North Carolina § 115C-107 - 6. Duties of local educational agencies.

§ 115C-107. 6. Duties of local educational agencies.

Each local educational agency, in providing for the education of children with disabilities within its jurisdiction, must comply with IDEA and the rules adopted by the State Board under this Article. In addition, each local educational agency shall have in effect policies, procedures, and programs that are consistent with this Article, IDEA, and rules adopted by the State Board. No child with disabilities shall be prevented from attending the public schools of the local educational agency in which the child resides or from which the child receives services or from attending any other public program of free appropriate public education based solely on the fact that the child has a disability. If it appears the child should receive a program of free appropriate public education in a program operated by or under the supervision of the Department of Health and Human Services or the Division of Adult Correction and Juvenile Justice of the Department of Public Safety, the local school administrative unit shall confer with the appropriate Department of Health and Human Services or Division of Adult Correction and Juvenile Justice of the Department of Public Safety staff for their participation and determination of the appropriateness of placement in that program and development of the child's individualized education program. No matriculation or tuition fees or other fees or charges shall be required or asked of children with disabilities or their parents except those fees or charges that are required uniformly of all public school pupils. The provision of a free appropriate public education within the facilities of the Department of Health and Human Services and the Division of Adult Correction and Juvenile Justice of the Department of Public Safety may not prevent that Department from charging for other services or treatment. Each child with a disability shall be educated in accordance with that child's IEP and in the least restrictive environment for that child. Each local educational agency may use the forms developed under G.S. 115C-107.2(d). History (1977, c. 927, s. 1; 1981, c. 423, s. 1; 1983, c. 247, ss. 3, 4; 1989, c. 585, s. 3; 1996, 2nd Ex. Sess., c. 18, ss. 18.24(c), (d); 1997-443, s. 11A.118(a); 1998-202, s. 4(g); 2000-137, s. 4(j); 2006-69, s. 2; 2007-292, s. 4; 2011-145, s. 19.1( l ); 2017-186, s. 2(zzzz).) Effect of Amendments. - Session Laws 2007-292, s. 4, effective July 28, 2007, substituted "child resides" for "child's parents or legal guardian resides" in the first sentence of subsection (b). Session Laws 2011-145, s. 19.1( l ), effective January 1, 2012, in subsections (b) and (c), substituted "Division of Juvenile Justice of the Department of Public Safety" for "Department of Juvenile Justice and Delinquency Prevention." Session Laws 2017-186, s. 2(zzzz), effective December 1, 2017, substituted "Division of Adult Correction and Juvenile Justice" for "Division of Juvenile Justice" throughout the section.