NC Education Code · NC Policy Manual
NC 1505-1.8 Divided State Agency Responsibility
Plain English summary
This regulation addresses divided responsibility between the State Education Agency (SEA) and other public agencies for ensuring IDEA Part B compliance for children with disabilities who are convicted as adults and incarcerated in adult prisons. When a separate public agency holds responsibility and fails to comply, any federal payment reductions or withholdings must be proportionate to that agency's share of eligible children and limited only to the non-compliant agency.
Key requirements
- Any reduction or withholding of payments to the State under 34 CFR 300.604 must be proportionate to the total funds allotted under section 611 of the IDEA to the State as the number of eligible children with disabilities in adult prisons under the supervision of the other public agency is proportionate to the number of eligible individuals with disabilities in the State under the supervision of the SEA.
- Any withholding of funds under CFR 300.604 must be limited to the specific agency responsible for the failure to comply with Part B of the IDEA.
Affected parties
- Children with disabilities convicted as adults and incarcerated in adult prisons
- State Education Agency (SEA)
- Other public agencies assigned responsibility for incarcerated students with disabilities
- Adult prison systems supervising eligible students with disabilities