NC 1501-3.5 Children in Public or Private Institutions

Plain English summary

This regulation requires LEAs to ensure FAPE is provided in the least restrictive environment for children in public or private institutions, including through formal arrangements such as memoranda of agreement or special implementation procedures. An exception exists for agency responsibility regarding general supervision for certain individuals in adult prisons, as governed by NC 1501-9.1(d). LEAs bear the primary obligation to make necessary arrangements to fulfill this requirement.

Key requirements

• 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)
• Except as provided in NC 1501-9.1(d) regarding agency responsibility for general supervision for some individuals in adult prisons

Affected parties

• Local Education Agencies (LEAs)
• Children in public institutions
• Children in private institutions
• Students with disabilities requiring FAPE
• Public and private institutional partners

Official source

https://www.dpi.nc.gov/documents/publications/catalog/ec144-policies-governing-services/open#page=29