§ 115C-112.1. Establishment; organization; powers and duties. - North Carolina Statutes

Part 1G. Council on EducationalServices for Exceptional Children.

§ 115C‑112.1. Establishment; organization; powers and duties.

(a)        There is herebyestablished an Advisory Council to the State Board of Education to be calledthe Council on Educational Services for Exceptional Children.

(b)        The Council shallconsist of a minimum of 24 members to be appointed as follows: four ex officiomembers; one individual with a disability and one representative of a privateschool appointed by the Governor; one member of the Senate and one parent of achild with a disability between the ages of birth and 26 appointed by thePresident Pro Tempore of the Senate; one member of the House of Representativesand one parent of a child with a disability appointed by the Speaker of theHouse of Representatives; and 14 members appointed by the State Board ofEducation. The State Board shall appoint members who represent individuals withdisabilities, teachers, local school administrative units, institutions ofhigher education that prepare special education and related services personnel,administrators of programs for children with disabilities, charter schools,parents of children with disabilities, a State or local official who carriesout activities under the federal McKinney‑Vento Homeless Assistance Act,vocational, community, or business organizations concerned with the provisionof transition services, and others as required by IDEA. The majority of memberson the Council shall be individuals with disabilities or parents of childrenwith disabilities. The Council shall designate a chairperson from among itsmembers. The designation of the chairperson is subject to the approval of theState Board of Education. The Board shall adopt rules to carry out thissubsection.

Ex officio members of theCouncil shall be the following:

(1)        The Secretary ofHealth and Human Services or the Secretary's designee.

(2)        The Secretary ofJuvenile Justice and Delinquency Prevention or the Secretary's designee.

(3)        The Secretary ofCorrection or the Secretary's designee.

(4)        The Superintendentof Public Instruction or the Superintendent's designee.

The term of appointment forall members except those appointed by the State Board of Education is twoyears. The term for members appointed by the State Board of Education is fouryears. No person shall serve more than two consecutive four‑year terms.

Each Council member shallserve without pay, but shall receive travel allowances and per diem in the sameamount provided for members of the North Carolina General Assembly.

(c)        The Council shallmeet in offices provided by the Department of Public Instruction on a date tobe agreed upon by the members of the Council from meeting to meeting. TheCouncil shall meet no less than once every three months. The Department ofPublic Instruction shall provide the necessary secretarial and clerical staffand supplies to accomplish the objectives of the Council.

(d)        The Council shall:

(1)        Advise the Boardwith respect to unmet needs within the State in the education of children withdisabilities.

(2)        Comment publicly onrules, policies, and procedures proposed by the Board regarding the educationof children with disabilities.

(3)        Assist the Board indeveloping evaluations and reporting on data to the Secretary of Educationunder the federal Individuals with Disabilities Education Act (IDEA), asamended.

(4)        Advise the StateBoard in developing corrective action plans to address findings identified infederal monitoring reports required under the federal Individuals with DisabilitiesEducation Act (IDEA), as amended.

(5)        Advise the StateBoard in developing and implementing policies relating to the coordination ofservices for children with disabilities.

(6)        Carry out any otherresponsibility as designated by federal law or the State Board. (1973, c. 1079, ss. 1‑4;1977, c. 646, ss. 1‑5, 1981, c. 423, s. 1; 1991, c. 739, s. 12; 1991(Reg. Sess., 1992), c. 1038, s. 13; 1997‑443, s. 11A.118(a); 1998‑202,s. 4(l); 2000‑137, s. 4(o); 2001‑424, s. 28.29(a); 2006‑69,s. 2.)