H1182: Part-Time Status for Disabled Students. Latest Version

2025-2026



AN ACT to require local school administrative units and charter schools to allow part‑time enrollment of students with disabilities that attend nonpublic schools.



The General Assembly of North Carolina enacts:



SECTION 1.  G.S. 115C‑47 is amended by adding a new subdivision to read:



(53b)  To Allow Part‑Time Students. – Local boards of education shall develop a policy that permits children with disabilities who attend nonpublic school to enroll part‑time in a public school under the board's jurisdiction in accordance with G.S. 115C‑364.1. Each board shall make its policy available on the board's website.



SECTION 2.  G.S. 115C‑107.6(a) reads as rewritten:



(a)      Each local educational agency, in providing for the education of children with disabilities within its jurisdiction, must comply with IDEA and the rules adopted by the State Board under this Article. In addition, each local educational agency shall have in effect policies, procedures, and programs that are consistent with this Article, G.S. 115C‑364.1, IDEA, and rules adopted by the State Board.



SECTION 3.  G.S. 115C‑218.45 is amended by adding a new subsection to read:



(a1)    Any child with a disability who attends nonpublic school is qualified to enroll in a charter school part‑time in accordance with G.S. 115C‑364.1. A charter school shall make information regarding part‑time enrollment available on the school's website. Students enrolled in a charter school part‑time shall not count toward the enrollment growth of the charter school under G.S. 115C‑218.7.



SECTION 4.  Article 25 of Chapter 115C of the General Statutes is amended by adding a new section to read:



§ 115C‑364.1.  Admission for part‑time students.



(a)        The following definitions apply to this section:



(1)        Child with a disability. – A child with at least one disability who because of that disability requires special education and related services.



(2)        Disability. – Includes intellectual disability; hearing impairment, including deafness; speech or language impairment; visual impairment, including blindness; serious emotional disturbance; orthopedic impairment; autism; traumatic brain injury; other health impairments, specific learning disability, or other disability as may be required to be included under IDEA. For a child aged 3 through 7, this term also includes developmental delay.



(b)        Local school administrative units and charter schools shall allow a child with a disability who attends nonpublic school to enroll part‑time to access any courses, programs, or services offered by the local school administrative unit or the charter school, so long as the child is eligible for admission to public school under G.S. 115C‑1 and G.S. 115C‑364.



SECTION 5.  There is appropriated from the General Fund to the Department of Public Instruction the sum of ten thousand dollars ($10,000) in nonrecurring funds for the 2026‑2027 fiscal year to be allocated to local boards of education and charter schools for the administrative costs of implementing the provisions of this act.



SECTION 6.  This act becomes effective July 1, 2026, and applies to requests to begin part‑time enrollment in the 2026‑2027 school year.