§ 150B-22.1. Special education petitions. - North Carolina Statutes

§ 150B‑22.1.  Specialeducation petitions.

(a)        Notwithstanding anyother provision of this Chapter, timelines and other procedural safeguardsrequired to be provided under IDEA and Article 9 of Chapter 115C of the GeneralStatutes must be followed in an impartial due process hearing initiated when apetition is filed under G.S. 115C‑109.6 with the Office of AdministrativeHearings.

(b)        The administrativelaw judge who conducts a hearing under G.S. 115C‑109.6 shall not be aperson who has a personal or professional interest that conflicts with thejudge's objectivity in the hearing. Furthermore, the judge must possessknowledge of, and the ability to understand, IDEA and legal interpretations ofIDEA by federal and State courts. The judges are encouraged to participate intraining developed and provided by the State Board of Education under G.S. 115C‑107.2(h)[(g)].

(c)        For the purpose ofthis section, the term "IDEA" means The Individuals with DisabilitiesEducation Improvement Act, 20 U.S.C. § 1400, et seq., (2004), as amended, andits regulations. (2006‑69,s. 5.)