A BILL TO BE ENTITLED
AN ACT to require the state board of education and department of HEALTH and human services to determine responsibility for children with disabilities placed in PRIVATE psychiatric RESIDENTIAL treatment facilities by public agencies other than local educational agencies.
The General Assembly of North Carolina enacts:
SECTION 1.  The State Board of Education and Department of Health and Human Services shall jointly meet and make a determination as to which public agency is responsible for providing special education and related services as required under Article 9 of Chapter 115C of the General Statutes and the federal Individuals with Disabilities Education Improvement Act, 20 U.S.C. § 144, et seq., (2004), as amended, for children with disabilities who are placed in private psychiatric residential treatment facilities by a public agency other than the local educational agency.  The State Board of Education and Department of Health and Human Services shall report the determination and any recommended legislation or policy changes by January 1, 2009, to the Joint Legislative Education Oversight Committee and the Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services.
SECTION 2.  This act is effective when it becomes law.