NC Education Code · NC Policy Manual
NC 1504-2.6 Referral to and Action by Law Enforcement and Judicial Authorities
Plain English summary
This regulation clarifies that LEAs are not prohibited from reporting crimes committed by children with disabilities to law enforcement or judicial authorities. When reporting such crimes, LEAs must transmit copies of the child's special education and disciplinary records to the relevant authorities, but only to the extent permitted by the Family Educational Rights and Privacy Act.
Key requirements
- Nothing in this part prohibits an LEA from reporting a crime committed by a child with a disability to appropriate authorities or prevents State law enforcement and judicial authorities from exercising their responsibilities with regard to the application of Federal and State law to crimes committed by a child with a disability.
- An LEA reporting a crime committed by a child with a disability must ensure that copies of the special education and disciplinary records of the child are transmitted for consideration by the appropriate authorities to whom the LEA reports the crime.
- An LEA reporting a crime under this section may transmit copies of the child's special education and disciplinary records only to the extent that the transmission is permitted by the Family Educational Rights and Privacy Act.
Affected parties
- Local Education Agencies (LEAs)
- Children with disabilities
- Law enforcement authorities
- Judicial authorities