(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.

Terms Used In North Carolina General Statutes 115C-109.2

  • board: means a city board of education, county board of education, or a city-county board of education. See North Carolina General Statutes 115C-5
  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3

(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.)