§ 115C-109.2. Adult children with disabilities; surrogate parents. - North Carolina Statutes

§ 115C‑109.2.  Adultchildren with disabilities; surrogate parents.

(a)        When a child with adisability reaches the age of 18, all of the following apply:

(1)        Notices requiredunder this Article shall be provided to both the child and the child's parent.

(2)        All other rightsaccorded to parents under this Article and IDEA transfer to the child.

(3)        The localeducational agency shall notify the child and the child's parent of thesetransfer rights.

(b)        Notwithstandingsubsection (a) of this section, for a child with a disability who has reachedthe age of majority under State law and who has not been determined to beincompetent but is determined to not have the ability to provide informedconsent with respect to his or her education program, the State Board shallestablish procedures for appointing the parent of the child, or if the parentis not available, another appropriate individual, to represent the educationalinterests of the child throughout the period of eligibility under this section.

(c)        A reasonable effortmust be made to appoint a surrogate for a child with a disability within 30days of a determination that one of the following conditions exists and thatthe child needs a surrogate:

(1)        The parents of thatchild are not known;

(2)        The parents, afterreasonable efforts, cannot be located; or

(3)        The child is a wardof the State.

(d)        A person must beeligible under IDEA to be appointed as a child's surrogate. (1987 (Reg. Sess., 1988), c.1079, s. 2; 1997‑443, s. 11A.118(a); 1998‑202, s. 4(j); 2000‑137,s. 4(m); 2006‑69, s. 2.)