NC Education Code · NC Policy Manual

NC 1502-18 Joint Establishment of Eligibility

Plain English summary

This regulation allows a State Education Agency (SEA) to require two or more Local Education Agencies (LEAs) to jointly establish eligibility for funding if an LEA cannot independently maintain programs of sufficient size and scope to serve children with disabilities. Charter schools operating as LEAs are exempt from this joint eligibility requirement. When joint eligibility is required, the combined funding available to the affected LEAs equals the sum of what each would have individually received.

Key requirements

  • An SEA may require an LEA to establish its eligibility jointly with another LEA if the SEA determines that the LEA will be ineligible under this subpart because the agency will not be able to establish and maintain programs of sufficient size and scope to effectively meet the needs of children with disabilities.
  • An SEA may not require a charter school that is an LEA to jointly establish its eligibility under paragraph (a) of this section.
  • If an SEA requires the joint establishment of eligibility under paragraph (a) of this section, the total amount of funds made available to the affected LEAs must be equal to the sum of the payments that each LEA would have received under NC 1506-1.4 if the agencies were eligible for those payments.

Affected parties

  • State Education Agency (SEA)
  • Local Education Agencies (LEAs)
  • Charter schools operating as LEAs
  • Children with disabilities

Official source

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