 29
NC 1501-4.2 Evaluation 29
NC 1501-4.3 Confidentiality of personally identifiable information 29
NC 1501-4.4 Transition of children from Part C to preschool programs 29
NC 1501-5 Children in Private Schools 29
NC 1501-5.1 State responsibility regarding children in private schools 29
NC 1501-6 Children With Disabilities Enrolled by Their Parents in Private Schools 30
NC 1501-6.1 Definition of parentally-placed private school children with disabilities 30
NC 1501-6.2 Child find for parentally-placed private school children with disabilities 30
NC 1501-6.3 Provision of services for parentally-placed private school children with disabilities--
basic requirement 30
NC 1501-6.4 Expenditures 31
NC 1501-6.5 Consultation 32
NC 1501-6.6 Written affirmation 32
NC 1501-6.7 Compliance 32
NC 1501-6.8 Equitable services determined 33
NC 1501-6.9 Equitable services provided 33
NC 1501-6.10 Location of services and transportation 34
Policies Governing Services for Children with Disabilities June 2010
Table of Contents iii
NC 1501-6.11 Due process petitions and State complaints 34
NC 1501-6.12 Requirement that funds not benefit a private school 35
NC 1501-6.13 Use of personnel 35
NC 1501-6.14 Separate classes prohibited 35
NC 1501-6.15 Property, equipment, and supplies 35
NC 1501-7 Children With Disabilities in Private Schools Placed or Referred by Public
Agencies 36
NC 1501-7.1 Applicability 36
NC 1501-7.2 Responsibility of State Educational Agency 36
NC 1501-7.3 Implementation by State Educational Agency 36
NC 1501-8 Children With Disabilities Enrolled by Their Parents in Private Schools When
FAPE is at Issue 36
NC 1501-8.1 Placement of children by parents if FAPE is at issue 36
NC 1501-9 SEA Responsibility for General Supervision and Implementation of Procedural
Safeguards 37
NC 1501-9.1 SEA responsibility for general supervision 37
NC 1501-9.2 SEA implementation of procedural safeguards 38
NC 1501-10 State Complaint Procedures 38
NC 1501-10.1 Adoption of State complaint procedures 38
NC 1501-10.2 Minimum State complaint procedures 39
NC 1501-10.3 Filing a complaint 39
NC 1501-11 Methods of Ensuring Services 40
NC 1501-12 Additional Eligibility Requirements 42
NC 1501-12.1 Hearings relating to LEA eligibility 42
NC 1501-12.2 Personnel qualifications 42
NC 1501-12.3 Performance goals and indicators 43
NC 1501-12.4 Participation in assessments 44
NC 1501-12.5 Supplementation of State, local, and other Federal funds 45
NC 1501-12.6 Maintenance of State financial support 46
NC 1501-12.7 Waiver of requirements regarding supplementing and not supplanting with Part B
funds 46
NC 1501-12.8 Public participation 47
NC 1501-12.9 Rule of construction 48
NC 1501-13 State Advisory Panel 48
NC 1501-13.1 State advisory panel 48
NC 1501-13.2 Membership 48
NC 1501-13.3 Duties 48
NC 1501-14 Other Provisions Required for State Eligibility 49
NC 1501-14.1 Suspension and expulsion rates 49
NC 1501-14.2 Annual description of use of Part B funds 49
NC 1501-14.3 Access to instructional materials 49
NC 1501-14.4 Overidentification and disproportionality 50
NC 1501-14.5 Prohibition on mandatory medication 50
Policies Governing Services for Children with Disabilities June 2010
Table of Contents iv
NC 1501-14.6 Exception for prior state plans 51
NC 1501-15 State Administration 51
NC 1502 LOCAL EDUCATIONAL AGENCY ELIGIBILITY 52
NC 1502-1 Condition of Assistance 52
NC 1502-2 Consistency with State Policies 52
NC 1502-3 Use of Amounts 52
NC 1502-4 Maintenance of Effort 53
NC 1502-5 Exception to Maintenance of Effort 53
NC 1502-6 Adjustment to Local Fiscal Efforts in Certain Fiscal Years 54
NC 1502-7 Schoolwide Programs under Title I of the ESEA 54
NC 1502-8 Personnel Development 55
NC 1502-9 Permissive Use of Funds 55
NC 1502-10 Treatment of Charter Schools and Their Students 55
NC 1502-11 Purchase of Instructional Materials 55
NC 1502-12 Information for SEA 56
NC 1502-13 Public Information 56
NC 1502-14 Records Regarding Migratory Children with Disabilities 56
NC 1502-15 Exceptions for Prior Local Plans 56
NC 1502-16 Notification of LEA in Case of Ineligibility 57
NC 1502-17 LEA Compliance 57
NC 1502-18 Joint Establishment of Eligibility 57
NC 1502-19 Requirements for Establishing Eligibility 57
NC 1502-20 Early Intervening Services 57
NC 1502-21 State Agency Eligibility 58
NC 1502-22 SEA Flexibility 58
Policies Governing Services for Children with Disabilities June 2010
Table of Contents v
NC 1503 EVALUATIONS, ELIGIBILITY DETERMINATIONS,
INDIVIDUALIZED EDUCATION PROGRAMS, AND EDUCATIONAL
PLACEMENTS 60
NC 1503-1 Parental Consent 60
NC 1503-2 Referrals, Evaluations and Reevaluations 61
NC 1503-2.1 Referral 61
NC 1503-2.2 Initial evaluations 62
NC 1503-2.3 Screening for instructional purposes is not evaluation 62
NC 1503-2.4 Reevaluations 62
NC 1503-2.5 Evaluation procedures 63
NC 1503-2.6 Additional requirements for evaluations and reevaluations 74
NC 1503-2.7 Determination of eligibility 75
NC 1503-3 Additional Procedures for Evaluating Children with Specific Learning
Disabilities 76
NC 1503-3.1 Specific learning disabilities 76
NC 1503-3.2 Additional group members 76
NC 1503-3.3 Determining the existence of a specific learning disability 77
NC 1503-3.4 Observation 77
NC 1503-3.5 Specific documentation for the eligibility determination 77
NC 1503-4 Individualized Education Programs (IEP) 78
NC 1503-4.1 Definition of individualized education program 78
NC 1503-4.2 IEP team 80
NC 1503-4.3 Parent participation 81
NC 1503-4.4 When IEPs must be in effect 82
NC 1503-5 Development of IEP 83
NC 1503-5.1 Development, review, and revision of IEP 83
NC 1503-5.2 Private school placements by LEAs 85
NC 1503-5.3 Educational placements 85
NC 1503-5.4 Alternative means of meeting participation 85
NC 1504 PROCEDURAL SAFEGUARDS 87
NC 1504 -1 Due Process Procedures 87
NC 1504-1.1 Responsibility of SEA and LEA 87
NC 1504-1.2 Opportunity to examine records; parent participation in meetings 87
NC 1504-1.3 Independent educational evaluation 87
NC 1504-1.4 Prior notice by the LEA; content of notice 89
NC 1504-1.5 Procedural safeguards notice 89
NC 1504-1.6 Electronic mail 90
NC 1504-1.7 Mediation 90
NC 1504-1.8 Filing a petition for a due process hearing 92
NC 1504-1.9 Due process hearing 92
NC 1504-1.10 Model forms 93
NC 1504-1.11 Resolution process 94
NC 1504-1.12 Impartial due process hearing 95
Policies Governing Services for Children with Disabilities June 2010
Table of Contents vi
NC 1504-1.13 Hearing rights 95
NC 1504-1.14 Hearing decisions 96
NC 1504-1.15 Finality of decision; appeal; impartial review 97
NC 1504-1.16 Timelines and convenience of hearings and reviews 97
NC 1504-1.17 Civil action 98
NC 1504-1.18 Attorneys' fees 98
NC 1504-1.19 Child's status during proceedings 99
NC 1504-1.20 Surrogate parents 100
NC 1504-1.21 Transfer of parental rights at age of majority 101
NC 1504-2 Discipline Procedures 102
NC 1504-2.1 Authority of school personnel 102
NC 1504-2.2 Determination of setting 105
NC 1504-2.3 Appeal 105
NC 1504-2.4 Placement during appeals 106
NC 1504-2.5 Protections for children not yet eligible for special education and related services 106
NC 1504-2.6 Referral to and action by law enforcement and judicial authorities 107
NC 1504-2.7 Change of placement because of disciplinary removals 107
NC 1504-2.8 State enforcement mechanisms 107
NC 1504-2.9 Discipline and homebound instruction 107
NC 1505 MONITORING, ENFORCEMENT, CONFIDENTIALITY, AND
PROGRAM INFORMATION 109
NC 1505-1 Monitoring, Technical Assistance, and Enforcement 109
NC 1505-1.1 Monitoring and enforcement 109
NC 1505-1.2 LEA continuous improvement performance plans and data collection 109
NC 1505-1.3 Use of targets and reporting 110
NC 1505-1.4 Review and determination regarding performance 110
NC 1505-1.5 Enforcement 111
NC 1505-1.6 Withholding funds 112
NC 1505-1.7 Public attention 113
NC 1505-1.8 Divided State agency responsibility 113
NC 1505-1.9 State enforcement 113
NC 1505-1.10 Rule of construction 114
NC 1505-2 Confidentiality of Information 114
NC 1505-2.1 Confidentiality 114
NC 1505-2.2 Definitions 114
NC 1505-2.3 Notice to parents 115
NC 1505-2.4 Access rights 115
NC 1505-2.5 Record of access 115
NC 1505-2.6 Records on more than one child 116
NC 1505-2.7 List of types and locations of information 116
NC 1505-2.8 Fees 116
NC 1505-2.9 Amendment of records at parent's request 116
NC 1505-2.10 Opportunity for a hearing 116
NC 1505-2.11 Result of hearing 116
NC 1505-2.12 Hearing procedures 117
NC 1505-2.13 Consent 117
Policies Governing Services for Children with Disabilities June 2010
Table of Contents vii
NC 1505-2.14 Safeguards 117
NC 1505-2.15 Destruction of information 118
NC 1505-2.16 Children's rights 118
NC 1505-2.17 Enforcement 118
NC 1505-2.18 Department use of personally identifiable information 118
NC 1505-3 Reports – Program Information 118
NC 1505-3.1 Annual report of children served-report requirement 118
NC 1505-3.2 Annual report of children served-information required in the report 119
NC 1505-3.3 Data reporting 120
NC 1505-3.4 Annual report of children served-certification 120
NC 1505-3.5 Annual report of children served-criteria for counting children 120
NC 1505-3.6 Disproportionality 120
NC 1506 AUTHORIZATION, ALLOTMENT, USE OF FUNDS, AND
AUTHORIZATION OF APPROPRIATIONS 122
NC 1506-1 Allotments, Grants, and Use of Funds 122
NC 1506-1.1 Grants to States 122
NC 1506-1.2 Allocations to States 122
NC 1506-1.3 State-level activities 124
NC 1506-1.4 Subgrants to LEAs 128
NC 1506-1.5 Behavior support services 129
NC 1506-1.6 Community residential centers 130
NC 1506-1.7 Developmental day centers 131
NC 1506-1.8 Group home placements 132
NC 1506-1.9 Out-of-district placements 133
NC 1506-1.10 Risk pool 134
NC 1506-1.11 Special state reserve 134
NC 1506-1.12 Special small schools 135
NC 1506-1.13 Transportation 135
NC 1507 PRESCHOOL GRANTS FOR CHILDREN WITH DISABILITIES 136
NC 1507-1 In General 136
NC 1507-2 Eligibility 136
NC 1507-3 Eligibility for Financial Assistance 136
NC 1507-4 Allocations 136
NC1507-5 Reservation for State Activities 136
NC 1507-6 State Administration 137
NC 1507-7 Other State-Level Activities 137
NC 1507-8 Subgrants to LEAs 137
Policies Governing Services for Children with Disabilities June 2010
Table of Contents viii
NC 1507-9 Allocations to LEAs 138
NC 1507-10 Reallocation of LEA funds 138
NC 1507-11 Part C of the Act Inapplicable 139
NC 1508 CLASS SIZE: SCHOOL AGE AND PRESCHOOL 140
NC 1508-1 Class Size: School Age and Preschool 140
NC 1508-2 Student/Teacher Ratio for Preschool Children with Disabilities 140
NC 1508-3 Class Size Chart 141
NC 1508-3A Level of Service/Supports 142
NC 1508-4 Total Caseload 142
Policies Governing Services for Children with Disabilities June 2010
NC 1500-General 1
NC 1500 GENERAL
NC 1500-1 Purposes and Applicability
NC 1500-1.1 Goal and purposes
The goal of the State is to provide appropriate educational opportunity to all children with disabilities
who reside in North Carolina.
The purposes of this part are--
(a) To ensure that all children with disabilities, ages three through 21, 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;
(b) To ensure that the rights of children with disabilities and their parents are protected;
(c) To assist the local educational agencies, including state operated programs and charter schools, to
provide for the education of children with disabilities; and
(d) To assess and ensure the effectiveness of efforts to educate children with disabilities.
(Authority: 20 U.S.C. 1400(d); 34 CFR 300.1)
NC 1500-1.2 Applicability of this part to State and local agencies
(a) Public agencies within the State. The provisions of this part--
(1) Apply to all public agencies within the State that are involved in the education of children
with disabilities, including:
(i) The State educational agency (SEA).
(ii) Local educational agencies (LEAs), including charter schools.
(iii) Other State agencies and schools (such as the Department of Health and Human
Services and State schools for children with deafness or children with blindness).
(iv) State and local juvenile and adult correctional facilities; and
(2) Are binding on each public agency in the State that provides special education and related
services to children with disabilities, regardless of whether that agency is receiving funds
under Part B of the IDEA.
(b) Private schools and facilities. Each public agency in the State is responsible for ensuring that the
rights and protections under Part B of the IDEA are given to children with disabilities--
(1) Referred to or placed in private schools and facilities by that public agency; or
(2) Placed in private schools by their parents under the provisions of NC 1501-8.
(Authority: 20 U.S.C. 1412; 34 CFR 300.2; 115C-106.1-.2)
NC 1500-2 Definitions
NC 1500-2.1 Adapted physical education
(a) Children with disabilities shall have equal access to the provision of physical education. Physical
education includes the development of:
(1) Physical and motor fitness;
(2) Fundamental motor skills and patterns; and
(3) Skills in individual and group games, sports, and activities (including intramural and life-time
sports).
Policies Governing Services for Children with Disabilities June 2010
NC 1500-General 2
(b) If a child with a disability cannot participate in the regular physical education program,
individualized instruction in physical education designed to meet the unique needs of the child shall
be provided. Physical education may include:
(1) Modified physical education,
(2) Adapted/special physical education,
(3) Movement education, and
(4) Motor development.
(c) Modified physical education is appropriate for a child who can participate in the general physical
education program with accommodations or modifications. These modifications can include
changing rules, equipment, time limits, etc. It can also include supports such as a sign language
interpreter.
(d) Adapted physical education (also called specially designed or special physical education) is
instruction in physical education that is designed on an individual basis specifically to meet the
needs of a child with a disability.
(Authority: 20 U.S.C. 1401; 34 CFR 300.39(2)(3))
NC 1500-2.2 Assistive technology device
Assistive technology device means any item, piece of equipment, or product system, whether acquired
commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the
functional capabilities of a child with a disability. The term does not include a medical device that is
surgically implanted, or the replacement of that device.
(Authority: 20 U.S.C. 1401(1); 34 CFR 300.5)
NC 1500-2.3 Assistive technology service
Assistive technology service means any service that directly assists a child with a disability in the
selection, acquisition, or use of an assistive technology device. The term includes--
(a) The evaluation of the needs of a child with a disability, including a functional evaluation of the
child in the child's customary environment;
(b) Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices for
use by children with disabilities;
(c) Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing
assistive technology devices;
(d) Coordinating and using other therapies, interventions, or services with assistive technology devices,
such as those associated with existing education and rehabilitation plans and programs;
(e) Training or technical assistance for a child with a disability or, if appropriate, that child's family;
and
(f) Training or technical assistance for professionals (including individuals providing education or
rehabilitation services), employers, or other individuals who provide services to, employ, or are
otherwise substantially involved in the major life functions of that child.
(Authority: 20 U.S.C. 1401(2); 34 CFR 300.6)
Policies Governing Services for Children with Disabilities June 2010
NC 1500-General 3
NC 1500-2.4 Child with a disability
(a) General
(1) Child with a disability means a child evaluated in accordance with NC 1503-2 through NC
1503-3 as having autism, deaf-blindness, deafness, developmental delay (applicable only to
children ages three through seven), hearing impairment, intellectual disability, multiple
disabilities, orthopedic impairment, other health impairment, serious emotional disability,
specific learning disability, speech or language impairment, traumatic brain injury, or visual
impairment (including blindness), and who, by reason of the disability, needs special
education and related services.
(2) (i) If it is determined, through an appropriate evaluation under NC 1503-2 through NC
1503-3, that a child has one of the disabilities identified in paragraph (a)(1) of this
section, but only needs a related service and not special education, the child is not a
child with a disability under IDEA.
(ii) If the only service required by the child is speech language, it is considered special
education rather than a related service and the child would be determined to be a child
with a disability under paragraph (a)(1) of this section.
(b) Definitions of disability terms. The terms used in this definition of a child with a disability are
defined as follows:
(1) Autism, sometimes called autism spectrum disorder,
(i) means a developmental disability significantly affecting verbal and nonverbal
communication and social interaction, generally evident before age three, that
adversely affects a child's educational performance. Other characteristics often
associated with autism are engagement in repetitive activities and stereotypical
movements, restricted interests, resistance to environmental change or change in daily
routines, and unusual responses to sensory experiences. This impairment may include:
Autistic Disorder, Pervasive Developmental Disorder-Not Otherwise Specified
(Atypical Autism), Asperger’s Disorder, Rett’s Disorder, Childhood Disintegrative
Disorder or all Pervasive Developmental Disorders.
(ii) Autism does not apply if a child’s educational performance is adversely affected
primarily because the child has an emotional disability, as described in paragraph (b)(5)
of this section.
(iii) A child who manifests the characteristics of autism after age three could be identified
as having autism if the criteria in paragraph (i) of this section are satisfied.
(2) Deaf-blindness means hearing and visual impairments that occur together, the combination of
which causes such severe communication and other developmental and educational needs that
they cannot be accommodated in special education programs solely for children with
deafness or children with blindness.
(3) Deafness means a hearing impairment that is so severe that the child is impaired in processing
linguistic information through hearing, with or without amplification that adversely affects
the child’s educational performance.
(4) Developmental delay means a child aged three through seven, whose development and/or
behavior is delayed or atypical, as measured by appropriate diagnostic instruments and
procedures, in one or more of the following areas: physical development, cognitive
development, communication development, social or emotional development, or adaptive
development, and who, by reason of the delay, needs special education and related services.
(5) Serious emotional disability (hereafter referred to as emotional disability)
(i) means a condition exhibiting one or more of the following characteristics over a long
period of time and to a marked degree that adversely affects a child's educational
performance:
Policies Governing Services for Children with Disabilities June 2010
NC 1500-General 4
(A) An inability to make educational progress that cannot be explained by
intellectual, sensory, or health factors.
(B) An inability to build or maintain satisfactory interpersonal relationships with
peers and teachers.
(C) Inappropriate types of behavior or feelings under normal circumstances.
(D) A general pervasive mood of unhappiness or depression.
(E) A tendency to develop physical symptoms or fears associated with personal or
school problems.
(ii) Serious emotional disability includes schizophrenia. The term does not apply to
children who are socially maladjusted, unless it is determined that they have an
emotional disturbance under paragraph (b)(5)(i) of this section.
(6) Hearing impairment means impairment in hearing, whether permanent or fluctuating, that
adversely affects a child’s educational performance but that is not included under the
definition of deafness in this section. The term “hard of hearing” may be used in this
capacity.
(7) Intellectual disability means significantly subaverage general intellectual functioning that
adversely affects a child’s educational performance existing concurrently with deficits in
adaptive behavior and manifested during the developmental period.
(8) Multiple disabilities means two or more disabilities occurring together (such as intellectual
disability-blindness, intellectual disability-orthopedic impairment, etc.), the combination of
which causes such severe educational needs that they cannot be accommodated in special
education programs solely for one of the impairments. Multiple disabilities does not include
deaf-blindness.
(9) Orthopedic impairment means a severe physical impairment that adversely affects a child's
educational performance. The term includes impairments caused by a congenital anomaly,
impairments caused by disease (e.g., poliomyelitis, bone tuberculosis, etc.), and impairments
from other causes (e.g., cerebral palsy, amputations, and fractures or burns that cause
contractures, etc.).
(10) Other health impairment means having limited strength, vitality or alertness, including a
heightened alertness to environmental stimuli, that results in limited alertness with respect to
the educational environment, that--
(i) Is due to chronic or acute health problems such as asthma, attention deficit disorder or
attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition,
hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia,
and Tourette’s Syndrome, etc.; and
(ii) Adversely affects a child's educational performance.
(11) Specific learning disability.
(i) General. Means a disorder in one or more of the basic psychological processes
involved in understanding or in using language, spoken or written, that may manifest
itself in the impaired ability to listen, think, speak, read, write, spell, or to do
mathematical calculations, including conditions such as perceptual disabilities, brain
injury, minimal brain dysfunction, dyslexia, and developmental aphasia.
(ii) Disorders not included. Specific learning disability does not include learning problems
that are primarily the result of visual, hearing, or motor disabilities, of mental
retardation, of serious emotional disturbance, or of environmental, cultural, or
economic disadvantage.
(12) Speech or language impairment means-
(i) A communication disorder, such as an impairment in fluency, articulation, language, or
voice/resonance that adversely affects a child's educational performance.
Policies Governing Services for Children with Disabilities June 2010
NC 1500-General 5
(ii) Language may include function of language (pragmatic), the content of language
(semantic), and the form of language (phonologic, morphologic, and syntactic
systems).
(iii) A speech or language impairment may result in a primary disability or it may be
secondary to other disabilities.
(13) Traumatic brain injury means an acquired injury to the brain caused by an external physical
force, resulting in total or partial functional disability or psychosocial impairment, or both,
that adversely affects a child's educational performance. Traumatic brain injury applies to
open or closed head injuries resulting in impairments in one or more areas, such as cognition;
language; memory; attention; reasoning; abstract thinking; judgment; problem-solving;
sensory, perceptual, and motor abilities; psychosocial behavior; physical functions;
information processing; and speech. Traumatic brain injury does not apply to brain injuries
that are congenital or degenerative, or to brain injuries induced by birth trauma.
(14) Visual impairment including blindness means an impairment in vision that, even with
correction, adversely affects a child's educational performance. The term includes both
partial sight and blindness. A visual impairment is the result of a diagnosed ocular or cortical
pathology.
(Authority: 20 U.S.C. 1401(3); 1401(30); 34 CFR 300.8; 115C-106.3(1)(2))
NC 1500-2.5 Consent
Consent means that--
(a) The parent has been fully informed of all information relevant to the activity for which consent is
sought, in his or her native language, or other mode of communication;
(b) The parent understands and agrees in writing to the carrying out of the activity for which his or her
consent is sought, and the consent describes that activity and lists the records (if any) that will be
released and to whom; and
(c) (1) The parent understands that the granting of consent is voluntary on the part of the parent and
may be revoked at anytime.
(2) If a parent revokes consent, that revocation is not retroactive (i.e., it does not negate an action
that has occurred after the consent was given and before the consent was revoked).
(3) If the parent revokes consent in writing for their child’s receipt of special education services
after the child is initially provided special education and related services, the public agency is
not required to amend the child’s education records to remove any references to the child’s
receipt of special education and related services because of the revocation of consent.
(Authority: 20 U.S.C. 1414(a)(1)(D); 34 CFR 300.9)
NC 1500-2.6 Core academic subjects
Core academic subjects means English, reading or language arts, mathematics, science, foreign
languages, civics and government, economics, arts, history, and geography.
(Authority: 20 U.S.C. 1401(4); 34 CFR 300.10)
NC 1500-2.7 Day; business day; school day
(a) Day means calendar day unless otherwise indicated as a business day or school day.
(b) Business day means Monday through Friday, except for Federal and State holidays.
(c) (1) School day means any day, including a partial day, that children are in attendance at school for
Policies Governing Services for Children with Disabilities June 2010
NC 1500-General 6
instructional purposes.
(2) School day has the same meaning for all children in school, including children with and
without disabilities.
(Authority: 20 U.S.C. 1221e-3; 34 CFR 300-11)
NC 1500-2.8 Early intervening services
The term early intervening services refers to the delivery of scientifically based instruction/interventions
to students who demonstrate academic or behavioral difficulty. Instruction/interventions are intended for
students who are not currently identified as needing special education but who need additional support to
succeed in the classroom. Early intervening services also include the provision of professional
development for teachers and staff to enable them to deliver appropriate instruction/intervention along
with instruction in literacy and the use of adaptive and instructional software.
(Authority: 34 CFR 300.222; 300.646)
NC 1500-2.9 Elementary School
Elementary school means a nonprofit institutional day or residential school, including a public elementary
charter school that provides elementary education, as determined under State law.
(Authority: 20 U.S.C. 1401(6); 34 CFR 300.13)
NC 1500-2.10 Equipment
Equipment means--
(a) Machinery, utilities, and built-in equipment, and any necessary enclosures or structures to house the
machinery, utilities, or equipment; and
(b) All other items necessary for the functioning of a particular facility as a facility for the provision of
educational services, including items such as instructional equipment and necessary furniture;
printed, published and audio-visual instructional materials; telecommunications, sensory, and other
technological aids and devices; and books, periodicals, documents, and other related materials.
(Authority: 20 U.S.C. 1401(7); 34 CFR 300.14)
NC 1500-2.11 Evaluation
(a) General
Evaluation means procedures used in accordance with NC 1503-2 through NC 1503-3 to determine
whether a child has a disability and the nature and extent of the special education and related
services that the child needs.
A full and individualized evaluation of a child's needs must be conducted before any action is taken
with respect to the initial placement of a student with a disability in a special education program.
Eligibility of children must be determined by using multiple sources of data and must not be
dependent upon single test scores. Evaluation procedures may include, but are not limited to,
observations, interviews, behavior checklists, structured interactions, play assessment, adaptive and
developmental scales, criterion-referenced and norm referenced instruments, clinical judgment, and
Policies Governing Services for Children with Disabilities June 2010
NC 1500-General 7
tests of basic concepts or other techniques and procedures as deemed appropriate by the
professional(s) conducting the evaluations.
Note: The determination of needed screenings and evaluations is based upon the unique needs of
the student and not solely on the requirements for the suspected disability category.
(b) Definitions of evaluations and screenings. Evaluations and screenings for determining eligibility for
special educational services are defined as follows:
(1) Adaptive Behavior Evaluation
The adaptive behavior evaluation refers primarily to the effectiveness with which the
individual generally meets the standards of personal independence and social responsibility
expected of his/her age and cultural group. It has two major facets:
(i) the extent to which the individual is able to function independently; and
(ii) the extent to which he/she satisfactorily meets the culturally imposed demands of
personal and social responsibility. Evaluations of adaptive behavior look at the total
environment of the child. Adaptive behavior information shall be obtained from two
sources, one of which must be the child’s parent, as defined by NC 1500-2.24, unless
attempts to gather parental input are not successful. Unsuccessful attempts to obtain
adaptive behavior input from the parent must be documented. An adaptive behavior
evaluation may be included as part of the psychological evaluation, and for preschool
children, it also may be part of the educational evaluation. It must be conducted by
professional personnel who are trained in the assessment of adaptive behavior and in
the interpretation of the assessment results.
(2) Audiological Evaluation
An audiological evaluation is an examination by a licensed audiologist to determine auditory
acuity, auditory perception, and amplification needs. Whenever possible, the evaluation shall
include air conduction testing, bone conduction testing, acoustic immittance measures (e.g.
tympanometry), speech reception, discrimination and/or perception testing with amplification
and without amplification. When behavioral audiometric testing is not feasible or is
unreliable, auditory brain stem responses and/or otacoustic emissions are to be used.
(3) Braille Skills Inventory/Learning Media Assessment
The inventory/assessment is an appraisal of the child's most efficient reading medium (Braille
and/or print). Items to be considered may include, but are not limited to, noting the working
distance from the page, reading rates and accuracy, visual fatigue, and tactile discrimination.
(4) Functional Vision Assessment
A functional vision assessment is an assessment conducted by a licensed teacher of children
with visual impairments, or other qualified personnel that provides information on how a
student uses vision in familiar and unfamiliar educational and functional settings. It is
intended to inform about the impact of a vision condition on a student’s learning.
(5) Educational Evaluation
An educational evaluation is an evaluation of a child’s educational functioning in relation to
his/her current educational program. The results of this evaluation are expressed in terms of
both the child’s academic and/or developmental strengths and needs. This evaluation must be
comprehensive, using a full range of available instruments and observations, including
diagnostic tests and other appropriate formal and informal measures, such as curriculum
based measurement. An educational evaluation must be conducted by a licensed teacher or
other appropriate professional, unless additional restrictions are defined by the authors of the
evaluation instrument, and should measure the child’s progress in learning and skill
acquisition. If educational strengths and needs have been addressed and reported as part of
other required evaluations (e.g. psychological evaluation), then no further educational
evaluation is needed.
(6) Health Screening
Health screening may include, but is not necessarily limited to, as many of the following
Policies Governing Services for Children with Disabilities June 2010
NC 1500-General 8
areas as may be appropriate: vision screening, hearing screening, dental screening, review of
health history, review of developmental milestones, assessment of physical growth and
assessment of nutritional status. Health screening may be performed by a school nurse or
other appropriately trained persons.
(7) Medical Evaluation
Evaluations in this area must be conducted by appropriately trained and/or licensed health
professionals.
(8) Motor Screening
Motor screening includes reviewing written and verbal information, observing the child in a
variety of settings and/or administering screening instruments to determine adequacy of
motoric functioning and need for further evaluation. Persons who may screen motor skills
are psychologists, specially trained teachers of children with disabilities including adapted
physical education teachers, occupational therapists, physical therapists, and other health
professionals.
(9) Motor Evaluation
A motor evaluation obtains and provides information to assess a student's current level of
motoric functioning and any problems encountered in performing motor tasks. This
information may be collected through review of educational and medical records; interviews
with teachers, parents, and others, including the student; clinical observations; and the
administration of formal testing instruments, procedures, and techniques. A motor evaluation
should include, but is not limited to, as many of the areas listed below as may be appropriate:
(i) musculo-skeletal status;
(ii) neuromotor/neurodevelopmental status;
(iii) gross-motor development and coordination;
(iv) fine-motor development and coordination;
(v) sensory-motor skills;
(vi) visual-motor skills;
(vii) bilateral coordination;
(viii) postural control and balance skills;
(ix) praxis/motor planning skills;
(x) oral-motor skills; and
(xi) gait and functional mobility skills.
Motor evaluations are performed by physical therapists or occupational therapists. Oral-motor
skills may be assessed by speech-language pathologists when appropriate.
(10) Observation
Observations of school aged children usually occur in the regular classroom and/or settings
related to the area(s) of concern and must document areas of strength as well as areas of need.
Observations of school aged children shall assess academic skills and functional skills, which
includes behavior.
Observations of preschool children should occur in the natural environment; that is, the
setting within the community where preschool children without disabilities usually are found
(home, child care, preschool classes, Head Start, etc.) and must document areas of strength
and areas which are the focus of concern. Observational data on preschool children may
include interactions with persons and objects, and compliance with structure, taking into
consideration age-appropriate expectations.
Observations may be conducted by a teacher (who is not the teacher of the child), social
worker, program coordinator, school psychologist, related services provider or other involved
professional.
(11) Ophthalmological or Optometric Evaluation
An ophthalmological or optometric evaluation is an evaluation by an ophthalmologist or
optometrist to determine visual acuity and function and whether or not magnification is
Policies Governing Services for Children with Disabilities June 2010
NC 1500-General 9
needed.
(12) Otological Evaluation
An otological evaluation is an evaluation by a licensed otologist to determine the presence or
absence of ear pathology and the need for medical treatment.
(13) Psychological Evaluation
A psychological evaluation includes those procedures utilized by a psychologist. The
evaluation should include an assessment of cognitive functioning and may also include, but
not be limited to, assessments of educational performance, social/emotional/behavioral
functioning, and adaptive behavior. Procedures used by the psychologist may include formal
and informal assessment measures, observations, interviews, and other techniques as deemed
appropriate by the psychologist. The assessment of cognition may include intelligence,
memory, reasoning, problem solving, attending, and processing. Where these instruments are
clearly inappropriate as standardized, the psychologist should use his/her professional
judgment about the selection of instruments for assessing the intellectual functioning of
children. Psychological evaluations shall be performed by DPI or Board licensed
psychologists. School psychologists employed by the public schools must be licensed by the
State Department of Public Instruction. Psychologists contracting with schools on a private
basis must be licensed as psychological associates or practicing psychologists by the North
Carolina Psychology Board. When contracting with state agencies for psychological
services, the local education agency’s contract must be with the agency and not with the
individual psychologist.
(14) Social/Developmental History
A social history documents normal and abnormal developmental and/or medical events and
includes a review of information gathered during the screening process. For preschool
children, a social history must include an assessment of family composition, support systems,
stressors, and environment as they correlate with the child's need or special services. The
history also must include the family's or caregiver's perspective about the child and the need
for special services. The history may be obtained by a licensed social worker, special
educator, psychologist, counselor, nurse, teacher or other appropriate persons.
(15) Speech-Language Screening
Speech-language screening quickly and reliably provides information in the areas of
articulation, expressive and receptive language, voice and fluency for determining which
students have communication within normal limits and which ones need to be referred for
further evaluation.
(16) Speech-Language/Communication Evaluation
A speech-language evaluation includes the following aspects of speech-language:
articulation, fluency, voice, and language (form, content, and function). A screening of areas
not addressed in depth, including: hearing, articulation, language, voice, and fluency should
be completed during every evaluation. A variety of assessment tools and strategies to gather
relevant functional, developmental, and academic information must be used. Assessment
instruments may include: interviews; curriculum-based dynamic assessment tools or criterion
referenced tests; and norm referenced tests. Areas of assessment may also include
augmentative communication and pragmatics, as appropriate. For a student to be considered
for intervention, the student’s speech, language, voice, or fluency must be determined to have
an adverse effect on educational performance. A speech-language evaluation is conducted by
a speech-language pathologist licensed by the State Department of Public Instruction and/or
licensed by the State of North Carolina.
(17) Vocational Evaluation
Vocational evaluation is a process involving an interdisciplinary team approach in assessing
an individual's vocational potential, training and work placement needs.
Policies Governing Services for Children with Disabilities June 2010
NC 1500-General 10
(Authority: 20 U.S.C. 1414(a)—(c); 34 CFR 300.15)
NC 1500-2.12 Excess costs
Excess costs means those costs that are in excess of the average annual per-student expenditure in an LEA
during the preceding school year for an elementary school or secondary school student, as may be
appropriate, and that must be computed after deducting--
(a) Amounts received--
(1) Under Part B of the IDEA;
(2) Under Part A of Title I of the ESEA; and
(3) Under Parts A and B of Title III of the ESEA and;
(b) Any State or local funds expended for programs that would qualify for assistance under any of the
parts described in paragraph (a) of this section, but excluding any amounts for capital outlay or debt
service.
(Authority: 20 U.S.C. 1401(8); 34 CFR 300.16)
NC 1500-2.13 Free appropriate public education
Free appropriate public education or FAPE means special education and related services that--
(a) Are provided at public expense, under public supervision and direction, and without charge;
(b) Meet the standards of the SEA, including the requirements of IDEA;
(c) Include an appropriate preschool, elementary school, or secondary school education; and
(d) Are provided in conformity with an individualized education program (IEP) that meets the
requirements of NC 1503-4 and NC 1503-5.1.
(Authority: 20 U.S.C. 1401(9); 34 CFR 300.17; 115C-106.3(4))
NC 1500-2.14 Highly qualified special education teacher
(a) Requirements for special education teachers teaching core academic subjects. For any public
elementary or secondary school special education teacher teaching core academic subjects, the term
highly qualified has the meaning given the term in section 9101 of the ESEA and 34 CFR 200.56,
except that the requirements for highly qualified also--
(1) Include the requirements described in paragraph (b) of this section; and
(2) Include the option for teachers to meet the requirements of section 9101 of the ESEA by
meeting the requirements of paragraphs (c) and (d) of this section.
(b) Requirements for special education teachers.
(1) When used with respect to any public elementary school or secondary school special
education teacher teaching in a State, highly qualified means that--
(i) The teacher has obtained full State certification as a special education teacher
(including certification obtained through alternative routes to certification), or passed
the State special education teacher licensing examination, and holds a license to teach
in the State as a special education teacher;
(ii) The teacher has not had special education certification or licensure requirements
waived on an emergency, temporary, or provisional basis; and
(iii) The teacher holds at least a bachelor’s degree.
(2) A teacher will be considered to meet the standard in paragraph (b)(1)(i) of this section if that
teacher is participating in an alternative route to certification program under which--
(i) The teacher--
Policies Governing Services for Children with Disabilities June 2010
NC 1500-General 11
(A) Receives high-quality professional development that is sustained, intensive, and
classroom-focused in order to have a positive and lasting impact on classroom
instruction, before and while teaching;
(B) Participates in a program of intensive supervision that consists of structured
guidance and regular ongoing support for teachers or a teacher mentoring
program;
(C) Assumes functions as a teacher only for a specified period of time not to exceed
three years; and
(D) Demonstrates satisfactory progress toward full certification as prescribed by the
State; and
(ii) The State ensures, through its certification and licensure process, that the provisions in
paragraph (b)(2)(i) of this section are met.
(3) Any public elementary school or secondary school special education teacher teaching in the
State, who is not teaching a core academic subject, is highly qualified if the teacher meets the
requirements of paragraph (b)(1) or (b)(2) of this section.
(c) Requirements for special education teachers teaching to alternate achievement standards. When
used with respect to a special education teacher who teaches core academic subjects exclusively to
children who are assessed against alternate achievement standards established under 34 CFR
200.1(d), highly qualified means the teacher, whether new or not new to the profession, may either--
(1) Meet the applicable requirements of section 9101 of the ESEA and 34 CFR 200.56 for any
elementary, middle, or secondary school teacher who is new or not new to the profession; or
(2) Meet the requirements of subparagraph (B) or (C) of section 9101(23) of the ESEA as applied
to an elementary school teacher, or, in the case of instruction above the elementary level,
meet the requirements of subparagraph (B) or (C) of section 9101(23) of the ESEA as applied
to an elementary school teacher and have subject matter knowledge appropriate to the level of
instruction being provided, as determined by the State, needed to effectively teach to those
standards.
(d) Requirements for special education teachers teaching multiple subjects. When used with respect to
a special education teacher who teaches two or more core academic subjects exclusively to children
with disabilities, highly qualified means that the teacher may either--
(1) Meet the applicable requirements of section 9101 of the ESEA and 34 CFR 200.56(b) or (c);
(2) In the case of a teacher who is not new to the profession, demonstrate competence in all the
core academic subjects in which the teacher teaches in the same manner as is required for an
elementary, middle, or secondary school teacher who is not new to the profession under 34
CFR 200.56(c) which may include a single, high objective uniform State standard of
evaluation (HOUSSE) covering multiple subjects; or
(3) In the case of a new special education teacher who teaches multiple subjects, and who is
highly qualified in mathematics, language arts, or science, demonstrate, not later than two
years after the date of employment, competence in the other core academic subjects in which
the teacher teaches in the same manner as is required for an elementary, middle, or secondary
school teacher under 34 CFR 200.56(c), which may include a single HOUSSE covering
multiple subjects.
(e) Separate HOUSSE standards for special education teachers. Provided that any adaptations of the
State’s HOUSSE would not establish a lower standard for the content knowledge requirements for
special education teachers and meets all requirements for a HOUSSE for regular education
teachers--
(1) The State may develop a separate HOUSSE for special education teachers; and
(2) The standards described in paragraph (e)(1) of this section may include a single HOUSSE
evaluation that covers multiple subjects.
(f) Rule of construction. Notwithstanding any other individual right of action that a parent or student
may maintain under these Policies, nothing in this part shall be construed to create a right of action
Policies Governing Services for Children with Disabilities June 2010
NC 1500-General 12
on behalf of an individual student or class of students for the failure of a particular SEA or LEA
employee to be highly qualified, or to prevent a parent from filing a complaint under NC 1501-10
about staff qualifications with the SEA as provided for under these Policies.
(g) Applicability of definition to ESEA; and clarification of new special education teacher.
(1) A teacher who is highly qualified under this section is considered highly qualified for
purposes of the ESEA.
(2) For purposes of NC 1500- 2.14(d)(3), a fully certified regular education teacher who
subsequently becomes fully certified or licensed as a special education teacher is a new
special education teacher when first hired as a special education teacher.
(h) Private school teachers not covered. The requirements in this section do not apply to teachers hired
by private elementary schools and secondary schools including private school teachers hired or
contracted by LEAs to provide equitable services to parentally-placed private school children with
disabilities under NC 1501-6.9.
(Authority: 20 U.S.C. 1401(10); 34 CFR 300.18)
NC 1500-2.15 Homeless children
Homeless children has the meaning given the term homeless children and youths in section 725 (42
U.S.C. 11434a) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434(a)) and means
individuals who lack a fixed, regular, and adequate night-time residence and includes:
- Children and youths who are sharing housing of other persons due to loss of housing,
economic hardship, or similar reason;
- Children and youths who are living in motels, hotels, temporary trailer parks, or camping
grounds due to lack of alternative adequate accommodations;
- Children and youths who are living in emergency or transitional shelters;
- Children and youths who are abandoned in hospitals or awaiting foster care placement;
- Children and youths who have a primary night-time residence that is a public or private place
not designed for or ordinarily used as a regular sleeping accommodation for human beings;
- Children and youths who are living in cars, parks, public spaces, abandoned buildings,
substandard housing, bus or train stations, or similar settings; and
- Migratory children (as defined by public school law) who qualify as homeless for the
purposes of this subtitle because the children are living in circumstances described above.
(Authority: 20 U.S.C. 1401(11); 34 CFR 300.19)
NC 1500-2.16 Individualized education program
Individualized education program or IEP means a written statement for a child with a disability that is
developed, reviewed, and revised in accordance with NC 1503-4 through NC 1503-5.1.
(Authority: 20 U.S.C. 1401(14); 34 CFR 300.22; 115C-106.3(8))
NC 1500-2.17 Individualized education program team
Individualized education program team or IEP Team means a group of individuals consisting of an LEA
representative, parent of a child with a disability, regular education teacher of the child, special education
teacher of the child, and others as described in NC 1503-4.2 that is responsible for developing, reviewing,
or revising an IEP for a child with a disability.
(Authority: 20 U.S.C. 1414(d)(1)(B); 34 CFR 300.23; 115C-106.3(7))
Policies Governing Services for Children with Disabilities June 2010
NC 1500-General 13
NC 1500-2.18 Individualized family service plan
Individualized family service plan or IFSP has the meaning given the term in section 636 of IDEA.
(Authority: 20 U.S.C. 1401(15); 34 CFR 300.24)
NC 1500-2.19 Infant or toddler with a disability
Infant or toddler with a disability –
(a) Means an individual under three years of age who needs early intervention services because the
individual -
(1) Is experiencing developmental delays, as measured by appropriate diagnostic instruments and
procedures in one or more areas of cognitive development, physical development,
communication development, social or emotional development, and adaptive development; or
(2) Has a diagnosed physical or mental condition that has a high probability of resulting in
developmental delay.
(Authority: 20 U.S.C. 1401(16) and 1432(5); 34 CFR 300.25)
NC 1500-2.20 Limited English proficient
Limited English proficient has the meaning given the term in section 9101(25) of the ESEA.
(Authority: 20 U.S.C. 1401(18); 34 CFR 300.27)
NC 1500-2.21 Least restrictive environment (LRE)
Least restrictive environment means that, to the maximum extent appropriate, children with disabilities
shall be educated with children who are not disabled, and special classes, separate schooling, or other
removal of children with disabilities from the regular educational environment occurs only when the
nature of the disability is such that education in the regular classes with the use of supplementary aids and
services cannot be achieved satisfactorily.
(Authority: 20 U.S.C. 1412; 34 CFR 300.114; 115C-106.3(10))
NC 1500-2.22 Local educational agency
(a) General. Local educational agency or LEA means a public board of education or other public
authority legally constituted within the State for either administrative control or direction of, or to
perform a service function for, public elementary or secondary schools in a city, county, township,
school district, or other political subdivision of the State, or for a combination of school districts or
counties as are recognized in the State as an administrative agency for its public elementary schools
or secondary schools.
(b) Other public institutions or agencies. The term includes any other public institution or agency
having administrative control and direction of a public elementary school or secondary school,
including a public nonprofit charter school that is established as an LEA under State law, including
the Department of Health and Human Services, the Department of Correction, and the Department
of Juvenile Justice and Delinquency Prevention.
(Authority: 20 U.S.C. 1401(19); 34 CFR 300.28; 115C-106.3(11))
Policies Governing Services for Children with Disabilities June 2010
NC 1500-General 14
NC 1500-2.23 Native language
(a) Native language, when used with respect to an individual who is limited English proficient, means
the following:
(1) The language normally used by that individual, or, in the case of a child, the language
normally used by the parents of the child, except as provided in paragraph (a)(2) of this
section.
(2) The language normally used by the child in the home or learning environment (to be used in
all direct contact with a child, including evaluation of the child).
(b) For an individual with deafness or blindness, or for an individual with no written language, the
mode of communication is that normally used by the individual (such as sign language, Braille, or
oral communication).
(Authority: 20 U.S.C. 1401(20); 34 CFR 300.29)
NC 1500-2.24 Parent
(a) Parent means--
(1) A biological or adoptive parent of a child;
(2) A foster parent, unless State law, regulations, or contractual obligations with a State or local
entity prohibit a foster parent from acting as a parent (e.g. therapeutic foster parent);
(3) A guardian generally authorized to act as the child’s parent, or authorized to make
educational decisions for the child (but not the State if the child is a ward of the State);
(4) An individual acting in the place of a biological or adoptive parent (including a grandparent,
stepparent, or other relative) with whom the child lives, or an individual who is legally
responsible for the child’s welfare; or
(5) A surrogate parent who has been appointed in accordance with §300.519 or section 639(a)(5)
of the Act.
(b) (1) Except as provided in paragraph (b)(2) of this section, the biological or adoptive parent, when
attempting to act as the parent under this part and when more than one party is qualified
under paragraph (a) of this section to act as a parent, must be presumed to be the parent for
purposes of this section unless the biological or adoptive parent does not have legal authority
to make educational decisions for the child.
(2) If a judicial decree or order identifies a specific person or persons under paragraphs (a)(1)
through (4) of this section to act as the ‘‘parent’’ of a child or to make educational decisions
on behalf of a child, then such person or persons shall be determined to be the ‘‘parent’’ for
purposes of this section.
(Authority: 20 U.S.C. 1401(23); 34 CFR 300.30)
NC 1500-2.25 Parent training and information center
Parent training and information center means a center assisted under sections 671 or 672 of the IDEA.
The Exceptional Children’s Assistance Center (ECAC) is North Carolina’s parent training and
information center.
(Authority: 20 U.S.C. 1401(25); 34 CFR 300.31)
Policies Governing Services for Children with Disabilities June 2010
NC 1500-General 15
NC 1500-2.26 Personally identifiable
Personally identifiable means information that contains--
(a) The name of the child, the child's parent, or other family member;
(b) The address of the child;
(c) A personal identifier, such as the child's date of birth, social security number or student number; or
(d) A list of personal characteristics or other information that would make it possible to identify the
child with reasonable certainty.
(Authority: 20 U.S.C. 1415(a); 34 CFR 300.32)
NC 1500-2.27 Public agency
Public agency includes the SEA, LEAs, and State-operated Programs (SOPs) that are responsible for
providing education to children with disabilities.
(Authority: 20 U.S.C. 1412(a)(11); 34 CFR 300.33)
NC 1500-2.28 Related services
(a) General. Related services means transportation and such developmental, corrective, and other
supportive services as are required to assist a child with a disability to benefit from special
education. Related services include, but are not limited to, speech-language pathology and
audiology services, interpreting services, psychological services, physical and occupational therapy,
recreation, including therapeutic recreation, early identification and assessment of disabilities in
children, counseling services, including rehabilitation counseling, orientation and mobility services,
and medical services for diagnostic or evaluation purposes. Related services also include school
health services and school nurse services, social work services in schools and parent counseling and
training.
(b) Exception: services that apply to children with surgically implanted devices, including cochlear
implants.
(1) Related services do not include a medical device that is surgically implanted, the optimization
of device functioning (e.g. mapping), maintenance of the device, or the replacement of that
device.
(2) Nothing in paragraph (b)(1) of this section –
(i) Limits the rights of the child with a surgically implanted device (e.g. cochlear implant)
to receive related services (as listed in paragraph (a) of this section) that are determined
by the IEP Team to be necessary for the child to receive FAPE;
(ii) Limits the responsibility of a public agency to appropriately monitor and maintain
medical devices that are needed to maintain health and safety of the child, including
breathing, nutrition, or operation of other bodily functions while the child is transported
to and from school or is at school; or
(iii) Prevents the routine checking of an external component of a surgically implanted
device to make sure it is functioning properly, as required by NC 1501-2.11.
(c) Individual related services terms defined. The terms used in this definition are defined as follows:
(1) Audiology includes--
(i) Identification of children with hearing loss;
(ii) Determination of the range, nature, and degree of hearing loss, including referral for
medical or other professional attention for the habilitation of hearing;
(iii) Provision of habilitative activities, such as language habilitation, auditory training,
speech reading (lip-reading), hearing evaluation, and speech conservation;
Policies Governing Services for Children with Disabilities June 2010
NC 1500-General 16
(iv) Creation and administration of programs for prevention of hearing loss;
(v) Counseling and guidance of children, parents, and teachers regarding hearing loss; and
(vi) Determination of children's needs for group and individual amplification, selecting and
fitting an appropriate aid, and evaluating the effectiveness of amplification.
(2) Counseling services means services provided by qualified social workers, psychologists,
guidance counselors, or other qualified personnel.
(3) Early identification and assessment of disabilities in children means the implementation of a
formal plan for identifying a disability as early as possible in a child's life.
(4) Interpreting services, includes –
(i) The following, when used with respect to children who are deaf or hard of hearing:
Oral transliteration services, cued language transliteration services, and sign language
transliteration and interpreting services, and transcription services, such as
communication access real-time translation (CART), C-Print, and TypeWell; and
(ii) Special interpreting services for children who are deaf-blind.
(5) Medical services means services provided by a licensed physician to determine a child's
medically related disability that results in the child's need for special education and related
services.
(6) Occupational therapy means--
Student centered continuum of services provided by a licensed occupational therapist or a
licensed and supervised occupational therapy assistant. These services assist a student to
engage in meaningful and/or necessary occupations that allow a student to participate in and
benefit from special education. These occupations may include student role/interaction skills,
learning academics and process skills, personal care, play and recreation, written
communication, and community integration and work. Occupational therapy services may
include:
(i) Screening, evaluation, intervention, and documentation;
(ii) Assistance with occupational performance when impaired or lost;
(iii) Modification of environments (both human and physical) and tasks, and selection,
design, and fabrication of assistive devices and other assistive technology to facilitate
development, promote the acquisition of functional skills, and engagement in
meaningful occupations;
(iv) Integration of occupational therapy interventions into a student’s educational program
to assist the student in participation and acquisition of goals;
(v) Collaboration with appropriate individuals to meet student’s needs including transition
planning; and
(vi) Provide education and information to families and school personnel to assist with
planning and problem solving.
(7) Orientation and mobility services--
(i) Means services provided to children with blindness or visual impairment by qualified
personnel to enable those students to attain systematic orientation to and safe
movement within their environments in school, home, and community; and
(ii) Includes teaching students the following, as appropriate:
(A) Spatial and environmental concepts and use of information received by the
senses (such as sound, temperature and vibrations) to establish, maintain, or
regain orientation and line of travel (e.g., using sound at a traffic light to cross the
street);
(B) To use the long cane or a service animal to supplement visual travel skills or as a
tool for safely negotiating the environment for students with no available travel
vision;
(C) To understand and use remaining vision and distance low vision aids; and
(D) Other concepts, techniques, and tools.
Policies Governing Services for Children with Disabilities June 2010
NC 1500-General 17
(8) Parent counseling and training means--
(i) Assisting parents in understanding the special needs of their child;
(ii) Providing parents with information about child development; and
(iii) Helping parents to acquire the necessary skills that will allow them to support the
implementation of their child's IEP or IFSP.
(9) Physical therapy means a continuum of services provided by a licensed physical therapist or a
licensed and supervised physical therapy assistant. School-based physical therapy services are
provided to develop and maintain performance levels, within an individual student’s physical
capabilities, for independent and safe access to educationally related activities. School based
physical therapy is a related service, and is provided only as required to assist a child to
benefit from special education. Physical therapy services may include:
(i) Development and maintenance of student’s functional ability to participate in and
benefit from his/her special education program;
(ii) Modification and adaptation of the student’s physical environment;
(iii) Provision of training for school personnel;
(iv) Communication and/or education of the student’s teachers and family;
(v) Communication with state and community agencies; and
(vi) Involvement in total program planning for children with disabilities, including
transition planning.
(10) Psychological services includes--
(i) Administering psychological tests, educational tests, and other assessment procedures
such as observations and interviews, in order to determine a student’s strengths and
educational, social, behavioral, and/or developmental needs; for preschool children
psychological assessment may include administering psychological tests and/or
criterion referenced, curriculum-based and other educational tests, as well as
conducting assessment procedures such as observations, interviews, structured
interactions, and play assessments as deemed appropriate by the psychologist;
(ii) Interpreting assessment results;
(iii) Obtaining, integrating, and interpreting information about a child’s behavior and
environmental conditions relating to learning and development;
(iv) Consulting with parents, teachers, and other school personnel in planning school
programs and services to meet the identified needs of children, including but not
limited to, placement, effective learning/teaching strategies, and personal and social
skills;
(v) Planning and managing a program of psychological services, including psychological
counseling for children and parents;
(vi) Referring children and families to community agencies and services when appropriate;
(vii) Screening and early identification of children with disabilities;
(viii) Developing strategies for the prevention of learning and behavior problems; and
(ix) Assisting in developing positive behavioral strategies.
(11) Recreation includes--
(i) Assessment of leisure function;
(ii) Therapeutic recreation services;
(iii) Recreation programs in schools and community agencies; and
(iv) Leisure education.
(12) Rehabilitation counseling services means services provided by qualified personnel in
individual or group sessions that focus specifically on career development, employment
preparation, achieving independence, and integration in the workplace and community of a
student with a disability. The term also includes vocational rehabilitation services provided
to a student with a disability by vocational rehabilitation programs funded under the
Rehabilitation Act of 1973, as amended, 29 U.S.C. 701 et seq.
Policies Governing Services for Children with Disabilities June 2010
NC 1500-General 18
(13) School health services and school nurse services means health services that are designed to
enable a child with a disability to receive FAPE as described in the child’s IEP. School nurse
services are services provided by a qualified school nurse. School health services are services
that may be provided by either a qualified school nurse or other qualified person.
(14) Social work services in schools includes–
(i) Preparing a social or developmental history on a child with a disability;
(ii) Group and individual counseling with the child and family;
(iii) Working in partnership with parents and others on those problems in a child's living
situation (home, school, and community) that affect the child's adjustment in school;
(iv) Mobilizing school and community resources to enable the child to learn as effectively
as possible in his or her educational program; and
(v) Assisting in developing positive behavioral intervention strategies.
(15) Speech-language pathology services includes--
(i) Identification of children with speech or language impairments;
(ii) Diagnosis and appraisal of specific speech or language impairments;
(iii) Referral for medical or other professional attention necessary for the habilitation of
speech or language impairments;
(iv) Provision of speech and language services for the habilitation of communication
impairments, including form, content, and function of language; and
(v) Counseling and guidance of parents, children, and teachers regarding speech and
language impairments.
(16) Transportation includes--
(i) Travel to and from school and between schools;
(ii) Travel in and around school buildings; and
(iii) Specialized equipment (such as special or adapted buses, lifts, and ramps), if required
to provide special transportation for a child with a disability.
(Authority: 20 U.S.C. 1401(26); 34 CFR 300.34; 115C-106.3(18))
NC 1500-2.29 Reevaluation
Reevaluation is the process of examining existing data, and if determined necessary, gathering additional
data in order to:
- Determine continuing eligibility for special education;
- Assure that the continuing individual needs of a student are identified; and
- Assure appropriate educational programming (review and/or revision of IEP).
(Authority: 20 U.S.C. 1414(a)(2); 34 CFR 300.303)
NC 1500-2.30 Screening
Screening may be used for the following purposes:
(a) Mass screenings are those screenings done with all students.
(b) Individual screenings, such as hearing, vision, and motor screenings, may be required as part of the
evaluation process for eligibility for special education and related services.
(c) The screening of a student by a teacher or specialist to determine appropriate instructional strategies
for curriculum implementation shall not be considered to be an evaluation for eligibility for special
education and related services.
NC 1500-2.31 Scientifically based research
Policies Governing Services for Children with Disabilities June 2010
NC 1500-General 19
Scientifically based research
(a) Means research that involves the application of rigorous, systematic, and objective procedures to
obtain reliable and valid knowledge relevant to education activities and programs; and
(b) Includes research that:
(1) Employs systematic, empirical methods that draw upon observation or experiment;
(2) Involves rigorous data analyses that are to test the stated hypotheses and justify the general
conclusions drawn;
(3) Relies on measurements or observational methods that provide reliable and valid data across
evaluators and observers, across multiple measurements and observations, and across studies
by the same or different investigators;
(4) Is evaluated using experimental or quasi-experimental designs in which individuals, entities,
programs, or activities are assigned to different conditions and with appropriate controls to
evaluate the effects of the condition of interest, with a preference for random-assignment
experiments, or other designs to the extent that those designs contain within-condition or
across-condition controls;
(5) Ensures that experimental studies are presented in sufficient detail and clarity to allow for
replication or, at a minimum, offer opportunity to build systematically on their findings; and
(6) Has been accepted by a peer-reviewed journal or approved by a panel of independent experts
through comparably rigorous, objective, and scientific review.
(Authority: 20 U.S.C. 1411(e)(2)(c)(xi); 34 CFR 300.35)
NC 1500-2.32 Secondary School
Secondary school means a nonprofit institutional day or residential school, including a public secondary
charter school that provides secondary education, as determined under State law, except that it does not
include any education beyond grade 12.
(Authority: 20 U.S.C. 1401(27); 34 CFR 300.36)
NC 1500-2.33 Services plan
Services plan means a written statement that describes the special education and related services the LEA
will provide to a parentally-placed child with a disability enrolled in a private school who has been
designated to receive services, including the location of the services and any transportation necessary,
consistent with 1501-6.3, and is developed and implemented in accordance with NC 1501-6.8 through NC
1501-6.10.
(Authority: 20 U.S.C. 1412(a)(10)(A); 34 CFR 300.37)
NC 1500-2.34 Special education
(a) General.
(1) Special education means specially designed instruction, at no cost to the parents, to meet the
unique needs of a child with a disability, including
(i) instruction conducted in the classroom, in the home, in hospitals and institutions, and in
other settings; and
(ii) Instruction in physical education
(2) Special education includes each of the following, if the services otherwise meet the
requirements of paragraph (a)(1) of this section –
(i) Speech-language pathology services,
Policies Governing Services for Children with Disabilities June 2010
NC 1500-General 20
(ii) Travel training; and
(iii) Vocational education.
(b) Individual special education terms defined. The terms in this definition are defined as follows:
(1) At no cost means that all specially-designed instruction is provided without charge, but does
not preclude incidental fees that are normally charged to nondisabled students or their parents
as a part of the regular education program.
(2) Physical education means –
(i) The development of –
(A) Physical and motor fitness;
(B) Fundamental motor skills and patterns; and
(C) Skills in games and sports.
(ii) Includes special physical education, adapted physical education, movement education,
and motor development.
(3) Specially designed instruction means adapting, as appropriate, to the needs of an eligible
child under these Policies, the content, methodology, or delivery of instruction--
(i) To address the unique needs of the child that result from the child's disability; and
(ii) To ensure access of the child to the general curriculum, so that he or she can meet the
educational standards within the jurisdiction of the public agency that apply to all
children.
(4) Travel training means providing instruction, as appropriate, to children with significant
cognitive disabilities, and any other children with disabilities who require this instruction, to
enable them to –
(i) Develop an awareness of the environment in which they live; and
(ii) Learn the skills necessary to move effectively and safely from place to place within that
environment (e.g. in school, in the home, at work, and in the community).
(5) Vocational education means organized educational programs that are directly related to the
preparation of individuals for paid or unpaid employment, or for additional preparation for a
career not requiring a baccalaureate or advanced degree
(Authority: 20 U.S.C.1401(29); 34 CFR 300.39)
NC 1500-2.35 State educational agency
State educational agency or SEA means the State board of education responsible for the State supervision
of public elementary schools and secondary schools.
(Authority: 20 U.S.C. 1401(32); 34 CFR 300.41)
NC 1500-2.36 Supplementary aids and services
Supplementary aids and services means aids, services, and other supports that are provided in regular
education classes, other education-related settings, and in extra-curricular and non-academic settings, to
enable children with disabilities to be educated with nondisabled children to the maximum extent
appropriate in accordance with the least restrictive environment requirements.
(Authority: 20 U.S.C. 1401(33); 34 CFR 300.42)
NC 1500-2.37 Transition services
(a) Transition services means a coordinated set of activities for a child with a disability that--
Policies Governing Services for Children with Disabilities June 2010
NC 1500-General 21
(1) Is designed to be within a results-oriented process, that is focused on improving the academic
and functional achievement of the child with a disability to facilitate the child’s movement
from school to post-school activities, including postsecondary education, vocational
education, integrated employment (including supported employment), continuing and adult
education, adult services, independent living, or community participation;
(2) Is based on the individual child’s needs, taking into account the child’s strengths, preferences
and interests; and includes--
(i) Instruction;
(ii) Related services;
(iii) Community experiences;
(iv) The development of employment and other post-school adult living objectives; and
(v) If appropriate, acquisition of daily living skills and functional vocational evaluation.
(b) Transition services for children with disabilities may be special education, if provided as specially
designed instruction; or a related service, if required to assist a child with a disability to benefit
from special education.
(Authority: 20 U.S.C. 1401(34); 34 CFR 300.43)
NC 1500-2.38 Universal design
Universal design means the design of products, instruction, assessments, or environments to be useable by
all people to the greatest extent possible without the need for adaptations or specialized design.
(Authority: 20 U.S.C. 1401(35); 34 CFR 300.44)
NC 1500-2.39 Ward of the State
(a) General. Subject to paragraph (b) of this section, ward of the State means a child who, as
determined by the State where the child resides, is--
(1) A foster child;
(2) A ward of the State; or
(3) In the custody of a public child welfare agency.
(b) Exception. Ward of the State does not include a foster child who has a foster parent who meets the
definition of a parent in NC 1500-2.24.
(Authority: 20 U.S.C. 1401(36); 34 CFR 300.45)
Policies Governing Services for Children with Disabilities June 2010
NC 1501-State Eligibility 22
NC 1501 STATE ELIGIBILITY
NC 1501-1 FAPE Requirements
NC 1501-1.1 Free appropriate public education (FAPE)
(a) General. A free appropriate public education must be available to all children residing in the State
between the ages of three through 21, including children with disabilities who have been suspended
or expelled from school, as provided for in NC 1504-2.1(d). Any child with a disability who
requires special education and related services and who has not graduated from high school is
eligible to continue to receive a free appropriate public education until the end of the school year in
which that child reaches the age of 22.
(b) FAPE for children beginning at age three.
(1) Each LEA must ensure that--
(i) The obligation to make FAPE available to each eligible child residing in the LEA
begins no later than the child's third birthday; and
(ii) An IEP or an IFSP is in effect for the child by that date, in accordance with NC 1503-
4.4(b).
(2) If a child's third birthday occurs during the summer, the child's IEP Team shall determine the
date when services under the IEP or IFSP will begin.
(c) Children advancing from grade to grade.
(1) Each LEA must ensure that FAPE is available to any individual child with a disability who
needs special education and related services, even though the child has not failed or been
retained in a course or grade, and is advancing from grade to grade.
(2) The determination that a child described in paragraph (a) of this section is eligible, must be
made on an individual basis by the IEP team.
(d) FAPE for children incarcerated in local jail. Each LEA must ensure that FAPE is available to
students with disabilities incarcerated in local jail who were eligible prior to their incarceration.
(Authority: 20 U.S.C. 1412(a)(1)(A); 34 CFR 300.101; 115C-107.1)
NC 1501-1.2 Exception to FAPE for certain ages
(a) General. The obligation to make FAPE available to all children with disabilities does not apply
with respect to the following:
(1) (i) Children aged 18 through 21 to the extent that State law does not require that special
education and related services under the IDEA be provided to students with disabilities
who, in the last educational placement prior to their incarceration in an adult
correctional facility-
(A) Were not actually identified as being a child with a disability; and
(B) Did not have an IEP.
(ii) The exception in paragraph (a)(1)(i) of this section does not apply to children with
disabilities, aged 18 through 21, who--
(A) Had been identified as a child with a disability and had received services in
accordance with an IEP, but who left school prior to their incarceration; or
(B) Did not have an IEP in their last educational setting, but who had actually been
identified as a child with a disability.
(2) (i) Children with disabilities who have graduated from high school with a regular high
school diploma.
(ii) The exception in paragraph (a)(2)(i) of this section does not apply to children who have
graduated but have not been awarded a regular high school diploma.
Policies Governing Services for Children with Disabilities June 2010
NC 1501-State Eligibility 23
(iii) Graduation from high school with a regular high school diploma constitutes a change in
placement, requiring written prior notice.
(3) As used in paragraphs (a)(2)(i) through (a)(2)(iii) of this section, the term regular high school
diploma does not include an alternative degree that is not fully aligned with the State’s
academic standards, such as a certificate or a general educational development credential
(GED).
(b) Documents relating to exceptions. The State must assure that the information it has provided to the
Secretary regarding the exceptions in paragraph (a) of this section, as required by NC 1506-1.1 is
current and accurate.
(Authority: 20 U.S.C. 1412(a)(1)(B)-(C); 34 CFR 300.102; 115C-107.1)
NC 1501-2 Other FAPE Requirements
NC 1501-2.1 FAPE--methods and payments
(a) Each LEA may use whatever State, local, Federal, and private sources of support are available in
the LEA to meet the requirements of this section. For example, if it is necessary to place a child
with a disability in a residential facility, an LEA could use joint agreements between the agencies
involved for sharing the cost of that placement.
(b) Nothing in this part relieves an insurer or similar third party from an otherwise valid obligation to
provide or to pay for services provided to a child with a disability.
(c) The LEA must ensure that there is no delay in implementing a child's IEP, including any case in
which the payment source for providing or paying for special education and related services to the
child is being determined.
(Authority: 20 U.S.C. 1401(8), 1412(a)(1); 34 CFR 300.103;115C-108.2)
NC 1501-2.2 Residential placement
(a) If placement in a public or private residential program is necessary to provide special education and
related services to a child with a disability, the program, including non-medical care and room and
board, must be at no cost to the parents of the child.
(b) When a private residential placement has been determined to be the most appropriate placement for
a child with a disability, in-state residential programs should be the first consideration. The LEA
should exhaust all possible in-state residential placement options before placing a child out-of-state.
All children placed in out-of-district school settings are entitled to the same rights and procedural
safeguards as provided to those children whose IEPs are implemented in the LEA.
(Authority: 20 U.S.C. 1412(a)(1), 1412(a)(10)(B); 34 CFR 300.104)
NC 1501-2.3 Assistive technology
(a) Each public agency must ensure that assistive technology devices or assistive technology services,
or both, are made available to a child with a disability if required as a part of the child's--
(1) Special education;
(2) Related services; or
(3) Supplementary aids and services.
(b) On a case-by-case basis, the use of school purchased assistive technology devices in a child's home
or in other settings is required if the child's IEP Team determines that the child needs access to
those devices in order to receive FAPE.
Policies Governing Services for Children with Disabilities June 2010
NC 1501-State Eligibility 24
(Authority: 20 U.S.C. 1412(a)(1), 1412(a)(12)(B)(i); 34 CFR 300.105)
NC 1501-2.4 Extended school year services
(a) General.
(1) Each public agency must ensure that extended school year services are available as necessary
to provide FAPE.
(2) Extended school year services must be provided only if a child's IEP team determines, on an
individual basis, that the services are necessary for the provision of FAPE to the child.
(3) In implementing the requirements of this section, a public agency may not--
(i) Limit extended school year services to particular categories of disability; or
(ii) Unilaterally limit the type, amount, or duration of those services.
(b) Definition. As used in this section, the term extended school year services means special education
and related services that--
(1) Are provided to a child with a disability--
(i) Beyond the normal school year of the public agency;
(ii) In accordance with the child's IEP; and
(iii) At no cost to the parents of the child; and
(2) The IEP team must determine that extended school year services are necessary for the
provision of FAPE to an individual child by considering:
(i) Whether the student regresses or may regress during extended breaks from instruction
and cannot relearn the lost skills within a reasonable time; or
(ii) Whether the benefits a student gains during the regular school year will be significantly
jeopardized if he or she is not provided with an educational program during extended
breaks from instruction; or
(iii) Whether the student is demonstrating emerging critical skill acquisition (“window of
opportunity”) that will be lost without the provision of an educational program during
extended breaks from instruction.
(Authority: 20 U.S.C. 1412(a)(1); 34 CFR 300.106)
NC 1501-2.5 Nonacademic services
(a) The LEA must take steps to provide nonacademic and extracurricular services and activities in the
manner necessary to afford children with disabilities an equal opportunity for participation in those
services and activities, including the provision of supplementary aids and services determined
appropriate and necessary by the child’s IEP Team.
(b) Nonacademic and extracurricular services and activities may include counseling services, athletics,
transportation, health services, recreational activities, special interest groups or clubs sponsored by
the public agency, referrals to agencies that provide assistance to individuals with disabilities, and
employment of students, including both employment by the public agency and assistance in making
outside employment available.
(Authority: 20 U.S.C. 1412(a)(1); 34 CFR 300.107)
Policies Governing Services for Children with Disabilities June 2010
NC 1501-State Eligibility 25
NC 1501-2.6 Physical education
LEAs must comply with the following:
(a) General. Physical education services, specially designed if necessary, must be made available to
every child with a disability receiving FAPE unless the LEA enrolls children without disabilities
and does not provide physical education to children without disabilities in the same grades.
(b) Regular physical education. Each child with a disability must be afforded the opportunity to
participate in the regular physical education program available to nondisabled children unless--
(1) The child is enrolled full time in a separate facility; or
(2) The child needs specially designed physical education, as prescribed in the child's IEP.
(c) Special physical education. If specially designed physical education is prescribed in a child's IEP,
the goals should be drafted and monitored by individuals knowledgeable of the physical education
curriculum. The LEA responsible for the education of the child must provide the services directly
or make arrangements for those services to be provided through other public or private programs.
(d) Education in separate facilities. The LEA responsible for the education of a child with a disability
who is enrolled in a separate facility must ensure that the child receives appropriate physical
education services.
(Authority: 20 U.S.C. 1412(a)(5)(A); 34 CFR 300.108)
NC 1501-2.7 Full educational opportunity goal (FEOG)
The State must have in effect policies and procedures to demonstrate that the State has established a goal
of providing full educational opportunity to all children with disabilities aged birth through 21 and a
detailed timetable for accomplishing that goal. State law assigns the Department of Health and Human
Services the responsibility for birth through two.
The LEA must have in effect policies and procedures to demonstrate that the LEA has established a goal
of providing full educational opportunity to all children with disabilities aged three through 21 and a
detailed timetable for accomplishing that goal.
(Authority: 20 U.S.C. 1412(a)(2); 34 CFR 300.109)
NC 1501-2.8 Program options
Each LEA must take steps to ensure that children with disabilities have available to them the variety of
educational programs and services available to nondisabled children, including art, music, industrial arts,
consumer and homemaking education, and vocational education.
(Authority: 20 U.S.C. 1412(a)(2), 1413(a)(1); 34 CFR 300.110)
NC 1501-2.9 Child find
(a) General.
(1) The LEA must have in effect policies and procedures that ensure that--
(i) All children with disabilities three through 21 residing in the LEA, including children
who are homeless children or are wards of the State, regardless of the severity of their
disability, and who are in need of special education and related services, are identified,
located, and evaluated;
Policies Governing Services for Children with Disabilities June 2010
NC 1501-State Eligibility 26
(ii) All children with disabilities three through 21 parentally placed in a private school
located in the LEA, regardless of the severity of their disability, and who are in need of
special education and related services, are identified, located, and evaluated; and
(iii) A practical method is developed and implemented to determine which children are
currently receiving needed special education and related services.
(b) Use of term developmental delay. The following provisions apply with respect to implementing the
child find requirements of this section:
(1) Developmental delay applies to children in North Carolina aged three through seven.
(2) An LEA is not required to adopt and use the term developmental delay for children within its
jurisdiction.
(3) If an LEA uses the term developmental delay, it may be applied only to children aged three
through seven.
(c) Other children in child find. Child find must also include--
(1) Children who are suspected of being a child with a disability and in need of special education,
even though they are advancing from grade to grade; and
(2) Highly mobile children, including migrant children.
(d) Timeline for responding to a notification made by person other than parent or LEA. Within thirty
(30) days of receipt of written notification of concerns regarding a child, the LEA shall issue
a written response to the child’s parent. The response shall include either an explanation of
reasons the LEA will not pursue the concerns or a date for a meeting in which the LEA and
parent will review existing data and determine whether a referral for consideration of
eligibility for special education is necessary. Such meeting must be held within a reasonable
time.
(Authority: 20 U.S.C. 1401(3)); 1412(a)(3); 34 CFR 300.111)
NC 1501-2.10 Individualized education program (IEP)
The LEA must ensure that an IEP, or an IFSP that meets the requirements of section 636(d) of the IDEA,
is developed, reviewed, and revised for each child with a disability in accordance with NC 1503-4
through NC 1503-5.1.
(Authority: 20 U.S.C. 1412(a)(4); 34 CFR 300.112)
NC 1501-2.11 Routine checking of hearing aids and external components of surgically
implanted medical devices
(a) Hearing aids. Each public agency must ensure that hearing aids worn in school by children with
hearing impairments, including deafness, are functioning properly.
(b) External components of surgically implanted medical devices.
(1) Subject to paragraph (b)(2) of this section, each public agency must ensure that the external
components of surgically implanted medical devices are functioning properly.
(2) For a child with a surgically implanted medical device who is receiving special education and
related services under the IDEA, a public agency is not responsible for the post-surgical
maintenance, programming, or replacement of the medical device that has been surgically
implanted (or of an external component of the surgically implanted device).
(Authority: 20 U.S.C. 1401(1), 1401(26)(B); 34 CFR 300.113)
NC 1501-2.12 Equal access to textbooks for all children and teachers
Policies Governing Services for Children with Disabilities June 2010
NC 1501-State Eligibility 27
The LEAs shall use their State textbook funds to provide, to the same extent as is provided to nondisabled
students, textbooks for students with disabilities. LEAs shall also, at a minimum, provide teachers of
children with disabilities with the same teachers’ editions provided to teachers of nondisabled students.
(Authority: Article 9 of Chapter 115C of the General Statutes, Section 7)
NC 1501-3 Least Restrictive Environment (LRE)
NC 1501-3.1 LRE requirements
(a) General.
(1) Except as provided in NC 1501-3.5 (regarding children with disabilities in adult prisons),
LEAs must have in effect policies and procedures to ensure that all LRE requirements
contained in sections NC 1501-3.1 through NC 1501-3.7 are met.
(2) Each LEA must ensure that--
(i) To the maximum extent appropriate, children with disabilities, including children in
public or private institutions or other care facilities, are educated with children who are
nondisabled; and
(ii) Special classes, separate schooling, or other removal of children with disabilities from
the regular educational environment occurs only if the nature or severity of the
disability is such that education in regular classes with the use of supplementary aids
and services cannot be achieved satisfactorily.
(b) Additional requirement – State and LEA funding mechanisms – The SEA or LEA may not use a
funding mechanism which distributes funds on the basis of the type of setting in which a child is
served that will result in the failure to provide a child with a disability FAPE according to the
unique needs of the child, as described in the child’s IEP.
(Authority: 20 U.S.C. 1412(a)(5); 34 CFR 300.114)
NC 1501-3.2 Continuum of alternative placements
(a) Each LEA must ensure that a continuum of alternative placements is available to meet the needs of
children with disabilities for special education and related services.
(b) The continuum required in paragraph (a) of this section must--
(1) Include instruction in regular classes, special classes, special schools, home instruction, and
instruction in hospitals and institutions; and
(2) Make provision for supplementary services (such as resource room or itinerant instruction) to
be provided in conjunction with regular class placement.
(c) For preschool children, the continuum required in paragraph (a) of this section includes:
(1) Regular early childhood program;
(2) Special education program provided in a separate class, separate school, residential facility;
(3) Service provider location; or
(4) Home instruction.
(Authority: 20 U.S.C. 1412(a)(5); 34 CFR 300.115)
NC 1501-3.3 Placement decisions
In determining the educational placement of a child with a disability, including a preschool child with a
disability, each LEA must ensure that--
(a) The placement decision--
Policies Governing Services for Children with Disabilities June 2010
NC 1501-State Eligibility 28
(1) Is made by the IEP Team, which includes the parents and other persons knowledgeable about
the child, the meaning of the evaluation data, and the placement options; and
(2) Conforms to LRE requirements;
(b) The child's placement on the continuum--
(1) Is determined at least annually; and
(2) Is based on the child's IEP;
(c) Unless the IEP of a child with a disability requires some other arrangement--
(1) The child is educated in the school that he or she would attend if nondisabled; and
(2) If the child cannot be educated in the school he or she would attend if nondisabled, the child
is educated as close to the child’s home as possible;
(d) In selecting the LRE, consideration is given to any potential harmful effect on the child or on the
quality of services that he or she needs; and
(e) A child with a disability is not removed from education in age-appropriate regular classrooms
solely because of needed modifications in the general education curriculum.
(Authority: 20 U.S.C. 1412(a)(5); 34 CFR 300.116)
NC 1501-3.4 Nonacademic settings
In providing or arranging for the provision of nonacademic and extracurricular services and activities,
including meals, recess periods, and the services set forth in NC 1501-2.5, each LEA must ensure that
each child with a disability participates with nondisabled children in those extracurricular services and
activities to the maximum extent appropriate to the needs of that child. The LEA must ensure that each
child with a disability has the supplementary aids and services determined by the child’s IEP Team to be
appropriate and necessary for the child to participate in nonacademic settings.
(Authority: 20 U.S.C. 1412(a)(5); 34 CFR 300.117)
NC 1501-3.5 Children in public or private institutions
Except as provided in NC 1501-9(d) (regarding agency responsibility for general supervision for some
individuals in adult prisons) an LEA must ensure that the provision of FAPE in the least restrictive
environment is effectively implemented, including, if necessary, making arrangements with public and
private institutions (such as a memorandum of agreement or special implementation procedures).
(Authority: 20 U.S.C. 1412(a)(5); 34 CFR 300.118)
NC 1501-3.6 Technical assistance and training activities
The SEA and each LEA must carry out activities to ensure that teachers and administrators in all public
agencies--
(a) Are fully informed about their responsibilities for implementing LRE requirements; and
(b) Are provided with technical assistance and training necessary to assist them in this effort.
(Authority: 20 U.S.C. 1412(a)(5); 34 CFR 300.119)
NC 1501-3.7 Monitoring activities
(a) The SEA must carry out activities to ensure that LEAs develop, review, and revise IEPs.
Policies Governing Services for Children with Disabilities June 2010
NC 1501-State Eligibility 29
(b) If there is evidence that an LEA makes placements that are inconsistent with LRE requirements,
the SEA must--
(1) Review the LEA’s justification for its actions; and
(2) Assist in planning and implementing any necessary corrective action.
(Authority: 20 U.S.C. 1412(a)(5); 34 CFR 300.120)
NC 1501-4 Additional Eligibility Requirements
NC 1501-4.1 Procedural safeguards
(a) General. The State must ensure that each LEA in the State meets the requirements of NC 1504-1
through NC 1504-2.7.
(b) Procedural safeguards identified. Children with disabilities and their parents must be afforded the
procedural safeguards identified in paragraph (a) of this section.
(Authority: 20 U.S.C. 1412(a)(6)(A); 34 CFR 300.121)
NC 1501-4.2 Evaluation
Children with disabilities must be evaluated in accordance with NC 1503-1 through NC 1503-3.
(Authority: 20 U.S.C. 1412(a)(7); 34 CFR 300.122)
NC 1501-4.3 Confidentiality of personally identifiable information
The State must ensure that LEAs protect the confidentiality of any personally identifiable information
collected, used, or maintained.
(Authority: 20 U.S.C. 1412(a)(8); 1417(c); 34 CFR 300.123)
NC 1501-4.4 Transition of children from Part C to preschool programs
The State and each LEA must ensure that--
(a) Children participating in early intervention programs assisted under Part C of the IDEA, and who
are eligible and will participate in preschool programs assisted under Part B of the IDEA,
experience a smooth and effective transition to those preschool programs.
(b) By the third birthday of a child described in paragraph (a) of this section, an IEP or IFSP has been
developed and is being implemented for the child.
(c) Each affected LEA will participate in transition planning conferences arranged by the designated
lead agency.
(Authority: 20 U.S.C. 1412(a)(9); 34 CFR 300.124)
NC 1501-5 Children in Private Schools
NC 1501-5.1 State responsibility regarding children in private schools
The State must ensure that LEAs, and if applicable, the SEA, meet the private school requirements
contained in this section.
Policies Governing Services for Children with Disabilities June 2010
NC 1501-State Eligibility 30
(Authority: 20 U.S.C. 1412(a)(10); 34CFR 300.129)
NC 1501-6 Children With Disabilities Enrolled by Their Parents in Private Schools
NC 1501-6.1 Definition of parentally-placed private school children with disabilities
Parentally-placed private school children with disabilities means children with disabilities enrolled by
their parents in private, including religious, schools or facilities that meet the definition of elementary
school in NC 1500-2.9 or secondary school in NC 1500-2.32. Registered home schools are recognized as
private schools in North Carolina. This section does not cover children enrolled by a public agency in
private schools or facilities.
(Authority: 20 U.S.C. 1412(a)(10)(A); 34 CFR 300.130)
NC 1501-6.2 Child find for parentally-placed private school children with disabilities
(a) General. The LEA where the private school is located must locate, identify, and evaluate all
children with disabilities who are enrolled by their parents in the private, including religious,
elementary and secondary schools, in accordance with paragraphs (b) through (e) of this section.
This does not prohibit a parent from requesting an evaluation from the LEA in which the child
resides.
(b) Child find design. The child find process must be designed to ensure--
(1) The equitable participation of parentally-placed private school children; and
(2) An accurate count of those children.
(c) Activities. In carrying out the requirements of this section, the LEA must undertake activities
similar to the activities undertaken for the agency’s public school children.
(d) Cost. The cost of carrying out the child find requirements in this section, including individual
evaluations, may not be considered in determining if an LEA has met its obligation.
(e) Completion period. The child find process must be completed in a time period comparable to that
for other students attending public schools in the LEA.
(f) Out-of-State children. Each LEA in which private, including religious, elementary and secondary
schools are located, must in carrying out the child find requirements in this section, include
parentally-placed private school children who reside in a state other than the state in which the
private schools that they attend are located.
(Authority: 20 U.S.C. 1412(a)(10)(A)(ii); 34 CFR 300.131)
NC 1501-6.3 Provision of services for parentally-placed private school children with
disabilities--basic requirement
(a) General. To the extent consistent with the number and location of children with disabilities who are
enrolled by their parents in private, including religious, elementary schools and secondary schools
located in the school district served by the LEA, provision is made for the participation of those
children in the program by providing them with special education and related services, including
direct services determined in accordance with services plans.
(b) Services plan for parentally-placed private school children with disabilities. A services plan must
be developed and implemented for each private school child with a disability who has been
designated by the LEA in which the private school is located to receive special education and
related services.
(c) Record keeping. Each LEA must maintain in its records, and provide to the SEA, the following
information related to parentally-placed private school children:
Policies Governing Services for Children with Disabilities June 2010
NC 1501-State Eligibility 31
(1) The number of children evaluated;
(2) The number of children determined to be children with disabilities; and
(3) The number of children served.
(Authority: 20 U.S.C. 1412(a)(10)(A)(i); 34 CFR 300.132)
NC 1501-6.4 Expenditures
(a) Formula. Each LEA shall spend the following on providing special education and related services
(including direct services) to parentally-placed private school children with disabilities:
(1) For children aged 3 through 21, an amount that is the same proportion of the LEA's total
subgrant under section 611(f) and/or 619(g) of the IDEA as the number of private school
children with disabilities aged 3 through 21 who are enrolled by their parents in private,
including religious, elementary schools and secondary schools located in the school district
served by the LEA, is to the total number of children with disabilities in its jurisdiction aged
3 through 21.
(2) (i) For children aged three through five, an amount that is the same proportion of the
LEA’s total subgrant under section 619(g) of the IDEA as the number of parentally-placed
private school children with disabilities aged three through five who are enrolled
by their parents in a private, including religious, elementary school located in the
school district served by the LEA, is to the total number of children with disabilities in
its jurisdiction aged three through five.
(ii) As described in paragraph (a)(2)(i) of this section, children aged three through five are
considered to be parentally-placed private school children with disabilities enrolled by
their parents in private, including religious, elementary schools, if they are enrolled in a
private school that meets the definition of elementary school in NC 1500-2.9.
(3) If an LEA has not expended for equitable services all of the funds described in paragraphs
(a)(1) and (a)(2) of this section by the end of the fiscal year for which Congress appropriated
the funds, the LEA must obligate the remaining funds for special education and related
services (including direct services) to parentally-placed private school children with
disabilities during a carry-over period of one additional year.
(b) Calculating proportionate amount. In calculating the proportionate amount of Federal funds to be
provided for parentally-placed private school children with disabilities, the LEA, after timely and
meaningful consultation with representatives of private schools, must conduct a thorough and
complete child find process to determine the number of parentally-placed children with disabilities
attending private schools located in the LEA.
(c) Annual count of parentally-placed private school children with disabilities.
(1) Each LEA must--
(i) Consult with representatives of parentally-placed private school children with
disabilities in deciding how to conduct the annual count of the number of parentally-placed
private school children with disabilities; and
(ii) Ensure that the count is conducted on any date between October 1 and December 1,
inclusive.
(2) The child count must be used to determine the amount that the LEA must spend on providing
special education and related services to parentally-placed private school children with
disabilities in the next subsequent fiscal year.
(d) Supplement, not supplant. State and local funds may supplement and in no case supplant the
proportionate amount of Federal funds required to be expended for parentally-placed private school
children with disabilities under these Policies.
(Authority: 20 U.S.C. 1412(a)(10)(A); 34 CFR 300.133)
Policies Governing Services for Children with Disabilities June 2010
NC 1501-State Eligibility 32
NC 1501-6.5 Consultation
To ensure timely and meaningful consultation, an LEA must consult with private school representatives
and representatives of parents of parentally-placed private school children with disabilities during the
design and development of special education and related services for the children regarding the following:
(a) Child find. The child find process, including--
(1) How parentally-placed private school children suspected of having a disability can participate
equitably; and
(2) How parents, teachers, and private school officials will be informed of the process.
(b) Proportionate share of funds. The determination of the proportionate share of Federal funds
available to serve parentally-placed private school children with disabilities, including the
determination of how the proportionate share of those funds was calculated.
(c) Consultation process. The consultation process among the LEA, private school officials, and
representatives of parents of parentally-placed private school children with disabilities, including
how the process will operate throughout the school year to ensure that parentally-placed children
with disabilities identified through the child find process can meaningfully participate in special
education and related services.
(d) Provision of special education and related services. How, where, and by whom special education
and related services will be provided for parentally-placed private school children with disabilities,
including a discussion of--
(1) The types of services, including direct services and alternate service delivery mechanisms;
and
(2) How special education and related services will be apportioned if funds are insufficient to
serve all parentally-placed private school children; and
(3) How and when those decisions will be made;
(e) Written explanation by LEA regarding services. How, if the LEA disagrees with the views of the
private school officials on the provision of services or the types of services (whether provided
directly or through a contract), the LEA will provide to the private school officials a written
explanation of the reasons why the LEA chose not to provide services directly or through a
contract.
(Authority: 20 U.S.C. 1412(a)(10)(A)(iii); 34 CFR 300.134)
NC 1501-6.6 Written affirmation.
(a) When timely and meaningful consultation has occurred, the LEA must obtain a written affirmation
signed by the representatives of participating private schools.
(b) If the representatives do not provide the affirmation within a reasonable period of time, the LEA
must forward the documentation of the consultation process to the SEA as a part of their 611 (g)
grant application.
(Authority: 20 U.S.C. 1412(a)(10)(A)(iv); 34 CFR 300.135)
NC 1501-6.7 Compliance
(a) General. A private school official has the right to submit a complaint to the SEA that the LEA--
(1) Did not engage in consultation that was meaningful and timely; or
(2) Did not give due consideration to the views of the private school official.
(b) Procedure.
Policies Governing Services for Children with Disabilities June 2010
NC 1501-State Eligibility 33
(1) If the private school official wishes to submit a complaint, the official must provide to the
SEA the basis of the noncompliance by the LEA with the applicable private school provisions
in this part; and
(2) The LEA must forward the appropriate documentation to the SEA.
(3) (i) If the private school official is dissatisfied with the decision of the SEA, the official
may submit a complaint to the Secretary of the US Department of Education by
providing the information on noncompliance described in paragraph (b)(1) of this
section; and
(ii) The SEA must forward the appropriate documentation to the Secretary.
(Authority: 20 U.S.C. 1412(a)(10)(A)(v); 34 CFR 300.136)
NC 1501-6.8 Equitable services determined
(a) No individual right to special education and related services. No parentally-placed private school
child with a disability has an individual right to receive some or all of the special education and
related services that the child would receive if enrolled in a public school.
(b) Decisions.
(1) Decisions about the services that will be provided to parentally-placed private school children
with disabilities under NC 1501-6.9 through NC 1501-6.15 must be made in accordance with
paragraph (c) of this section and the consultation process.
(2) The LEA must make the final decisions with respect to the services to be provided to eligible
parentally-placed private school children with disabilities.
(c) Services plan for each private school child served. If a child with a disability is enrolled in a
religious or other private school by the child’s parents and will receive special education or related
services from an LEA, the LEA must--
(1) Initiate and conduct meetings to develop, review, and revise a services plan for the child; and
(2) Ensure that a representative of the religious or other private school attends each meeting. If
the representative cannot attend, the LEA shall use other methods to ensure participation by
the religious or other private school, including individual or conference telephone calls.
(Authority: 20 U.S.C. 1412(a)(10)(A); 34 CFR 300.137)
NC 1501-6.9 Equitable services provided
(a) General.
(1) The services provided to parentally-placed private school children with disabilities must be
provided by personnel meeting the same standards as personnel providing services in the
public schools, except that private elementary school and secondary school teachers who are
providing equitable services to parentally-placed private school children with disabilities do
not have to meet the highly qualified special education teachers requirements of NC 1500-
2.13.
(2) Parentally-placed private school children with disabilities may receive a different amount of
services than children with disabilities in public schools.
(b) Services provided in accordance with a services plan.
(1) Each parentally-placed private school child with a disability who has been designated to
receive services must have a services plan that describes the specific special education and
related services that the LEA will provide to the child in light of the services that the LEA has
determined and will make available to parentally-placed private school children with
disabilities.
(2) The services plan must, to the extent appropriate--
Policies Governing Services for Children with Disabilities June 2010
NC 1501-State Eligibility 34
(i) Meet the requirements of an IEP, with respect to the services provided; and
(ii) Be developed, reviewed, and revised consistent with NC 1503-4.2 through NC 1503-
5.1.
(c) Provision of equitable services.
(1) The provision of services for parentally-placed private school children with disabilities must
be provided:
(i) By employees of an LEA; or
(ii) Through contract by the LEA with an individual, association, agency, organization, or
other entity.
(2) Special education and related services provided to parentally-placed private school children
with disabilities, including materials and equipment, must be secular, neutral, and
nonideological.
(Authority: 20 U.S.C. 1412(a)(10)(A)(vi); 34 CFR 300.138)
NC 1501-6.10 Location of services and transportation
(a) Services on private school premises. Services to parentally-placed private school children with
disabilities may be provided on the premises of private, including religious, schools, to the extent
consistent with law.
(b) Transportation.
(1) General.
(i) If necessary for the child to benefit from or participate in the services provided under this
section, a parentally-placed private school child with a disability must be provided
transportation--
(A) From the child's school or the child's home to a site other than the private school;
and
(B) From the service site to the private school, or to the child's home, depending on
the timing of the services.
(ii) LEAs are not required to provide transportation from the child's home to the private
school.
(2) Cost of transportation. The cost of the transportation described above may be included in
calculating whether the LEA has met the required expenditures.
(Authority: 20 U.S.C. 1412(a)(10)(A); 34 CFR 300.139)
NC 1501-6.11 Due process petitions and State complaints
(a) Due process not applicable, except for child find.
(1) Except as provided in paragraph (a)(2) of this section, due process procedures do not apply to
disputes that an LEA has failed to meet the requirements for parentally-placed private school
children with disabilities, including the provision of services indicated on the child's services
plan.
(2) Due process procedures do apply to disputes that an LEA has failed to meet the requirements
of child find including the requirements of NC 1503-1 through NC 1503-3.
(b) State complaints. Complaints that an LEA has failed to meet the requirements of the parentally-placed
private school children with disabilities provisions above must be filed under the procedures
of the state complaint process.
(Authority: 20 U.S.C. 1412(a)(10)(A); 34 CFR 300.140)
Policies Governing Services for Children with Disabilities June 2010
NC 1501-State Eligibility 35
NC 1501-6.12 Requirement that funds not benefit a private school
(a) An LEA may not use funds provided under section 611 or 619 of the IDEA to finance the existing
level of instruction in a private school or to otherwise benefit the private school.
(b) The LEA must use funds provided under Part B of the IDEA to meet the special education and
related services needs of parentally-placed private school children with disabilities, but not for--
(1) The needs of a private school; or
(2) The general needs of the students enrolled in the private school.
(Authority: 20 U.S.C. 1412(a)(10)(A); 34 CFR 300.141)
NC 1501-6.13 Use of personnel
(a) Use of public school personnel. An LEA may use funds available under sections 611 and 619 of
the IDEA to make public school personnel available in other than public facilities--
(1) To the extent necessary to provide services for parentally-placed private school children with
disabilities; and
(2) If those services are not normally provided by the private school.
(b) Use of private school personnel. An LEA may use funds available under sections 611 and 619 of
the IDEA to pay for the services of an employee of a private school to provide services to
parentally-placed private school children with disabilities if--
(1) The employee performs the services outside of his or her regular hours of duty; and
(2) The employee performs the services under public supervision and control.
(Authority: 20 U.S.C. 1412(a)(10)(A); 34 CFR 300.142)
NC 1501-6.14 Separate classes prohibited
An LEA may not use funds available under section 611 or 619 of the IDEA for classes that are organized
separately on the basis of school enrollment or religion of the students if—
(a) The classes are at the same site; and
(b) The classes include students enrolled in public schools and students enrolled in private schools.
(Authority: 20 U.S.C. 1412(a)(10)(A); 34 CFR 300.143)
NC 1501-6.15 Property, equipment, and supplies
(a) A public agency must control and administer the funds used to provide special education and
related services to parentally-placed private school children with disabilities, and hold title to and
administer materials, equipment, and property purchased with those funds.
(b) The public agency may place equipment and supplies in a private school for the period of time
needed for the Part B program.
(c) The public agency must ensure that the equipment and supplies placed in a private school--
(1) Are used only for Part B purposes; and
(2) Can be removed from the private school without remodeling the private school facility.
(d) The public agency must remove equipment and supplies from a private school if--
(1) The equipment and supplies are no longer needed for Part B purposes; or
(2) Removal is necessary to avoid unauthorized use of the equipment and supplies for other than
Part B purposes.
(e) No funds under Part B of the IDEA may be used for repairs, minor remodeling, or construction of
private school facilities.
Policies Governing Services for Children with Disabilities June 2010
NC 1501-State Eligibility 36
(Authority: 20 U.S.C. 1412(a)(10)(A)(vii); 34 CFR 300.144)
NC 1501-7 Children With Disabilities in Private Schools Placed or Referred by Public
Agencies
NC 1501-7.1 Applicability
This section applies only to children with disabilities who are or have been placed in or referred to a
private school or facility by a public agency as a means of providing special education and related
services.
(Authority: 20 U.S.C. 1412(a)(10)(B); 34 CFR 300.145)
NC 1501-7.2 Responsibility of State Education Agency
The SEA shall ensure the LEA’s compliance with the following: a child with a disability who is placed in
or r