NC Education Code · Regulation
Title 16 — root / Chapter 06 — 16 NCAC 06H .0101
Plain English summary
This regulation establishes definitions for key terms used in the Federal Programs subchapter of NC Administrative Code, including terms related to federal awards, education agencies, and special education concepts such as FAPE, IEP, and LRE. Definitions are largely incorporated by reference from federal regulations in 2 C.F.R. 200.1 and 34 C.F.R. Part 300. The State Board of Education is designated as the State Education Agency (SEA) for North Carolina.
Key requirements
- 'Federal agency' is defined in 2 C.F.R. 200.1.
- 'Federal award' is defined in 2 C.F.R. 200.1.
- 'Federal financial assistance' is defined in 2 C.F.R. 200.1.
- 'Federal program' is defined in 2 C.F.R. 200.1.
- 'Free appropriate public education' or 'FAPE' is defined in 34 C.F.R. 300.101.
- 'Individualized education program' or 'IEP' is defined in 34 C.F.R. 300.320.
- 'Least restrictive environment' or 'LRE' is defined in 34 C.F.R. 300.114.
- 'Local education agency' or 'LEA' is defined in 34 C.F.R. 303.28(a). For the purpose of federal programs administered by the State Board of Education, the term 'LEA' includes any public school unit, as defined in G.S. 115C-5(7a), that is a subrecipient of a federal award.
- 'Parent' is defined in 34 C.F.R. 300.30.
- 'Recipient' is defined in 2 C.F.R. 200.1. For the purpose of federal programs administered by the State Board of Education, 'recipient' includes a 'grantee' as defined in 34 C.F.R. 77.1(c).
- 'State education agency' or 'SEA' is defined in 34 C.F.R. 300.41. The State Board of Education is the SEA for the State of North Carolina.
- 'Subaward' is defined in 2 C.F.R. 200.1.
- 'Subrecipient' is defined in 2 C.F.R. 200.1. For the purpose of federal programs administered by the State Board of Education, 'subrecipient' includes a 'subgrantee' as defined in 34 C.F.R. 77.1(c).
- The provisions of 2 C.F.R. 200.1 and Subpart A of Part 300 of Title 34 of the Code of Federal Regulations are incorporated by reference throughout this Subchapter, including subsequent amendments and editions thereof.
Affected parties
- Local education agencies (LEAs)
- Public school units
- State Board of Education
- Federal program recipients and subrecipients
- Parents of students with disabilities