Federal Regulations & State Policies
CONTACT :: Carol Ann Hudgens, Section Chief for Policy, Monitoring, and Audit
CONTACT :: Nicole Sinclair, Section Chief for Special Programs & Data
NC Policies Governing Services for Children with Disabilities-Revised March 2021
Related Links
IDEA Website
This site provides a “one-stop shop” for IDEA resources and the implementing regulations. It is a user friendly website that changes as more information becomes available. Viewers can use it to cross-reference content from other laws, such as No Child Left Behind (NCLB), the Family Education Rights and Privacy Act (FERPA), etc. There are video clips, topic briefs on some regulations, links to technical assistance from the Office of Special Education Programs (OSEP), and a Q & A Corner where viewers can submit questions.
Family Educational Rights and Privacy Act (FERPA)
Family Policy Compliance Office (FPCO)
The mission of the Family Policy Compliance Office (FPCO) is to meet the needs of the Department's primary customers–learners of all ages–by effectively implementing two laws that seek to ensure student and parental rights in education: the Family Educational Rights and Privacy Act (FERPA) and the Protection of Pupil Rights Amendment (PPRA).
Project Child Find
Child Find Posters and Brochures are mailed annually to LEA School Systems and Central Offices, Charter Schools, State-Operated Programs, and Non-Public Schools in our effort to locate and serve children with special needs. Please join the effort by getting the information out to your local communities!
Child Find Transition Calculator - updated 7.7.21
Protecting the Student Voice in the Special Education Process
This guidance manual was developed to assist LEAs in developing a special education surrogate parent program. The manual will provide guidance with how to:
- Identify and verify the need for a special education surrogate parent;
- Recruit and train individuals to be surrogate parents;
- Assign surrogate parents appropriately;
- Monitor and evaluate the surrogate parent and surrogate parent program; and
- Review and revise special education surrogate parent assignments, as appropriate
The manual also includes a section that can be used as a handbook for surrogate parent volunteers and sample forms to help the LEA in implementing procedures.
Manual: Special Education Surrogate Parents
Non-Public Schools
Non-Public Schools
The Individuals with Disabilities Education Act (PL 108-446) and Article 9 of North Carolina state law require that the Department of Public Instruction monitor on a regular basis non-public schools and facilities that provide special education and related services to children with disabilities who are placed in or referred to them by a local education agency (LEA). If the program maintains approval status, Local Education Agencies (LEAs) may use public education funds to help defray the special education and related services costs for students with disabilities at the school.
Non-Public Schools Website
The North Carolina Division of Non-Public Education (DNPE) exists by authority of G.S. 115C–553, G.S. 115C–561, G.S. 115C–563(b) and G.S. 115C–566(a) to administer the requirements of Article 39, Chapter 115C of the North Carolina General Statutes which govern non-public schools (both conventional non-public and home).
Non-Public Schools' Exceptional Children Program Approval Process
- Initial Non-Public Schools' Exceptional Children Program Approval Process
- Prerequisites For Non-Public Schools' Exceptional Children Program Approval
- Non-Public Schools' Annual Exceptional Children Program Self-Assessment
- Non-Public Schools' Exceptional Children Program On-Site Review Activities
Directory of North Carolina Non-Public Schools Offering Approved Special Education Services
Psychiatric Residential Treatment Facilities (PRTFs)
Yours, Mine, or Ours: A Guide to Collaboration between LEAs and PRTFs
PRTF Exceptional Children Program Approval Process
Directory of Approved Psychiatric Residential Treatment Facilities (PRTFs)
Forms
The state forms are used by exceptional children personnel within local education agencies and state operated programs to assist with the documentation of data collection and programming for children with disabilities.
The current state forms have been amended and will be used statewide with the implementation of Every Child Accountability Tracking System (ECATS).
| FORM NAME | DETAILS | EFFECTIVE DATE |
| Used for inviting the parent, guardian and/or student to IEP Team meetings | April 17, 2018 | |
|
Consent - Invitation of Outside Agencies for Transition Services |
Pre-K and Post-Secondary Transition | April 17, 2018 |
| Can only be used for required IEP Team members if excused member provides input to the IEP Team in writing prior to the meeting or the excused member(s) area is not being discussed | April 17, 2018 | |
| Used when a disability is suspected for a school-age child | April 25, 2018 | |
| Used when a disability is suspected for a pre-school child | ||
| Documents parental consent to conduct evaluations | April 25, 2018 | |
| ELIGIBILITY WORKSHEETS | ||
| Documents the results of the required screening and evaluations when Autism is suspected | November 6, 2021 | |
| Documents the results of the required screening and evaluations when Deaf-Blindness is suspected | May 16, 2018 | |
| Documents the results of the required screening and evaluations when Deafness is suspected | May 16, 2018 | |
| Documents the results of the required screening and evaluations when Developmental Delay is suspected | May 16, 2018 | |
| Documents the results of the required screening and evaluations when Emotional Disability is suspected | May 23, 2018 | |
| Documents the results of the required screening and evaluations when Hearing Impairment is suspected | May 23, 2018 | |
| Documents the results of the required screening and evaluations when Intellectual Disability is suspected | May 23, 2018 | |
| Documents the results of the required screening and evaluations when Multiple Disability is suspected | May 23, 2018 | |
| Documents the results of the required screening and evaluations when Orthopedic Impairment is suspected | November 6, 2019 | |
| Documents the results of the required screening and evaluations when Other Health Impairment is suspected | November 6, 2019 | |
| Documents the results of the required screening and evaluations when Specific Learning Disability is suspected | November 6, 2021 | |
| Documents the results of the required screening and evaluations when Speech or Language Impairment is suspected | November 6, 2019 | |
| Documents the results of the required screening and evaluations when Traumatic Brain Injury is suspected | November 6, 2019 | |
| Documents the results of the required screening and evaluations when Visual Impairment is suspected | November 6, 2019 | |
| Documents the IEP Team's decision regarding whether or not a child is a child with a disability | April 26,2018 | |
| Documents the specially designed instruction and related services necessary to provide a child with a disability a free appropriate public education | April 26, 2018 | |
| Documents the communication used and/or necessary for students who are deaf or hard of hearing | November 6, 2019 | |
| Documents the factors considered when determining extended school year for a child with a disability | ||
| Documents the final decisions of the IEP Team | April 26, 2018 | |
| Documents the initial consent for the provision of special education and related services | April 26, 2018 | |
| Documents the special education services made available to a child with a disability that has been parentally placed in private school | February 18, 2020 | |
| Notice of a disciplinary change in placement | February 18, 2020 | |
| Documents whether or not a disciplinary change in placement is a manifestation of a child's disability | February 18, 2020 | |
| Summary of the child's academic achievement and functional performance, which includes recommendations on how to assist the child in meeting the child's postsecondary goals. | ||
| Documents the IEP Team's review of existing data and whether or not additional data are needed to determine if a child is still a child with a disability and specially designed instruction and related services | April 26, 2018 | |
| SUPPLEMENTAL FORMS | ||
|
Consent for Release of Contact Information to Residential Schools for the Deaf & Blind |
Requires North Carolina public schools to provide a consent for release of information form to parents, guardians, or custodians of students identified with a primary disability of hearing and/or vision loss, or if the student is identified as multiple disabled and has hearing and/or vision loss. |
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Students with Specific Learning Disabilities & Mathematics Sequence Exemption for HS Graduation |
This is a guide to assist IEP Teams in determining whether or not a math sequence exemption is appropriate for a child with a disability. NC General Statute (115C-81b) |