NC 1502-15 Exceptions for Prior Local Plans

Plain English summary

This regulation governs when an LEA's existing local policies and procedures remain valid for Part B IDEA compliance purposes. It allows prior-filed policies to stay in effect until the LEA voluntarily modifies them or until the SEA requires modifications due to statutory amendments, new court interpretations, or findings of noncompliance. The SEA must recognize qualifying prior local plans as meeting current requirements.

Key requirements

• If an LEA has on file with the SEA policies and procedures that demonstrate that the LEA meets any requirement of NC 1502-1, including any policies and procedures filed under Part B of the IDEA as in effect before December 3, 2004, the SEA must consider the LEA to have met that requirement for purposes of receiving assistance under Part B of the IDEA.
• Policies and procedures submitted by an LEA in accordance with this subpart remain in effect until the LEA submits to the SEA the modifications that the LEA determines are necessary.
• The SEA may require an LEA to modify its policies and procedures, but only to the extent necessary to ensure the LEA's compliance with Part B of the IDEA or State law.
• After December 3, 2004, the effective date of the Individuals with Disabilities Education Improvement Act of 2004, the applicable provisions of the IDEA (or the regulations developed to carry out the Act) are amended.
• There is a new interpretation of an applicable provision of the IDEA by Federal or State courts.
• There is an official finding of noncompliance with Federal or State law or regulations.

Affected parties

• Local Education Agencies (LEAs)
• State Education Agency (SEA)
• Students with disabilities receiving services under Part B of IDEA

Official source

https://www.dpi.nc.gov/documents/publications/catalog/ec144-policies-governing-services/open#page=56