(a)  As used in this Chapter a special needs child is one who qualifies under one or more of the criteria listed in this Paragraph:

(1)           a child who is determined by the Division of Public Health, Children's Developmental Service Agency, to be developmentally delayed or have an established condition pursuant to 10A NCAC 43G .0110; including subsequent amendments; or

(2)           a child who is determined by the local educational agency (LEA) to have a disability as defined in G.S. 115C-106.3.

A copy of 10A NCAC 43G .0110 may be obtained from the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, North Carolina, 27699-6714, (919) 431-3000.

(b)  The agency determining eligibility for the services shall have on file an Individualized Education Program (IEP) as defined in G.S. 115C-106.3, an Individualized Family Service Plan (IFSP) as defined in 10A NCAC 27G .0903, a Section 504 Plan as defined in 29 USC 794 or a Person Centered Plan (PCP) as defined in 10A NCAC 70G .0402 to document the "special need" or "disability".

(c)  Eligibility for the supplemental rate is contingent upon the provider's compliance with the activities designated for the provider in the child's individualized plan.


History Note:        Authority G.S. 143B-153(2a);

Eff. December 1, 1992;

Amended Eff. December 1, 2011; April 1, 2001; February 1, 1996.