NC Education Code · Regulation
Title 16 — root / Chapter 06 — 16 NCAC 06H .0106
Plain English summary
This regulation governs non-instructional special education services, primarily transportation obligations for children with disabilities. It assigns transportation funding and provision responsibilities to LEAs, state departments, and other agencies depending on the type of program and placement. It also requires LEAs to arrange for materials, supplies, and equipment essential to special education instructional programs.
Key requirements
- 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.
- LEAs shall provide or pay for the costs of transportation to any private residential or nonresidential program if the student has been placed in or assigned to that private program by the LEA.
- For preschool children with disabilities, payment of these transportation costs must be made from either federal or state preschool program funds.
- If a child with disabilities is assigned to or enrolled in any residential or nonresidential program operated by or under the jurisdiction of the Departments of Health and Human Services or Correction, the department operating the program or having the program under its jurisdiction or control shall provide or pay the costs of transportation.
- When a child is enrolled in a LEA and is counted for funding purposes by the LEA, but attends a class or classes at a Department of Health and Human Services program, the LEA shall provide the transportation to the Department of Health and Human Services program and return to the LEA or home.
- 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 determine and arrange for the provision of all materials, supplies and equipment essential to the instructional programs for children with special needs.
Affected parties
- Local Education Agencies (LEAs)
- Children with disabilities (school-age and preschool)
- Parents of children with disabilities
- NC Department of Health and Human Services
- NC Department of Correction
- NC Department of Transportation
- Local boards of education
- School Support Division of the Department
- Private residential and nonresidential programs