2005 North Carolina Code - General Statutes § 115C-111. Free appropriate education for all children with special needs.

Part 2. Nondiscrimination in Education.

§ 115C‑111.  Free appropriate education for all children with special needs.

No child with special needs between the ages specified by G.S. 115C‑109 shall be denied a free appropriate public education or be prevented from attending the public schools of the local educational agency in which he or his parents or legal guardian resides or from which he receives services or from attending any other public program of free appropriate public education because he is a child with special needs. If it appears that a child should receive a program of free appropriate public education in a program operated by or under the supervision of the Department of Health and Human Services or the Department of Juvenile Justice and Delinquency Prevention, the local educational agency shall confer with the appropriate Department of Health and Human Services or Department of Juvenile Justice and Delinquency Prevention staff for their participation and determination of the appropriateness of placement in said program and development of the child's individualized education program. The individualized education program may then be challenged under the due process provisions of G.S. 115C‑116. Every child with special needs shall be entitled to attend these nonresidential schools or programs and receive from them free appropriate public education. (1977, c. 927, s. 1; 1981, c. 423, s. 1; 1997‑443, s. 11A.118(a); 1998‑202, s. 4(h); 2000‑137, s. 4(k).)