2005 North Carolina Code - General Statutes § 115C-115. Placements in private schools, out-of-state schools and schools in other local educational agencies.

§ 115C‑115.  Placements in private schools, out‑of‑state schools and schools in other local educational agencies.

The board shall adopt rules and regulations to assure that:

(1)       There be no cost to the parents or guardian for the placement of a child in a private school, out‑of‑state school or a school in another local education agency if the child was so placed by the Board or by the appropriate local educational agency as the means of carrying out the requirement of this Article or any other applicable law requiring the provision of special education and related services to children within the State.

(2)       No child shall be placed by the Board or by the local educational agency in a private or out‑of‑state school unless the Board has determined that the school meets standards that apply to State and local educational agencies and that the child so placed will have all the rights he would have if served by a State or local educational agency.

(3)       If the placement of the child in a private school, out‑of‑state school or a school in another local educational agency determined by the Superintendent of Public Instruction to be the most cost‑effective way to provide an appropriate education to that child and the child is not currently being educated by the Department of Health and Human Services, the Department of Juvenile Justice and Delinquency Prevention, or the Department of Correction, the State will bear a portion of the cost of the placement of the child. The local school administrative unit shall pay an amount equal to what it receives per pupil from the State Public School Fund and from other State and federal funds for children with special needs for that child. The State shall pay the full cost of any remainder up to a maximum of fifty percent (50%) of the total cost. (1977, c. 927, s. 1; 1979, 2nd Sess., c. 1299, s. 2; 1981, c. 423, s. 1; 1983, c. 768, s. 7; 1987 (Reg. Sess., 1988), c. 1079, s. 3; 1997‑443, s. 11A.118(a); 1998‑202, s. 4(k); 2000‑137, s. 4(n).)