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

(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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Last modified: March 23, 2014