North Carolina § 115C-112 - 1. Establishment; organization; powers and duties.

§ 115C-112. 1. Establishment; organization; powers and duties.

There is hereby established an Advisory Council to the State Board of Education to be called the Council on Educational Services for Exceptional Children. The Council shall consist of a minimum of 24 members to be appointed as follows: four ex officio members; one individual with a disability and one representative of a private school appointed by the Governor; one member of the Senate and one parent of a child with a disability between the ages of birth and 26 appointed by the President Pro Tempore of the Senate; one member of the House of Representatives and one parent of a child with a disability appointed by the Speaker of the House of Representatives; and 14 members appointed by the State Board of Education. The State Board shall appoint members who represent individuals with disabilities, teachers, local school administrative units, institutions of higher education that prepare special education and related services personnel, administrators of programs for children with disabilities, charter schools, parents of children with disabilities, a State or local official who carries out activities under the federal McKinney-Vento Homeless Assistance Act, vocational, community, or business organizations concerned with the provision of transition services, and others as required by IDEA. The majority of members on the Council shall be individuals with disabilities or parents of children with disabilities. The Council shall designate a chairperson from among its members. The designation of the chairperson is subject to the approval of the State Board of Education. The Board shall adopt rules to carry out this subsection. The Secretary of Health and Human Services or the Secretary's designee. The Secretary of Public Safety or the Secretary's designee. The Secretary of Public Safety or the Secretary's designee. The Superintendent of Public Instruction or the Superintendent's designee. The Council shall meet in offices provided by the Department of Public Instruction on a date to be agreed upon by the members of the Council from meeting to meeting. The Council shall meet no less than once every three months. The Department of Public Instruction shall provide the necessary secretarial and clerical staff and supplies to accomplish the objectives of the Council. The Council shall: Advise the Board with respect to unmet needs within the State in the education of children with disabilities. Comment publicly on rules, policies, and procedures proposed by the Board regarding the education of children with disabilities. Assist the Board in developing evaluations and reporting on data to the Secretary of Education under the federal Individuals with Disabilities Education Act (IDEA), as amended. Advise the State Board in developing corrective action plans to address findings identified in federal monitoring reports required under the federal Individuals with Disabilities Education Act (IDEA), as amended. Advise the State Board in developing and implementing policies relating to the coordination of services for children with disabilities. Carry out any other responsibility as designated by federal law or the State Board. Ex officio members of the Council shall be the following: The term of appointment for all members except those appointed by the State Board of Education is two years. The term for members appointed by the State Board of Education is four years. No person shall serve more than two consecutive four-year terms. Each Council member shall serve without pay, but shall receive travel allowances and per diem in the same amount provided for members of the North Carolina General Assembly. History (1973, c. 1079, ss. 1-4; 1977, c. 646, ss. 1-5, 1981, c. 423, s. 1; 1991, c. 739, s. 12; 1991 (Reg. Sess., 1992), c. 1038, s. 13; 1997-443, s. 11A.118(a); 1998-202, s. 4(l); 2000-137, s. 4(o); 2001-424, s. 28.29(a); 2006-69, s. 2; 2011-145, s. 19.1(i), (m).) Editor's Note. - This Article was rewritten by Session Laws 2006-69, ss. 1 and 2. The historical citations in the former sections have been added to the corresponding sections in this Article as rewritten. Effect of Amendments. - Session Laws 2011-145, s. 19.1(i) and (m) effective January 1, 2012, substituted "Secretary of Public Safety" for "Secretary of Correction" in subdivision (b)(3); and substituted "Secretary of Public Safety" for "Secretary of Juvenile Justice and Delinquency Prevention" in subdivision (b)(2).