§ 115C-108.1. State Board lead agency. - North Carolina Statutes

Part 1C. InteragencyCoordination.

§ 115C‑108.1.  StateBoard lead agency.

(a)        The Board shallcause all local educational agencies to provide special education and relatedservices to children with disabilities in their care, custody, management,jurisdiction, control, or programs.

(b)        The jurisdiction ofthe Board with respect to the design and content of special education programsor related services for children with disabilities extends to and over theDepartment of Health and Human Services, the Department of Juvenile Justice andDelinquency Prevention, and the Department of Correction.

(c)        All provisions ofthis Article that are specifically applicable to local school administrativeunits also are applicable to the Department of Health and Human Services, theDepartment of Juvenile Justice and Delinquency Prevention, and the Departmentof Correction, and their divisions and agencies; all duties, responsibilities,rights, and privileges specifically imposed on or granted to local schooladministrative units by this Article also are imposed on or granted to theDepartment of Health and Human Services, the Department of Juvenile Justice andDelinquency Prevention, and the Department of Correction, and their divisionsand agencies. However, with respect to children with disabilities who areresidents or patients of any State‑operated or State‑supportedresidential treatment facility, including a school for the deaf, school for theblind, mental hospital or center, mental retardation center, or in a facility operatedby the Department of Juvenile Justice and Delinquency Prevention, theDepartment of Correction, or any of their divisions and agencies, the Board maycontract with the Department of Health and Human Services, the Department ofJuvenile Justice and Delinquency Prevention, and the Department of Correctionfor the provision of special education and related services and the power toreview, revise, and approve any plans for special education and relatedservices to those residents.

(d)        The Departments ofHealth and Human Services, Correction, and Juvenile Justice and DelinquencyPrevention shall submit to the Board their plans for the education of childrenwith disabilities in their care, custody, or control. The Board may grantspecific exemptions for programs administered by the Department of Health andHuman Services, the Department of Juvenile Justice and Delinquency Prevention,or the Department of Correction when compliance by them with the Board'sstandards would, in the Board's judgment, impose undue hardship on thatdepartment and when other procedural due process requirements, substantiallyequivalent to those required under this Article and IDEA, are assured inprograms of special education and related services furnished to children withdisabilities served by that department. Further, the Board shall recognize thatinpatient and residential special education programs within the Departments ofHealth and Human Services, Correction, and Juvenile Justice and DelinquencyPrevention may require more program resources than those necessary for optimaloperation of these programs in local school administrative units.

(e)        The Board shallsupport and encourage joint and collaborative special education planning andprogramming at local levels to include local school administrative units andthe programs and agencies of the Departments of Health and Human Services,Correction, and Juvenile Justice and Delinquency Prevention. (2006‑69, s. 2.)