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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
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Title | Policies governing services for children with disabilities |
Contributor |
North Carolina. Division for Exceptional Children. North Carolina. Department of Public Instruction. |
Date | 2010-06 |
Subjects |
Children with disabilities--Education--Law and legislation--North Carolina Special education--Law and legislation--North Carolina |
Place | North Carolina, United States |
Description | Title from opening screen (viewed on June 27, 2011).; "Amended - June 2010." |
Publisher | North Carolina State Board of Education., Dept. of Public Instruction, Exceptional Children Division |
Rights | State Document see http://digital.ncdcr.gov/u?/p249901coll22,63754 |
Physical Characteristics | 180 p. of electronic text ; digital, PDF file. |
Collection | North Carolina State Documents Collection. State Library of North Carolina |
Type | Text |
Language | English |
Format |
Guidelines Instructional materials |
Digital Characteristics-A | 2619 KB; 180 p. |
Digital Collection | North Carolina Digital State Documents Collection |
Digital Format | application/pdf |
Related Items | http://worldcat.org/oclc/733065131/viewonline |
Audience | All |
Pres File Name-M | pubs_serial_policiesgoverningservices201006.pdf |
Pres Local File Path-M | \Preservation_content\StatePubs\pubs_borndigital\images_master\ |
Full Text | 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 |
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