North Carolina § 115C-108 - 1. State Board lead agency.

§ 115C-108. 1. State Board lead agency.

The Board shall cause all local educational agencies to provide special education and related services to children with disabilities in their care, custody, management, jurisdiction, control, or programs. The jurisdiction of the Board with respect to the design and content of special education programs or related services for children with disabilities extends to and over the Department of Health and Human Services, and the Division of Adult Correction and Juvenile Justice of the Department of Public Safety. All provisions of this Article that are specifically applicable to local school administrative units also are applicable to the Department of Health and Human Services, and the Division of Adult Correction and Juvenile Justice of the Department of Public Safety, and their divisions and agencies; all duties, responsibilities, rights, and privileges specifically imposed on or granted to local school administrative units by this Article also are imposed on or granted to the Department of Health and Human Services, and the Division of Adult Correction and Juvenile Justice of the Department of Public Safety, and their divisions and agencies. However, with respect to children with disabilities who are residents or patients of any State-operated or State-supported residential treatment facility, including a school for the deaf, school for the blind, mental hospital or center, developmental center, or in a facility operated by the Division of Adult Correction and Juvenile Justice of the Department of Public Safety, or any of their divisions and agencies, the Board may contract with the Department of Health and Human Services, and the Division of Adult Correction and Juvenile Justice of the Department of Public Safety for the provision of special education and related services and the power to review, revise, and approve any plans for special education and related services to those residents. The Department of Health and Human Services and the Department of Public Safety shall submit to the Board their plans for the education of children with disabilities in their care, custody, or control. The Board may grant specific exemptions for programs administered by the Department of Health and Human Services or the Division of Adult Correction and Juvenile Justice of the Department of Public Safety when compliance by them with the Board's standards would, in the Board's judgment, impose undue hardship on that department or division and when other procedural due process requirements, substantially equivalent to those required under this Article and IDEA, are assured in programs of special education and related services furnished to children with disabilities served by that department. Further, the Board shall recognize that inpatient and residential special education programs within the Department of Health and Human Services or the Division of Adult Correction and Juvenile Justice of the Department of Public Safety may require more program resources than those necessary for optimal operation of these programs in local school administrative units. The Board shall support and encourage joint and collaborative special education planning and programming at local levels to include local school administrative units and the programs and agencies of the Department of Health and Human Services or the Division of Adult Correction and Juvenile Justice of the Department of Public Safety. History (2006-69, s. 2; 2011-145, s. 19.1(h), ( l ); 2012-83, ss. 38, 39; 2017-186, s. 2(aaaaa); 2019-76, s. 15.) 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. Session Laws 2019-76, s. 33, provides: "Parts I and II of this act do not affect the coverage, eligibility, rights, responsibilities, or provision of State or federal services or benefits for individuals who have been diagnosed with mental retardation and whose diagnosis has not been changed to a diagnosis of intellectual disability." Session Laws 2019-76, s. 34, made the amendments by Session Laws 2019-76, s. 15 effective October 1, 2019, and applicable to proceedings commenced or services rendered on or after that date. Effect of Amendments. - Session Laws 2011-145, s. 19.1(h) and ( l ), effective January 1, 2012, substituted "Division of Adult Correction of the Department of Public Safety" for "Department of Correction" and substituted "Division of Juvenile Justice of the Department of Public Safety" for "Department of Juvenile Justice and Delinquency Prevention" throughout the section. Session Laws 2012-83, ss. 38 and 39, effective June 26, 2012, in subsection (d), near the middle inserted "or division" and in the last sentence substituted "the Division of Juvenile Justice of the Department of Public Safety, or the Division of Adult Correction of the Department of Public Safety" for "Correction, and Juvenile Justice and Delinquency Prevention"; in subsection (e), substituted "the Division of Juvenile Justice of the Department of Public Safety, or the Division of Adult Correction of the Department of Public Safety" for "Correction, and Juvenile Justice and Delinquency Prevention." Session Laws 2017-186, s. 2(aaaaa), effective December 1, 2017, deleted "and the Division of Adult Correction of the Department of Public Safety" or similar language following "Department of Public Safety" and substituted "and the Division of Adult Correction and Juvenile Justice" or similar language for "the Division of Juvenile Justice" throughout the section; and made stylistic changes. Session Laws 2019-76, s. 15, substituted "developmental center" for "mental retardation center" in the second sentence of subsection (c); and substituted "Department" for "Departments" in subsections (d) and (e). For effective date and applicability, see editor's note.