GENERAL ASSEMBLY OF NORTH CAROLINA
1989 SESSION
CHAPTER 362
AN ACT TO AMEND THE PROCESS FOR GIVING NOTICE OF DECISIONS REGARDING EXCEPTIONAL CHILDREN.
The General Assembly of North Carolina enacts:
Section 1. G.S. 115C-116(a) reads as rewritten:
"(a) Prior Notice.-The
parent, guardian, or surrogate parent of a child shall be notified promptly when:
(1) The local
educational agency proposes to initiate or change, or refuses to initiate or
change, the identification of a child as a child with special needs; or
(2) The local
educational agency proposes to initiate or change, or refuses to initiate or
change, the child's individualized education program.
when the local educational agency
proposes to initiate or change, or refuses to initiate or change, the
identification, evaluation, or educational placement of a child as a child with
special needs. The written notice shall be in writing and shall contain
a statement advising full explanation of all the procedural safeguards
available to the parent, guardian, or surrogate parent of including the
right to review the proposed decision; decision, and a statement
offering the parent, guardian, or surrogate parent the opportunity for mediation;
mediation. and a copy of this statute and G.S. 150B-23 through 150B-37
or an explanation of the rights afforded by these statutes. It shall be
hand-delivered to the parent, guardian, or surrogate parent or forwarded by
certified or registered mail, return receipt requested. The local
educational agency shall document that all required notices have been sent to
and received by parents, guardians, or surrogate parents."
Sec. 2. This act is effective upon ratification.
In the General Assembly read three times and ratified this the 20th day of June, 1989.