§ 115C-107.4. Monitoring and enforcement. - North Carolina Statutes

§ 115C‑107.4. Monitoring and enforcement.

(a)        The State Boardshall monitor all local educational agencies to determine compliance with thisArticle and IDEA. The State Board also shall monitor the effectiveness of IEPsin meeting the educational needs of children with disabilities.

(b)        The State Boardshall implement an effective and efficient system of incentives and sanctionsfor local educational agencies in order to improve results for children withdisabilities and meet the requirements of this Article and IDEA. The system,which must be based on a continuum of recognition and sanctions, shall:

(1)        Identify andrecognize local educational agencies that achieve or exceed targets andindicators as determined by the State Board, demonstrate significant improvementover time, and show growth on targets and indicators as determined by eachlocal educational agency.

(2)        Provide consequencesfor local educational agencies that are substantially noncompliant withstatutory and regulatory requirements under this Article and IDEA.

(c)        The system ofincentives developed under subsection (b) of this section may includecommendations, public recognition, allocation of grant funds if available, andany other incentives as considered appropriate by the State Board.

(d)        The system ofsanctions developed under subsection (b) of this section shall include thefollowing:

(1)        Level One – NeedsAssistance: When the State Board determines (i) a local school educationalagency has been in noncompliance for two years and (ii) that agency needsassistance in implementing the requirements of this Article and IDEA, the StateBoard shall take one or more of the following actions:

a.         The Board may directthe local educational agency to allocate additional time and resources fortechnical assistance and guidance related to areas of noncompliance.

b.         The Board may imposespecial conditions on that agency's application for IDEA funds and receipt ofState funds.

c.         The Board may directhow that local educational agency utilizes IDEA and State funds to address theremaining findings of noncompliance. The local educational agency must trackthe use of these funds to show how the funds are targeted to address areas ofnoncompliance.

(2)        Level Two – NeedsIntervention: If the State Board determines (i) that the local educationalagency has been in noncompliance for three years and (ii) that agency needsassistance in implementing this Article and IDEA, the following apply:

a.         The Board may takeany of the actions described in subdivision (1) of this subsection.

b.         The Board shallwithhold, in whole or in part, any further payments of IDEA and State funds tothe agency.

c.         The Board shallrequire the agency to enter into a compliance agreement.

(3)        Level Three – NeedsSubstantial Intervention: In addition to the sanctions described insubdivisions (1) and (2) of this subsection, if at any time the State Boarddetermines a local educational agency (i) needs substantial intervention inimplementing the requirements of this Article and IDEA, or (ii) has establisheda substantial failure to comply with this Article and IDEA, the Board shalltake one or more of the following actions:

a.         The Board shalldirect the agency to implement a compliance agreement, billed to that agency.

b.         The Board shallrecover IDEA and State funds.

c.         The Board shallrefer the agency for appropriate enforcement under State or federal law.

(e)        In addition to theconsequences required under subsections (b) and (d) of this section, the StateBoard shall develop sanctions for local educational agencies that fail toimplement a corrective action or hearing decision. (1977, c. 927, s. 1; 1981, c.423, s. 1; 1983, c. 247, ss. 3, 4; 1989, c. 585, s. 3; 1996, 2nd Ex. Sess., c.18, ss. 18.24(c), (d); 1997‑443, s. 11A.118(a); 1998‑202, s. 4(g);2000‑137, s. 4(j); 2006‑69, s. 2.)