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North Carolina General Statutes 115C-109.2 - Adult children with disabilities; surrogate parents

North Carolina General Statutes > Chapter 115C > Article 9 > § 115C-109.2 - Adult children with disabilities; surrogate parents


Current as of: 2010

(a) When a child with a disability reaches the age of 18, all of the following apply:

(1) Notices required under this Article shall be provided to both the child and the child's parent.

(2) All other rights accorded to parents under this Article and IDEA transfer to the child.

(3) The local educational agency shall notify the child and the child's parent of these transfer rights.

(b) Notwithstanding subsection (a) of this section, for a child with a disability who has reached the age of majority under State law and who has not been determined to be incompetent but is determined to not have the ability to provide informed consent with respect to his or her education program, the State Board shall establish procedures for appointing the parent of the child, or if the parent is not available, another appropriate individual, to represent the educational interests of the child throughout the period of eligibility under this section.

(c) A reasonable effort must be made to appoint a surrogate for a child with a disability within 30 days of a determination that one of the following conditions exists and that the child needs a surrogate:

(1) The parents of that child are not known;

(2) The parents, after reasonable efforts, cannot be located; or

(3) The child is a ward of the State.

(d) A person must be eligible under IDEA to be appointed as a child's surrogate. (1987 (Reg. Sess., 1988), c. 1079, s. 2; 1997-443, s. 11A.118(a); 1998-202, s. 4(j); 2000-137, s. 4(m); 2006-69, s. 2.)

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See also:

North Carolina General Statutes Chapter 115C > Article 9 - Education of Children With Disabilities

U.S. Code Provisions: Students with Disabilities

U.S. Code > Title 20 > Chapter 6 - American Printing House For The Blind
U.S. Code > Title 20 > Chapter 6A - Vending Facilities For Blind In Federal Buildings
U.S. Code > Title 20 > Chapter 33 - Education Of Individuals With Disabilities
U.S. Code > Title 20 > Chapter 55 - Education Of The Deaf
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