NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 563

SENATE BILL 67

 

 

AN ACT TO AMEND CHAPTER 1293 OF THE 1973 (2ND SESSION, 1974) SESSION LAWS.

 

The General Assembly of North Carolina enacts:

 

Section 1.  In Section 2 of Chapter 1293 of the 1973 (2nd Session, 1974) Session Laws add a second sentence to read as follows: "This policy shall be the practice of the State for children from birth through age 21 and the State requires compliance by all local education agencies and city and county administrative units, all local human resources agencies including, but not limited to, local health departments, local social service departments, community mental health centers and all State departments, agencies, institutions except institutions of higher education, and private providers which are recipients of General Funds as these funds are defined in G.S. 143-1".

Sec. 2.  In Section 3(a) of Chapter 1293 of the 1973 (2nd Session, 1974) Session Laws add the following after the first sentence: "The General Assembly finds that the complexity of early childhood development precludes the enactment of legislation which is of a sufficiently comprehensive nature to encompass all possible implications. The Departments of Public Instruction and Human Resources shall, therefore, jointly develop an early childhood development program plan with flexibility sufficient to meet the State's policy as set forth in this subsection. Said plan shall provide for the operation of a statewide early childhood development program no later than June 30, 1980, and shall be presented to the Commission on Children with Special Needs by February 2, 1976."

Sec. 3.  In Section 3(b) of Chapter 1293 of the 1973 (2nd Session, 1974) Session Laws, the first sentence, delete the words "shall develop" and substitute in lieu thereof the word "requires". In the second line, change the word "require" to "requires".

Sec. 4.  In Section 3(c) of Chapter 1293 of the 1973 (2nd Session, 1974) Session Laws delete the semicolon (;), substitute a period (.) after the sentence, and add the following: "Each local education agency shall develop program plans to meet the educational requirements of children with special needs and each local human resources agency shall develop program plans to meet the human service requirements of children with special needs in accordance with program standards and in a planning format as shall be prescribed by the State Board of Education and the Department of Human Resources respectively. The State Board and the Secretary of Human Resources shall present a summary of said present program standards and planning format to the Commission on Children with Special Needs by February 2, 1977, and to the General Assembly for its approval.

The General Assembly intends that the educational program and human service program requirements of this act shall be realized no later than June 30, 1982. The General Assembly further intends that currently imposed barriers to educational and human service opportunities for children with special needs by reason of a single standardized test, income, federal regulations, conflicting statutes, or any other barriers are hereby abrogated; except that with respect to barriers caused by reason of income, it shall be permissible for the State or any local education agency or local human resources agency to charge fees for special services rendered, or special materials furnished to a child with special needs, his parents, guardian or persons standing in loco parentis unless the imposition of such fees would prevent or substantially deter the child, his parents, guardian, or persons standing in loco parentis from availing themselves of or receiving such services or materials".

Sec. 5.  In Section 3(d) of Chapter 1293 of the 1973 (2nd Session, 1974) Session Laws add the following after the first sentence: "The General Assembly requires that all programs employ least restrictive alternatives as shall be defined by the Department of Public Instruction and Human Resources".

Sec. 6.  Delete all of Section 6 as it appears in Chapter 1293 of the 1973 (2nd Session, 1974) Session Laws and substitute a new Section 6 to read as follows: "Sec. 6. The Departments of Public Instruction and Human Resources shall jointly develop and promulgate procedures for the establishment and operation of an annual on-going census of children with special needs. Local education agencies through their respective superintendents shall have primary responsibility for conducting the census in each local education agency and each local human resources agency shall cooperate and actively participate in said census. Said census shall be for the purposes of aiding local providers and the respective departments in anticipating personnel, equipment and budgetary requirements; and shall permit the General Assembly to ensure that all children with special needs are identified and that appropriate programs are provided".

Sec. 7.  In Section 7 of Chapter 1293 of the 1973 (2nd Session, 1974) Session Laws add the following after the last sentence: "The Departments of Public Instruction and Human Resources shall each develop and promulgate such standards, rules and regulations as may be necessary to develop and implement the educational and human service program requirements of this act; and shall cause appropriate internal organizational realignments within the respective departments which are designed to enhance the planning, educational program and human service program development and delivery, orderly implementation, and monitoring requirements established by this act".

Sec. 8.  In Section 10(2) of Chapter 1293 of the 1973 (2nd Session, 1974) Session Laws after the word "promptly" delete the comma (,) and insert the words "via parent or guardian conference or,".

Sec. 9.  In Section 10(7) of Chapter 1293 of the 1973 (2nd Session, 1974) Session Laws change "31" to read "33"; and "134" to read "143".

Sec. 10.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 12th day of June, 1975.