The following definitions apply in this Article:

(1)        Authority. – Defined in N.C. Gen. Stat. § 116-201

(2)        Division. – The Division of Nonpublic Education, Department of Administration.

(2a)      Educational technology. – As defined annually by the Authority, an item, piece of equipment, material, product, or system which may be purchased commercially off the shelf, modified, or customized and that is used primarily for educational purposes for a child with a disability.

(3)        Eligible student. – A student residing in North Carolina who has not yet received a high school diploma and who meets all of the following requirements:

a.         Is eligible to attend a North Carolina public school pursuant to Article 25 of this Chapter. A child who is the age of four on or before April 16 is eligible to attend the following school year if the principal, or equivalent, of the school in which the child seeks to enroll finds that the student meets the requirements established by the Authority pursuant to N.C. Gen. Stat. § 115C-562.2(d) and those findings are submitted to the Authority with the child’s application.

b.         Has not been enrolled in a postsecondary institution as a full-time student taking at least 12 hours of academic credit.

c.         Is a child with a disability, as defined in N.C. Gen. Stat. § 115C-106.3(1).

d.         Has not been placed in a nonpublic school or facility by a public agency at public expense.

(3a)      N.C. Gen. Stat. § 115C-562.5 compliant school. – A Part 1 or 2 nonpublic school that consents to comply with the requirements of N.C. Gen. Stat. § 115C-562.5

(4)        Nonpublic school. – A school that meets the requirements of Part 1, 2, or 3 of Article 39 of this Chapter, as identified by the Division.

(5)        Parent. – A parent, legal guardian, or legal custodian of an eligible student.

(5a)      Part 1 or 2 nonpublic school. – A nonpublic school that meets the requirements of Part 1 or Part 2 of Article 39 of this Chapter, as identified by and deemed eligible by the Division.

(5b)      Part-time student. – A child enrolled part time in a public school and part time in a nonpublic school.

(6)        Personal Education Student Account or PESA. – An electronic account provided to a parent for the purpose of holding scholarship funds awarded by the Authority for an eligible student to be used for qualifying education expenses under N.C. Gen. Stat. § 115C-595 ?(2017-57, s. 10A.4(a); 2018-2, s. 6(a), (b); 2021-180, s. 8A.3(l); 2022-74, s. 8A.4(c).)

Terms Used In North Carolina General Statutes 115C-591

  • 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
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.