NC 1501-14.6 Exception for Prior State Plans

Plain English summary

This regulation governs how states may modify their submitted policies and procedures for special education compliance, allowing self-initiated modifications that follow the same rules as original plan submissions. The Secretary retains authority to require state modifications when federal law changes, new court interpretations arise, or noncompliance findings are issued. Existing state policies remain in effect until the state submits necessary modifications.

Key requirements

• Policies and procedures submitted by a State in accordance with this subpart remain in effect until the State submits to the Secretary the modifications that the State determines necessary.
• The provisions of this subpart apply to a modification to an application to the same extent and in the same manner that they apply to the original plan.
• The Secretary may require the State to modify its policies and procedures, but only to the extent necessary to ensure the State's compliance with this part.
• After December 3, 2004, the provisions of the Act or the regulations in this part are amended.
• There is a new interpretation of the IDEA by a Federal court or a State's highest court.
• There is an official finding of noncompliance with Federal law or regulations.

Affected parties

• State educational agencies
• North Carolina Department of Public Instruction
• U.S. Secretary of Education

Official source

https://www.dpi.nc.gov/documents/publications/catalog/ec144-policies-governing-services/open#page=50