NC Education Code · Regulation
Title 16 — root / Chapter 06 — SubChapter H
Plain English summary
This subchapter establishes operational rules for federal education programs administered by the NC State Board of Education, including definitions, complaint procedures, competitive food sales, special education program administration, transportation, and assessment and placement procedures for children with disabilities. It incorporates federal regulations by reference and assigns responsibilities to LEAs and state agencies for implementing IEPs, evaluations, and due process safeguards. The rules cover a broad range of federal program compliance obligations for LEAs, subrecipients, and state agencies.
Key requirements
- The SBE shall receive, review and resolve complaints involving allegations that the SBE, an LEA, or a subrecipient has violated a federal statute, federal regulation or SBE rule governing a federal program.
- Any person who believes that grounds exist for filing a complaint under Paragraph (a) of this Rule may file a written complaint with the SBE. The complaint shall include: the signature of the complainant; the name of the party alleged to have violated a federal statute, federal regulation, or SBE rule; an identification of the federal statute, federal regulation, or SBE rule alleged to have been violated; a detailed description of facts to support the complaint; and a description of the relief the complainant is seeking.
- The SBE shall review and issue a final written decision for each complete complaint to each party involved within 60 days of receipt.
- The SBE may extend the time for issuing a final written decision up to an additional 60 days if the complainant agrees to an extension or the SBE makes a finding of good cause.
- If the complainant uses the subgrantee's procedure, the person may appeal the subrecipient's final decision to the within 30 days of receipt.
- All competitive foods shall, at minimum, meet the general nutrition standards established by 7 C.F.R. 210.11.
- Each LEA shall maintain records in accordance with 7 CFR 210.11.
- All receipts from the sale of competitive food items before the cafeteria closes for the day shall be deposited in the nonprofit school food service account.
- No full-time public school employee is eligible for part-time employment in nonprofit school food services.
- The only adults who may eat in nonprofit school food services are school employees, personnel on official school business, and invited local patrons, and these persons shall pay, as a minimum, the adult price for lunch.
- Implementation of the provisions of this Section which relate to providing special education and related services is the responsibility of the LEA.
- When a newly identified child with special needs has been diagnosed or evaluated by personnel under the Department of Health and Human Services, appropriate personnel from that department shall contact the LEA of the child's residence and inform that LEA in writing of the evaluation and results.
- LEAs shall provide or pay for the costs of transportation for children with disabilities enrolled in the schools or programs in their local school systems.
- The costs of transportation for a child with disabilities placed in or assigned to a school or program outside the state shall be paid by the LEA placing or assigning the child.
- Reimbursement for transportation costs paid for any one child may not exceed the Department of Transportation allowance per mile unless it is demonstrated by the child or his/her parents that this limitation will work a hardship or is unreasonable.
- LEAs shall be responsible for insuring that all children with special needs within their jurisdiction are identified, located and evaluated, including children in private agencies within their jurisdiction ages birth through 21.
- Each LEA shall develop and implement an IEP for each child with a disability.
- All IEPs shall be developed in accordance with the provisions of 34 CFR 300.340 through 300.350.
- The LEA shall supply to the parent(s) or guardian during a conference or by mail, in language understandable to the general public and in the native language of the parent: a copy of the IEP if requested; a description of the rights of the parent(s); information concerning their right to an independent educational evaluation at public expense; and information concerning the right to appeal the decision and a copy of the appeals procedure.
- The LEA shall complete appropriate in-depth evaluations of children with a disability at least every three years in order to determine the appropriateness of the current educational status of students.
- The parent(s) shall be notified in writing of the results of the reevaluation and the recommendations based on them, and the notice shall meet the requirements of 34 CFR 300.504.
- Each LEA shall make available a continuum of programs, services and placements for each child with a disability in accordance with the provisions of 34 CFR 300.550 through 300.556.
- Local school administrative units shall nominate to area mental health centers children that are suspected to be members of the Willie M. class.
- The LEA shall prepare Group Education Programs (GEPs) for academically gifted students.
- The LEA shall prepare and implement a written program to meet the special educational needs of pregnant students.
Affected parties
- Local education agencies (LEAs)
- State Board of Education (SBE)
- NC Department of Public Instruction
- Children with disabilities
- Parents and guardians of children with special needs
- Subrecipients of federal awards
- Private and nonpublic schools receiving LEA placements
- NC Department of Health and Human Services
- NC Department of Correction
- Program sponsors for child nutrition programs
- Complainants under federal programs
- School food service employees
- Academically gifted students
- Pregnant students
- Willie M. class members