NC 1501-12.1 Hearings Relating to LEA Eligibility

Plain English summary

Before the State Education Agency (SEA) can make a final determination that a Local Education Agency (LEA) is ineligible for assistance under IDEA Part B, it must first provide the LEA with reasonable notice and an opportunity for a hearing. This procedural protection ensures LEAs have due process rights before losing federal special education funding eligibility. The requirement is grounded in both federal statute and NC law.

Key requirements

• The SEA must not make any final determination that an LEA is not eligible for assistance under Part B of the IDEA without first giving the LEA reasonable notice and an opportunity for a hearing under 34 CFR 76.401(d).

Affected parties

• State Education Agency (SEA)
• Local Education Agencies (LEAs)
• students with disabilities served by LEAs

Official source

https://www.dpi.nc.gov/documents/publications/catalog/ec144-policies-governing-services/open#page=42