115C-107.1. Free appropriate public education; ages.
(a) A free appropriate public education shall be made available to the following:
(1) All children with disabilities who reside in the State, who are the ages of three through 21, who have not graduated from high school, and who require special education and related services.
(2) Any child with a disability who is receiving special education and related services and who has not graduated from high school until the end of the school year in which that child reaches the age of 22.
(3) Children with disabilities who require special education and related services and who are suspended or expelled from school and entitled to continuing education services as provided in IDEA.
(b) A free appropriate public education is not required to be provided to infants and toddlers with disabilities. However, early intervention services shall be made available to these children under G.S. 143B-139.6A.
(c) If funds are made available, the State Board and the Secretary of Health and Human Services may adopt an agreement to allow the continuation of early intervention services for children with a disability who are at least three years old but before they enter kindergarten or are eligible to enter kindergarten. If an agreement is adopted under this subsection, then a free appropriate public education is not required to be provided to any child with a disability who continues to receive early intervention services in accordance with that agreement.
(d) Nothing in this Article requires a free appropriate public education to be made available to any individual aged 18 through 21 who, in the educational placement immediately before that individual's incarceration in an adult correctional facility, was not actually identified as being a child with a disability and did not have an IEP. (1977, c. 927, s. 1; 1981, c. 423, s. 1; 1989 (Reg. Sess., 1990), c. 1003, s. 5; 1997-443, s. 11A.118(a); 1998-202, s. 4(h); 2000-137, s. 4(k); 2006-69, s. 2.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 115C - Elementary and Secondary Education
Article 9 - Education of Children With Disabilities.
§ 115C-106.3 - Definitions[Effective until January 1, 2023]
§ 115C-107.1 - Free appropriate public education; ages.
§ 115C-107.2 - Duties of State Board of Education.
§ 115C-107.4 - Monitoring and enforcement.
§ 115C-107.5 - Annual reports.
§ 115C-107.6 - Duties of local educational agencies[Effective until January 1, 2023]
§ 115C-107.7 - Discipline, corporal punishment, and homebound instruction.
§ 115C-108.1 - State Board lead agency[Effective until January 1, 2023]
§ 115C-108.2 - Interlocal cooperation.
§ 115C-109.1 - Handbook for parents.
§ 115C-109.2 - Adult children with disabilities; surrogate parents.
§ 115C-109.3 - Access to records; opportunity for parents to participate in meetings.
§ 115C-109.5 - Prior written notice.
§ 115C-109.6 - Impartial due process hearings.
§ 115C-109.7 - Resolution session.
§ 115C-109.8 - Procedural issues.
§ 115C-110.1 - Teacher qualifications.
§ 115C-110.2 - Interpreters/transliterators.
§ 115C-111.1 - Out-of-state students; eligibility for State funds.
§ 115C-111.2 - Contracts with private service providers.
§ 115C-111.3 - Cost of education of children in group homes, foster homes, etc.
§ 115C-111.5 - Allocation of federal funds.
§ 115C-111.6 - Obligation to provide services for preschool children with disabilities.
§ 115C-112.1 - Establishment; organization; powers and duties[Effective until January 1, 2023]
§ 115C-127 through 115C-128 - 115C-127, 115C-128Recodified as §§ 143B-164.10 and 143B-164.13.
§ 115C-130 through 115C-133 - Recodified as §§ 143B-164.14 through 143B-164.17.