NC Education Code · Regulation
Title 16 — root / Chapter 06 — 16 NCAC 06H .0107
Plain English summary
This regulation establishes comprehensive special education assessment and placement procedures for LEAs in North Carolina, covering identification, evaluation, IEP development, and due process safeguards for children with disabilities from birth through age 21. It mandates multi-disciplinary evaluations, IEP development and communication with parents in their native language, triennial reevaluations, and a continuum of placements. It also includes specific procedures for Willie M. class members, requiring coordination between local school units, area mental health centers, and the Department of Public Instruction.
Key requirements
- 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.
- LEAs and private schools receiving placements pursuant to G.S. 115C-115 shall implement procedures for identification, screening, evaluation and placement of children with special needs.
- Upon referral of a child pursuant to G.S. 115C-113(c), the parties shall follow the due process safeguards of Rule .0110 of this Subchapter.
- The multi-disciplinary team shall evaluate or reevaluate each child with special needs in accordance with the provisions of 34 CFR 300.530 through 300.536.
- 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 develop an IEP for any child with a disability who is enrolled in a parochial or other private school, but who receives special education or related services from the LEA.
- 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 or other mode of communication used by 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 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.
- 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.
- Parent approval shall not be required prior to reevaluation.
- 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.
- Local school administrative units shall keep an ongoing register of all identified Willie M. class members.
- For certified Willie M. class members local school administrative units shall provide special education services in compliance with an IEP.
- The SBE through the Division for Exceptional Children shall monitor local school administrative units or other facilities which provide educational services to class members to determine if the program is appropriate to meet the needs of the child.
Affected parties
- Local Education Agencies (LEAs)
- Children with disabilities (birth through age 21)
- Parents and guardians of children with disabilities
- Private and nonpublic schools receiving LEA placements
- Academically gifted students
- Pregnant students
- Willie M. class members
- Area mental health centers
- Department of Public Instruction
- State Board of Education
- Division for Exceptional Children