GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2007

H                                                                                                                                                    2

HOUSE BILL 12

Committee Substitute Favorable 3/6/07

Short Title:     Stdnts. Ineligible for Spec. Ed./Protection.	(Public)
Sponsors:
Referred to:

January 29, 2007

A BILL TO BE ENTITLED

AN ACT to implement a recommendation of the house select committee on education of students with disabilities to add a protection for children not determined eligible for special education and related services.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 115C-107.7 reads as rewritten:

"§ 115C-107.7.  Discipline.

(a)       The policies and procedures for the discipline of students with disabilities shall be consistent with federal laws and regulations.

(b) In addition to any federal standards for 'basis of knowledge,' a local educational agency shall be deemed to have knowledge that a child is a child with a disability if, before the behavior that precipitated the disciplinary action occurred, the performance or behavior of the child clearly establishes the need for such services."

SECTION 2. This act is effective when it becomes law.