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A GUIDEBOOK TO
PUBLIC EDUCATION RIGHTS
IN NORTH CAROLINA
Featuring Practical Tips for the Following Situations:
The school is trying to suspend or expel a child for more than 10
days
A child is struggling in school and needs extra help
The school is refusing to allow a child to enroll
A service of :
Legal Aid of North Carolina, Inc.
Advocates for Children’s Services
With support from:
Action for Children North Carolina
Council for Children’s Rights
Disability Rights North Carolina
Duke Law School’s Children’s Rights Clinic
Exceptional Children’s Assistance Center
North Carolina Justice Center
UNC Center for Civil Rights
NOTE: This handbook is meant only to be a source of information. It is not legal
advice. If you want legal advice, you should consult a lawyer for advice based on
the specific facts of your case.
LEGAL AID NC
“The test of the morality of a society is what it does for its children.”
-Dietrich Bonhoeffer
THREE KEY EDUCATIONAL RIGHTS
THE RIGHT TO A SOUND BASIC EDUCATION
The Constitution of North Carolina guarantees each child the right to a sound basic
education. At its most basic, a sound basic education must at least ensure that the student
reads, writes and understands science, math, and technology well enough to make sense of
life in the 21st century; understands history, civics, geography, and economics well enough to
be an informed member of society who can participate in the democratic process; be able to
successfully pursue college or vocational education upon graduation; and have enough
knowledge and skills to compete for further education or a decent job.
This means public schools have to provide a certain quality of education. If a child is
consistently struggling academically, the school has an obligation to try to help that child get
up to speed.
THE RIGHT TO DUE PROCESS OF LAW
Because every child has a right to a sound basic education, the North Carolina and United
States Constitutions require that schools must give a student an opportunity to be heard and
notice of that opportunity before taking that right away. Courts call this the right to due
process of law.
When students are suspended or expelled, their right to education is being taken away, so
schools must provide them with due process in the form of notice and a hearing. North
Carolina’s courts have said that due process requires a hearing before an impartial decision-
maker where students can present evidence in their defense, challenge evidence used by the
school to justify the suspension or expulsion, and cross-examine witnesses against them.
THE RIGHT TO SPECIAL EDUCATION FOR DISABLED STUDENTS
Federal law guarantees that children with certain disabilities have a right to receive a free,
appropriate public education in the least restrictive environment. This means that
disabled children have a right to receive free educational services that are appropriate to their
needs.
LEGAL AID NC
“The test of the morality of a society is what it does for its children.”
-Dietrich Bonhoeffer
TABLE OF CONTENTS
Three Key Educational Rights ......................................................................................................... i
Table of Contents ............................................................................................................................ ii
General Tips for Working with Schools ........................................................................................ iii
Obtaining Student Records .......................................................................................................... ivv
If You Have a Complaint, File a Grievance ................................................................................ viii
The Purpose of the Guidebook ....................................................................................................... 1
How to Use the Guidebook ............................................................................................................. 1
Section I
Is the school trying to remove a child from school for more than 10 days?
(Long-term suspensions, 365-day Suspensions, and Expulsions) .................................................. 2
Quick Guide: Long-Term Suspension and Expulsion Proceedings ............................................ 3
Quick Guide: What to Look for at the Due Process Hearing ..................................................... 4
Quick Guide: School Discipline for Special Education Students ............................................... 5
Quick Guide: Preparing for a Manifestation Determination Review (MDR)............................. 8
Section II
Is your child struggling academically? (State Standards, A Sound Basic Education and
Special Education) .......................................................................................................................... 9
Quick Guide: End-of-Year Testing and Retention ................................................................... 10
Quick Guide: Graduation Requirements ................................................................................... 15
Quick Guide: A Sound Basic Education ................................................................................... 17
Quick Guide: The Basics of Special Education ........................................................................ 20
Quick Guide: The Special Education Process .......................................................................... 23
Quick Guide: Preparing for an IEP Meeting............................................................................. 27
Quick Guide: 504 Plans ............................................................................................................ 30
Section III
Are you having problems enrolling a child in school? ................................................................. 31
Quick Guide: School Enrollment Problems.............................................................................. 32
Resources and Credits ................................................................................................................... 38
ii
GENERAL TIPS FOR WORKING WITH SCHOOLS
No matter what the setting or how well a child is doing in school, there are certain things parents,
guardians, and advocates can do to ensure their children’s rights are protected and to build good
relationships with the school administrators and teachers who work with their children.
Put it in writing. If you make a request (for a meeting or services), do it in writing and keep
a copy of the letter for your records. If you have a phone conversation with a teacher or
principal, write down notes about what you discussed, and, if possible, send a letter to the
school confirming what was discussed.
Keep good records. Get a binder, file folder, or box and keep all records (report cards,
letters from school, student handbooks, evaluations, etc.) in one place. If something happens
in fifth grade, it is important to be able to look back and see how what has happened in the
past may have affected the situation.
Take someone with you. Very often there are people in the community who help parents in
dealing with the school. Especially if there is a problem that made it necessary for you to
meet with teachers or the principal, it is a good idea to bring someone with you to the
meeting or hearing (tell the school in advance that you will be bringing the person). At most
meetings, there will be several school employees present, so it may help you feel more
comfortable to not be alone. Also, there will be someone to witness what happened in case
there is a later dispute about what took place at the meeting. Especially if the person is an
advocate who knows the school rules, he or she can offer suggestions at the meeting or point
out if the school is not doing what it should. Finally, having a third-party often helps keep
the meeting focused and productive.
Visit classes and try to meet your child’s teachers. It helps to see firsthand what your
child is experiencing every day. Most schools allow parent visits to the classroom. Teachers
generally know better than anyone where your child’s academic strengths and weaknesses
lie. Getting to know them can help you understand how your child is doing in school and
how your child can do even better.
Keep up to date on your child’s assignments and progress. Does your child have
homework? How is your child doing on tests? If your child is struggling, you may not even
know it until the grades come home. If you ask, most teachers will provide you with
progress reports or updates on how your child is doing – they appreciate it when parents are
involved in their child’s work.
iii
OBTAINING STUDENT RECORDS
One of the most important things a parent or advocate can do to understand how a child is doing
in school is to get a copy of the student’s academic records. This is also the first step any parent
or advocate should take to determine if the child needs extra help in school or to prepare for a
meeting or hearing at school.
In North Carolina, each student’s official record must contain, at a minimum, attendance data,
the student’s grades, and information relating to promotion or retention decisions for each grade.
The student’s file may contain additional information as well.
The Family Educational Rights and Privacy Act (FERPA) is a federal law governing the
maintenance of student records. That statute gives parents the right to inspect a student’s
“education records,” which include any information that is related to the student and possessed
by the school district. Under FERPA, a child’s parents must be allowed to obtain the student’s
education records. A child’s parents can authorize someone else to obtain their child’s records
on their behalf.
The next page contains a form letter that can be sent requesting a student’s records. The page
after that contains a release form that, if signed by a child’s parent or guardian, authorizes
someone other than the parent to request the child’s records.
iv
Request for Student Records
Date: ____/____/____
Your name: _______________________
Your full mailing address: _______________________
_______________________
Your phone number: _______________________
Name of the Principal: _______________________
School’s mailing address: _______________________
_______________________
_______________________
Dear Principal _______________:
I would like to review the academic records of _______________, a student at your school. I would like
a complete copy of the student’s official academic record, including:
a complete academic transcript;
level of achievement on all standardized tests, including all end-of-grade and end-of-course
exams and State writing assessments;
attendance data;
progress reports;
records or reports of behavioral incidents, including referral forms, notices of in-school or out-of-
school suspensions, or records from disciplinary proceedings;
results of any benchmark tests the student has taken in current or already completed courses or
grade levels;
any current or former Personal Education Plan; and
records of the student’s involvement in any school-sponsored tutoring, drop-out prevention, or
other enrichment program.
If applicable, I also would like a copy of the student’s confidential psychological file, including:
information regarding any special education services and testing, including any IEPs or student
assistance plans, that have been in place for the student in the last four years;
the results of any testing or evaluation in the last four years; and
minutes of any IEP meetings held during the last four years.
Thank you for your prompt attention to this matter. If you have any questions or need additional
information, please feel free to contact me.
Sincerely,
____________________
v
Authorization to Release Confidential Information
Student’s Name: ______________________________________________________
Student’s SSN: ___________________________ Date of Birth: ____________
***
I, ___________________________, request and authorize _________________________
(Parent or Guardian) (School Name)
and ____________________________ to provide the cumulative academic file, or any part of
(School District Name)
the cumulative academic file, of the student named above to ________________________.
(Advocate’s Name)
This authorization applies to inspecting and copying:
School Records & Information, including transcripts, attendance records, and disciplinary
records
Educational Tests & Results, including end-of-year test and benchmark test results
Assessments and Records related to Special Education
***
___________________________________________ ________________________
(Parent or Guardian’s Signature) (Date)
vi
IF YOU HAVE A COMPLAINT, FILE A GRIEVANCE
State law requires school boards to set up a way for parents and students to formally complain if
they believe the school or a school employee has violated a board policy, state or federal law, or
a student’s or parent’s rights. See N.C. Gen. Stat.115C-45(c). In response, each school district
has created a school board policy that allows parents or students to file a formal grievance.
A formal grievance is a written statement of what the school or school employee did and why the
student or parent thinks that action violated board policy, some law, or a student’s rights. Once
you file a formal grievance, the principal must investigate and respond in writing. If you are not
satisfied with the response, you can file a written appeal to the superintendent and ultimately to
the school board. Each school district has its own policy, so the exact procedure may be
different in your school district, but that is the general outline.
The grievance policy requires that complaints be made in writing – calling the principal is not
enough. Although some principals might do the right thing and investigate if you call, they are
not required by law or any policy to respond to verbal complaints. They are required to respond
to formal grievances. The added advantage is that putting your complaint in writing documents
the incident; the school can’t later say, “We didn’t know about the problem,” if you have a copy
of the written grievance you sent in.
If you have a concern or think the school has done something wrong, you should first call the
school and try to talk with the principal. Then, if you get no response, get blown off by the
principal, or are not satisfied with the response, file a formal grievance.
Attached is a formal grievance form, which you can use. Below are tips on how to use it:
You should provide specific details about the incident, including as much evidence of
wrongdoing as you have (example: if a teacher hit your child and you have pictures
showing the bruises, attach copies of the pictures to the grievance).
You also must include what board policy, laws, or rights you think were violated. If you
think someone did something wrong, but aren’t sure what policy or law was violated,
look through your district’s school board policies – your instincts are probably right that
some policy was violated.
Make a copy of the completed grievance and keep it for your records. You want to be
able to prove that you filed it if the principal does not respond.
Send the grievance by mail (certified is best, but not necessary) or deliver it in person to
the school office.
vii
FORMAL GRIEVANCE FORM
Date:
Student’s Name:
Student’s School:
Dear Principal ____________________,
I am filing a formal grievance under the school board policies because
____________________________ has violated school board policies and/or state or federal law.
(Name of School Employee)
The facts supporting my grievance are (explain the incident or the decision or actions by a school
employee that you are complaining about):
This violates school board policy and/or state or federal law because (explain which school board
policy and/or state or federal law was violated by the employee):
I look forward to receiving your written response to this grievance, explaining what
actions you will take to correct the violation of school board policy and/or state or federal law.
My address is:
_________________________________________________________________________.
Sincerely,
________________________
viii
THE PURPOSE OF THE GUIDEBOOK
Although schools have much power and control over rules and procedures that affect
students, the truth is that the school system and its teachers, principals, and administrators have
not been given enough resources to do all that is expected of them. Given how challenging it is
to meet every child’s needs and because they are stretched so thin, even the best-meaning school
officials may minimize or gloss over rights or protections students have. Therefore, key
educational rights often will not be fully protected unless someone is willing and able to stand up
for the child.
A Guidebook to Public Education Rights in North Carolina is intended to be a
resource for parents, advocates, and community leaders to better understand educational rights of
children in North Carolina and also to help them advocate effectively and confidently for
students’ rights.
HOW TO USE THE GUIDEBOOK
We hope this Guidebook will clearly explain rights of public school students and provide
practical tips and useful sample letters in five key areas: school discipline, state accountability
standards, quality of education, special education, and school enrollment. However,
because these areas sometimes overlap, and to make the information more user-friendly, the
Guidebook contains three sections based on problems children often encounter:
Is the school trying to remove a child from school for more than 10 days?
Is a child struggling in school?
Is the school refusing to allow a child to enroll?
Each section is broken down into several Quick Guides, which explain the specific rights that
children have; outline the procedures that exist to advocate for those rights; and contain advice,
guidance, and other resources to help advocates effectively argue for the students’ rights. Some
sections also include contact information for organizations that may be able to help parents or
advocates.
The Guidebook was not written expecting that parents and advocates will memorize the
information about educational rights and the procedures and strategies they can use to protect
those rights. Instead, the Guidebook is intended as a resource to use when a problem arises.
Parents and advocates can turn to the appropriate section of the Guidebook when they
encounter a problem and find the Quick Guides that explain what rights are at stake and what
process exists to help the student. Then they can turn to other Quick Guides that provide
practical advice, tips, and sample documents to enable them to navigate the process and advocate
effectively.
LEGAL AID NC
“The test of the morality of a society is what it does for its children.”
-Dietrich Bonhoeffer
SECTION I
Is the school trying to remove a child from school for more than 10 days?
(Long-term suspensions, 365-day Suspensions, and Expulsions)
The Problem. During the 2004-2005 academic year, more than 150,000 students were
suspended statewide in North Carolina, causing them to miss close to a million class days.
Students in North Carolina are 45 % more likely to be suspended than the national average.
Children who are suspended often suffer long-term harms, such as:
Students miss class time and fall behind in school. A lot of missed class time increases
the chances that a student will be held back.
Students who are suspended are three times more likely to drop out of school.
Many students who have been suspended have no alternatives but to pass their time on
the street, which leads to greater risk of getting in trouble and other harms.
Schools have a lot of power in suspensions: they can impose anywhere from a 10-day to
end-of-school-year suspension on “any pupil who willfully violates the policies of conduct
established by the local board of education.” N.C. General Statute § 115C-391(c). Because
there is no law limiting what schools can prohibit, the schools basically write their own rules.
What you can do. Even though schools have a lot of power in suspending students,
before they can kick a student out for more than 10 days, they must: (1) give notice to parents
that their child is being suspended, and (2) allow an opportunity to appeal the suspension. Courts
call this requirement due process. Just because you are told by the principal that your child is
being suspended, that is not the end of the matter – you can challenge the principal’s decision.
**** Some school districts have policies that allow “advocates” (people who are not attorneys)
to speak for students and their parents at suspension hearings. Unless your school district has a
policy allowing such advocates, it may be the unauthorized practice of law, which is illegal, for
anyone other than the parent or guardian to speak on behalf of the student at the hearing. ****
This section of the Guidebook explains how a parent or advocate can increase the
chances a child will be able to return to school. It contains four Quick Guides:
Quick Guide: Long-Term Suspension and Expulsion Proceedings in North Carolina
explains the timelines, rules, and rights you have to challenge a suspension or expulsion.
Quick Guide: What to Look for at the Due Process Hearing helps you prepare to defend
your child if you request a hearing to challenge the suspension.
Quick Guide: School Discipline for Special Education Students explains the special rights
and protections that students who qualify for special education services receive.
Quick Guide: How to Prepare for a Manifestation Determination Review (MDR) helps
you prepare for the special meeting required before special education students can be
suspended for more than 10 days.
Note: All data cited in this section come from “One Out of Ten: The Growing Suspension Crisis in North Carolina,”
September 2005, North Carolina Child Advocacy Institute, 311 East Edenton Street, Raleigh, NC 27601.
2
QUICK GUIDE: LONG-TERM SUSPENSION AND EXPULSION PROCEEDINGS
**** Each of NC’s 115 school districts has its own procedures, so this timeline is generalized and may not apply to
your district; read the particular school district’s policies and procedures before doing anything else. Some districts
have only one hearing: before the School Board. ****
INCIDENT
10-DAY SUSPENSION BEGINS
What to expect What notice you should receive
1. Call from principal to parent 1. Should receive written notice
2. Letter from school detailing 2. Notice should contain factual details
incident sent home of incident
3. Principal recommends long- 3. Notice should reference provisions of
term suspension or expulsion Student Code allegedly violated
PARENT REQUESTS HEARING
Must be in writing
Must be submitted 3-5 days after 10-day
suspension begins
DUE PROCESS HEARING
Should occur within 3-5 days of request for hearing
Parent should receive written decision within 2-5 days of hearing
(See attached sheet for what to look for at hearing and in written decision)
Superintendent upholds recommendation; imposes
long-term suspension.
Superintendent rejects
recommendation.
Student goes back to PARENT APPEALS DECISION
school! Must be in writing
Usually must be submitted 3-5 days
after superintendent’s decision
BOARD HEARING
Usually no new evidence allowed
Usually within 5-7 days of receipt of notice of appeal
Board overturns Board upholds superintendent’s decision.
superintendent’s decision. Parent has 30 days to appeal decision to
Student goes back to school! superior court. See N.C. Gen. Stat. 115C-
391(e), and 150B-42 through 150B-53.
For more information, advice, and possible legal representation, you may contact:
Advocates for Children’s Services: 919-226-0052 (Statewide)
UNC Center for Civil Rights: 919-832-9807 (Statewide)
Duke Education Law Clinic: 919-613-7169 (Alamance, Caswell, Chatham, Durham, Granville,
Franklin, Orange, Person, Vance, Wake, and Warren)
Council for Children’s Rights: 704-372-7961 (Greater Charlotte area)
You may also contact your local Legal Aid office.
3
QUICK GUIDE:
WHAT TO LOOK FOR AT THE DUE PROCESS HEARING
**** Important note about this Quick Guide ****
Each school district has different policies and procedures. This packet contains only general
information, so it is important to review the specific school district’s policies.
Questions to ask before the hearing:
What provisions of the student code is the student accused of violating?
o Read the student code carefully. Sometimes the student’s conduct did not violate
the specific terms of the policy.
What are the hearing procedures?
o Read the procedures carefully. A failure to follow the policies may allow the
school to prevent the student from exercising certain rights.
o Example: Some policies require the student to notify the school, in writing, several
days before the hearing if they intend to call witnesses.
Does the student admit the alleged conduct?
o If yes, the student’s best argument will be that the punishment is too severe for the
conduct or for the particular student.
Gather evidence that may convince a principal or hearing officer that they
should be lenient or that this was a one-time mistake.
Examples: The student has mental health problems and recently began
counseling; the student has no disciplinary history prior to this event;
student has been through a lot of difficult and really needs to be in school.
Ask people who know the student well (pastor, neighbors, mentor) to
come to the hearing and say good things about the student. If they can’t
come, have them write out and sign a statement saying those things.
o If no, the students will need evidence to dispute the charges.
Think about what witnesses, documents, or other evidence will help prove
that the student did not do what he or she is accused of.
Gather as much of it as you can for the hearing.
Do whatever you can to get people to come who can help support your
position. If they can’t come, at least get a written statement.
What is the nature of the evidence likely to be presented against the student?
o If there is physical evidence or written reports (police reports or a school incident
report), you should request copies before the hearing and review them in order to
be prepared.
o If the evidence against the student is likely to be oral testimony, think about what
the witnesses are likely to say and prepare (write out questions beforehand) what
to ask those witnesses.
Do you have the student’s records, including discipline record and grades?
o Request the student’s “cumulative academic file” from the school and review it.
The principal will use any negative information in the file against your student, so
be prepared to talk about the positive things.
Does the student receive special education services (have an individualized education
program (IEP) in place, or been referred for testing)?
o If yes, see Quick Guide: School Discipline for Special Education Students
4
Questions to ask during the hearing:
Did the person speaking personally observe or experience what he or she is talking about?
o Example: Often principal will testify, “Another student told me that [the accused
student] did …” but the other student is not at hearing.
o Example: Principals may present written statements from other students who are
not present about what they saw.
o If not, make the following argument: “That testimony violates the student’s
rights for two reasons: (1) Due process requires that the student be able to cross-
examine witnesses against them, and the actual witness is not present to answer
questions; and (2) because the person who actually witnessed the event is not
present and cannot be questioned, the hearing officer cannot determine if what
they told this person is believable and accurate.”
o If not, also ask what steps the principal took to verify that the person’s
statements are true. Examples: Did the person actually see what happened or
instead rely on what other people said happened? Does the person know the
accused student – are they enemies? Is the person friends with any victim or
another student who is helped by their statement?
o If principal took no steps or otherwise cannot answer these questions, argue that
the hearing officer should not give weight to this evidence.
Did the principal talk to any other students besides the witness against your student?
o Principals often only present evidence that hurts (incriminates) your student, even
if they received information that would help (exculpate) your student.
Are you able to ask questions to the school’s witnesses?
o You should be able to respectfully ask questions to the school’s witnesses and
have them answer the questions you ask.
o If the witness does not fully answer a question, respectfully state that you do not
believe your question was answered and ask it again.
Were other students involved in the incident?
o If they received significantly lighter punishments, this may show an unfair
application of punishments.
Have other students been involved in similar incidents in the past? What were the
punishments for those students?
Questions to ask after the hearing:
Did I receive a written decision from the hearing officer?
o If not, request a copy of the decision.
Did you receive a tape recording or written transcript from the hearing?
o If not, request it.
If the hearing officer upheld the suspension, what should I do next?
o You can appeal the decision to your local school board, although there is a time
limit on how long you have to request this appeal (look at the local board polices).
o The Board appeal usually occurs before the entire Board or just a few members.
You will be given a limited amount of time to argue why the suspension should
not be upheld.
o Usually, the Board will not consider new evidence.
5
QUICK GUIDE: SCHOOL DISCIPLINE FOR SPECIAL EDUCATION STUDENTS
If a child has an Individualized Education Program (IEP) in place or has been referred for testing
to determine if the student qualifies for special education services, the student has added
protections from suspension or expulsion from school. See Section 1415(k) of the Individuals
with Disabilities Education Act. The chart below summarizes those rights.
SCHOOL IMPOSES SUSPENSION ON STUDENT
Suspension for 10 days or less Suspension for more than 10 days
Student is treated like regular education Student can be treated like regular
student; no extra protections exist. education student for first 10 days of
suspension.
Exception: When suspensions add up to
more than 10 days total and form a But, school must hold Manifestation
“pattern” (e.g., same type of conduct led Determination Review (MDR), which is a
to suspension), school must treat it like a specialized IEP team meeting, before
suspension of more than 10 days. student can be excluded for more than 10
days.
What Happens at the MDR?
IEP team, including parent, answers the following questions:
Was the conduct caused by, or directly and substantially related to, the disability?
o Example: If student gets in a fight and has only a learning disability in math, the
conduct is probably not caused by the disability. But if that student has a conduct
disorder, the conduct probably was caused by the disability.
Was the conduct a direct result of the school’s failure to implement the student’s IEP?
If the team determines that the answer to either question is “yes,” then the conduct was a
“manifestation.”
(See following page for suggestions on how to prepare for an MDR)
If conduct is not a “manifestation”: If conduct is a “manifestation”:
School can impose suspension. Suspension cannot be imposed beyond
Student can appeal finding that conduct was not a 10 days.
manifestation, but suspension stands pending IEP team can change services provided
appeal. to student.
School must still provide “a free appropriate public IEP team can change student’s
education” to student during period of suspension. placement.
School must establish “behavior intervention plan.” School must establish “behavior
School should perform “functional behavioral intervention plan.”
assessment.” School must perform “functional
behavioral assessment.”
Note: “Free appropriate public education,” “behavior intervention plan,” and “functional behavioral
assessment” are explained on the next page.
Note: Regardless of whether conduct was a “manifestation,” a student can be removed from school for 45 days if the
student brought drugs or a weapon to school or caused serious bodily injury by their conduct. The student, however,
must still be provided a “free appropriate public education” during the 45 days.
6
Key Terms in the Discipline Process for Special Education Students
Free, appropriate public education (FAPE)
Includes special education and related services, which allow the student to benefit from
instruction provided under an IEP and make reasonable academic progress. (This term is
explained in greater detail in the QuickGuide: Special Education Rights, which can be found
in Section II of this packet.)
When a special education student has been suspended, the school will usually provide a FAPE in
the form of home bound instruction, where a special education teacher provides one-on-one
services to the child, either at home or somewhere else off school grounds (often the public
library), for several hours a week.
Functional behavioral assessment (FBA)
An FBA is an evaluation tool designed to figure out the causes of behavior problems and to
identify ways to prevent problem behaviors. By studying how the student responds to situations,
what causes behavior issues, and what calms down behavioral episodes, the FBA informs
strategies to reduce behavioral problems that are associated with a disability.
A good FBA would include observations of the student in the normal educational setting over a
period of several days to two weeks by a trained professional who takes data on how the student
responds or acts in different situations and with different stimulations and then analyzes trends or
what seems to cause or reduce behavior problems in order to develop interventions to help the
child behave better. More information on FBAs can be found online at
http://cecp.air.org/fba/problembehavior/main.htm.
Behavior intervention plan (BIP)
A plan designed to reduce the likelihood of misconduct; identify supports or strategies that will
improve behavior; establish steps to be taken when misconduct occurs (examples: redirection,
changing child’s environment); and identify consequences for misconduct. The BIP seeks to
determine what legitimate goal (examples: seek attention; convey that they do not understand the
materials) the student is trying to achieve through the misbehavior and how that goal can be
achieved instead through appropriate behavior.
A BIP should be developed when an MDR has been held, regardless of whether the conduct was
found to be a manifestation or not. A parent can request that a BIP be developed if they think
their child’s disability may lead to misconduct that could result in suspension.
7
QUICK GUIDE: PREPARING FOR A
MANIFESTATION DETERMINATION REVIEW (MDR)
The IEP team must answer two key questions during the MDR:
1. Was the conduct caused by, or directly and substantially related to, the disability?
2. Was the conduct a direct result of the school’s failure to implement the student’s IEP?
The school team members may not fully understand the process or may try to rush through
discussion of these critical questions. Therefore, you should be prepared to discuss these
questions and, if possible, present evidence that the answer to either is “yes.”
Below are suggestions on how to prepare for each question. Each bullet suggests a way to
prepare or a source to go to for information, and then contains questions you can think about and
ask at the MDR meeting for other IEP team members to consider.
Was the conduct related to the disability?
Review any assessment that has been completed on the child. Look especially for the
diagnosis and any discussion of how the disability might affect conduct.
Talk to your doctor or search medical resources at a library or the internet to learn
about the disability. Does the disability sometimes have behavioral aspects? Was the
child’s conduct consistent with a behavioral aspect of the disability.
Review the IEP. Does the IEP identify behavioral issues that the child has? Is there a
section that discusses whether the disability affects behavior? Was this misconduct
similar to behavior problems identified in IEP?
Did the conduct occur because the school failed to implement the IEP?
Review the IEP. What does the IEP say the school will do for the child? Has the
school done that? Would that service have helped prevent the student’s misconduct?
Did the child get a reevaluation within the last three years?
If a Behavior Intervention Plan already exists, review it. Was the BIP followed here?
If not, would interventions contained in BIP have helped prevent the misconduct?
For more information, advice, and possible legal representation, you may contact:
Advocates for Children’s Services: 919-226-0052 (Statewide)
Disability Rights North Carolina: 877-235-4210 (Statewide)
Duke Education Law Clinic: 919-613-7169 (Alamance, Caswell, Chatham, Durham, Granville,
Franklin, Orange, Person, Vance, Wake, and Warren)
Council for Children’s Rights: 704-372-7961 (Greater Charlotte area)
8
SECTION II
Is your child struggling academically?
(State Standards, A Sound Basic Education and Special Education)
The Problem. Getting a good education as a child is becoming increasingly important so
people can support their families as adults. Yet, during the 2005-2006 academic year, over
250,000 students in North Carolina failed to perform at grade level in one or more subjects;
nearly 40 % of all 3rd through 8th graders failed to perform at grade level; and high school
students failed almost 30 % of their end-of-course exams.
Poor academic performance has long-term consequences. It is a leading factor that
causes students to drop out of high school, and few students who fail to complete high school
will be able to obtain well-paid jobs and support their families. In fact, students who earn a high
school diploma make almost 40% more than students who drop out. Poor academic performance
also prevents many students from going on to college, a vital door to opportunity. Finally,
children who don’t get a good education will not have enough knowledge, skills, and confidence
to have a voice in our political system.
What you can do. All children in North Carolina are entitled to a sound basic
education, and some children are entitled to special education services. If you learn about
these rights and how to make sure the school provides them, you can improve the quality of
instruction and the educational services your child receives.
This section of the Guidebook explains how you can get the school to give more help to a
child who is struggling academically. It contains seven Quick Guides:
Quick Guide: End-of-Year Testing and Retention explains the statewide testing program,
summarizes numerous studies that show that retention is bad for students, and provides
strategies to help advocates prevent a child from being retained.
Quick Guide: Graduation Requirements explains North Carolina’s four high school
diploma pathways.
Quick Guide: A Sound Basic Education explains how you can request extra help for your
child if he or she failed an end-of-year test this year or is struggling academically this year.
Quick Guide: The Basics of Special Education (Including Definitions of Key Terms)
outlines the rights children with disabilities have to receive specialized services to help them
learn.
Quick Guide: The Special Education Process explains the process for getting your child
special education services, how to challenge decisions by the school about the extent or
quality of these services to your child, and provides sample letters to help you obtain quality
special education services.
Quick Guide: Preparing for an IEP Meeting helps you make sure you are prepared for IEP
meetings so you can help the IEP team give your child the exact services he or she needs.
Quick Guide: 504 Plans explains how children with disabilities who do not qualify for an
IEP can still get accommodations from the school in the form of a 504 Plan to address their
needs.
9
QUICK GUIDE: END-OF-YEAR TESTING AND RETENTION
Elementary and Middle School
Students in 3rd through 8th grade are required to take standardized end-of-grade (EOG) tests to
measure how they are doing in school. How students do on these tests can affect whether they
advance to the next grade.
For all students, these tests are important in how they progress in school, but they also provide
important information on how well the school is educating the child. The North Carolina
Supreme Court has said that students who do not pass these tests are probably not receiving their
constitutional right to a sound basic education (See Quick Guide: A Sound Basic Education).
Local districts set their own requirements for students to move to the next grade, which are
usually based on grades in their classes, but sometimes consider EOG scores. In addition to the
local requirements, current state policy generally requires that students must pass (score a III or
IV) the EOG in order to proceed to the next grade. The 3rd, 5th, and 8th grades are called
“gateways,” and the State has placed special emphasis on these years.
Students who do not pass the EOG must be given a chance to retake the test. If students still do
not pass, they must be given “focused intervention,” which usually means summer school. They
can then retake the EOG. If they still do not pass, the parent can request that the student be
promoted. A special committee considers the request and makes a decision; the parent does not
vote on the promotion decision, but can participate in the meeting and speak on behalf of the
child. See 16 N.C.A.C. 6D.0504.
High School
High school students must take standardized end-of-course (EOC) tests to measure whether
they mastered certain subjects. How students do on these tests affects whether they get credit for
classes.
Students who started high school in 2006-2007 must take and pass (score a III or IV) EOCs in
English I, U.S. History, Biology, Civics and Economics, and Algebra I in order to graduate from
high school with a diploma.
Students who score a I or II on an EOC but maintained a passing grade for the class must have
the chance to retake the test. If the student still scores a I or II, the school should provide
focused intervention (usually tutoring), give a second retest opportunity, and review the student’s
record in the class to determine whether the student should get credit for the course. The
principal makes the final decision.
Retention
Students who are struggling in school and fail the EOG or EOC tests can be retained. Parents
may receive “retention letters” (letters saying that the child may be recommended for retention)
as early as April each year. The final decision to recommend a child for retention usually will
not be made until the EOG or EOC results are back. For elementary and middle school students,
most school districts have created appeal processes, often to the school board, of any final
decision.
10
Countless studies have shown that, contrary to popular belief, grade retention does not result in
future academic success. In fact, it is more likely to further stunt academic, social, and
behavioral progress for low performing students.
The next two pages of this Quick Guide containing bullet-points summarizing the research on
this issue, including citations to academic studies. The last page of this Quick Guide is a form
letter that parents or advocates can send to the school to challenge a retention recommendation.
If a child has been recommended for retention, you may contact Advocates for Children’s
Services at 919-226-0052 for an information packet that will help you advocate for that child to
be promoted, instead of retained.
11
GRADE RETENTION: PROVEN TO FAIL STUDENTS
Schools usually give two primary reasons when recommending a student for retention: low
academic achievement or poor personal or social adjustment in school.
However, considerable research has proven that retention does not improve academic
achievement in the long-term, often makes behavior problems worse, and has other negative
long-term consequences.
Educational Achievement
Retained students show slight improvement over promoted peers during the repeated
year, but all improvement disappears after the repeated year.1
Retained students consistently lag behind classmates who had performed at similarly low
levels but were not retained. Areas include: language arts, reading, mathematics, work-
study skills, social studies, and grade point average.2
Retained students have greater chance of dropping out than promoted peers. 3 In fact,
grade retention is the strongest predictor of later dropout status, and students that are held
back once show a 27 percent chance for dropout, twice shows a 57 percent chance, and a
third time shows an almost 100 percent chance for dropout. 4
Psychological Effects
After retention, retained students score lower than promoted students in areas of personal
adjustment. These areas include: social adjustment, emotional adjustment, and behavior.5
Retained students have a lower self-concept than promoted students.6
Retained students show more problem behaviors in the classroom, lowered emotional
health, lowered peer acceptance and popularity. 7
Retained students are significantly less confident, less self-assured, and less engaging
than their academically similar peers who were promoted.8
Retained students have fewer adaptive strategies for achieving success and avoiding
failure, lower perceived capacities to be smart in school and produce effort, and a more
negative view of their ability to affect circumstances around them.9
Post-Education Results
Retained students are less likely to be engaged in full-time employment, full-time
education, or a balance of the two. In contrast, low achieving, socially promoted students
more closely resemble students of regular achievement in future employment and
educational attainment.10
1
Mantzicopoulos and Morrison 190
2
Holmes and Matthews 231, McCoy and Reynolds 285
3
Jimerson 260
4
Jimerson, Anderson, and Whipple 443
5
Holmes and Matthews 231
6
Holmes and Matthews 231
7
Jimerson 256
8
Jimerson, Carlson, Rotert, Egeland, and Stroufe 20
9
Pierson and Connell 306
10
Jimerson 262
12
Retained students have a higher likelihood of substance abuse, deviant behavior, and
living on public assistance or in prison.11
Alternatives to Retention
Social promotion with concentrated educational achievement sessions (tutoring, summer
school/after school, individualized instruction, etc.) will lead to better long-term
outcomes for students struggling academically, behaviorally, or socially.
State law already requires students who are at risk of academic failure to be provided
with a Personalized Education Plan,12 which can provide focused remediation where a
child is struggling without forcing the student to repeat the entire year.
11
Jimerson 263
12
N.C. Gen. Stat. § 115C-105.41.
13
Request to Reconsider Retention Recommendation
Date: ____/____/____
Your name: _______________________
Your full mailing address: _______________________
_______________________
Your phone number: _______________________
Name of the Principal: _______________________
School’s mailing address: _______________________
_______________________
_______________________
Dear Principal _______________:
I request that my child, ________________________, not be retained and, instead, be allowed to
continue to the next grade level with focused education interventions in the form of a Personalized
Education Plan (PEP) put into place.
I have concerns about the effect that retention has on students. Retention has been shown to negatively
impact children’s academic performance. Although I understand the consequences that social promotion
may bring, retention would produce much more detrimental effects.
There are many factors that lead me to believe that my child will not benefit from retention. First,
although retention has been proven to increase performance in the repeated grade, it has not been proven
to show improvement in later grades. In fact, compared to students with similar academic backgrounds
who have been socially promoted, retained students do worse academically. Over the long term, retention
increases the likelihood a child will be retained again based on stunted performance.
This leads to my second concern. Retention has also been shown to be a significant predictor of high
school dropout. The probability for dropout increases each time a child is retained.
My last concern regards the psychological effects that being retained will have on my child. Due to the
impact of peer separation and social stigma, retention has been shown to cause an increase in negative
behaviors and a decrease in confidence. As a result, retained students generally develop a negative self-
image. Retention also generally results in a cynical view of the school and teachers.
As a result of Leandro v. State of North Carolina, my child has a right to a “sound, basic education.”
Instead of helping my child to succeed in school, retention only serves to worsen academic and social
skills. For these reasons, I request that my child be promoted to the next grade and provided with a
Personal Education Plan. This education plan would consist of a diagnostic evaluation, focused individual
intervention, and monitoring to ensure the interventions are working.
Thank you for your attention to this matter.
Sincerely,
_____________________
14
QUICK GUIDE: GRADUATION REQUIREMENTS
North Carolina has four different “pathways” for students to graduate from high school.
Students must pick a pathway at the end of their 8th grade year in a meeting with a guidance
counselor. Although students can change pathways once they begin high school, if they switch
to a more challenging pathway, they may be behind on credits. Because this decision has such
an impact on the student’s future, it is very important to understand the choices.
The four pathways are:
Career Prep: intended for students who plan to begin working immediately after
graduating from high school.
College Tech Prep: intended for students who plan to attend a two-year college or
technical school after graduating from high school.
College/University Prep: intended for students who plan to enroll in a four-year college
after graduating from high school.
Occupational: intended for students with disabilities who cannot complete one of the
other pathways.
A chart summarizing the requirements for each pathway is attached.
Only one of these pathways, the College/University Prep, requires students to take courses that
are required for a student to enroll in North Carolina’s UNC 4-year college system. If a student
does not complete the College/University Prep pathway, it is likely he or she will not be able
to gain admission to a four-year college after graduating.
In order to graduate in the Career Prep, College Tech Prep, or College/University Prep pathway,
students who began high school in the 2006-2007 school year must meet the following
requirements:
Complete a Senior Project.
Score at Level III or Level IV on the end-of-course (EOC) exam in:
o English I
o Algebra I
o U.S. History
o Biology
o Civics and Economics
These pathways will only apply to students who began high school in the 2007-2008 school year
or earlier. After that point, North Carolina will adopt a single graduation requirement for all high
school students, what is currently the College/University Prep pathway.
A chart, adapted from the State Department of Public Instruction’s website,
www.ncpublicschools.org/curriculum/graduation, is on the following page. Certain information
has been excluded to allow the chart to fit on one page.
15
Content Area CAREER PREP COLLEGE COLLEGE/ OCCUPATIONAL Course of
Course of Study TECH PREP UNIVERSITY PREP Study Requirements(Selected IEP
Requirements Course of Study Course of Study (UNC students/ excluded from EOC
Requirements 4-yr college) Proficiency level requirements)
Requirements
English 4 Credits 4 Credits 4 Credits 4 Credits
Proficiency I, II, III, IV I, II, III, IV I, II, III, IV Occupational English
Level III or IV I, II, III, IV
required on
Eng. I EOC
Mathematics 3 Credits 3 Credits 4 Credits 3 Credits
Proficiency Including Algebra I Algebra I, Algebra I, Algebra II, Occupational Mathematics
Level III or IV (This requirement Geometry, Algebra Geometry, and higher I, II, III
required on can be met with II, OR level math course with
Algebra I EOC Integrated Math I & Algebra I, Algebra II as prerequisite
II when accompanied Technical Math OR Integrated Math I, II,
with the Algebra I I&II, OR III, and a credit beyond
EOC) Integrated Math I, Integrated Math III
II, & III
Science 3 Credits 3 Credits 3 Credits 2 Credits
Proficiency A Physical Science A Physical Science A Physical Science Life Skills Science I, II
Level III or IV course, Biology, course, Biology, course, Biology, Earth/
required on Earth/ Environmental Earth/ Environmental Science
Biology EOC Science Environmental
Science
Social Studies 3 Credits 3 Credits 3 Credits 2 Credits
Proficiency Civics and Civics and Civics and Economics, Social Studies I
Level III or IV Economics, US Economics, US US History, World (Government/ US History)
required on US History, World History, World History (2 courses to meet Social Studies II
History, Civics History History UNC minimum admission (Self-Advocacy/ Problem Solving)
& Economics requirements- US History
EOC & 1 elective)
Second Not required Not required 2 Credits in the same Not required
Language language
Computer Students must Students must Students must Computer proficiency as specified in
Skills demonstrate demonstrate demonstrate proficiency IEP
proficiency through proficiency through through state testing
state testing state testing
Health and 1 Credit 1 Credit 1 Credit 1 Credit
Physical Health/ Physical Health/ Physical Health/ Physical Health/ Physical Education
Education Education Education Education
Career 4 Credits in Career/ 4 Credits Not required 4 Credits
Technical Technical or Select courses Career/Technical Education electives
JROTC or Arts appropriate for
Education career pathway to
Select courses include a second
appropriate for career level (advanced)
pathway to include a course
second level
(advanced) course
Electives 2 Elective Credits 2 Elective Credits 3 Elective Credits and Occupational Preparation: 6
and other credits and other credits other credits designated Credits: Occupational Preparation I,
designated by LEA designated by LEA by LEA II, III, IV
Total 20 Credits plus any 20 Credits plus any 20 Credits plus any local 22 Credits plus any local
local requirements local requirements requirements requirements
16
QUICK GUIDE: A SOUND BASIC EDUCATION
The North Carolina Constitution requires schools to provide each child with a sound basic
education. See Leandro v. State, 346 N.C. 336 (1997). This requirement means that schools
should, at a minimum, ensure that students are performing at grade level and will be able to get a
good job or go to college when they graduate from high school. If a child is failing in school and
needs extra help to succeed, he or she has a right to get it.
In addition to this constitutional requirement, the state legislature passed a law in 2001 requiring
schools to establish Personal Education Plans (PEP) for any child who is at risk of academic
failure or failed (got a I or II) the end-of-year exam the year before. The PEP requires the school
to test to see what difficulties the child is having and determine what types of services will help.
The school, with parental input, then sets up a plan to help the child in the problem areas; the
plan can include services like tutoring, smaller classes, or specialized instruction. The school
must then monitor the services to see if they are working. (The text of the statute and regulations
requiring PEPs is attached to this Quick Guide).
Every child has a right to receive focused educational services if he or she is struggling in
school. The chart below explains the process and timeline that schools should be following.
PEP Process
Child scores I or II on end-of-year test Child has poor grades/is struggling in classes
At beginning of next school year, school must As early as possible, school must identify child as at
identify child as at risk of academic failure risk of academic failure
School must evaluate child
School must prepare PEP, with parent involvement
School must monitor progress and adjust services as necessary
If parents don’t know whether a child has a PEP, the school has not followed the law: parents
must be included in the creation and monitoring of the PEP. If a child is at risk of failure or got a
I or II on the end-of-year test last year, the parents can request a PEP. (A sample letter
requesting these services is attached to this Quick Guide – when you send this letter to the
school, keep a copy to prove you requested the PEP).
If:
you request a PEP but the school does not provide it;
you have been notified of a meeting to create a PEP and want help preparing for the
meeting; or
your child got a I or II on an end-of-year test last year and does not have a PEP in place;
please call Advocates for Children’s Services (919-226-0052) or the North Carolina Justice
Center (919-856-2570). We may be able to help your child get what they need to succeed.
17
Request for Personalized Education Plan
Date: ____/____/____
Your name: _______________________
Your full mailing address: _______________________
_______________________
_______________________
Name of the Principal: _______________________
School’s mailing address: _______________________
_______________________
_______________________
Dear Principal _______________:
I am writing to request that the school develop a Personalized Education Plan for my child,
______________________. His/her date of birth is ______________________.
I am concerned about [his/her] educational progress because [he/she]
____ failed end-of-year test last year
or
____ is struggling in classes this year
Because I believe my child is at risk of academic failure, I am requesting that the school conduct
a diagnostic evaluation and develop focused educational interventions, as required by N.C.
General Statute § 115C-105.41.
Please contact me within ten business days to schedule a time to meet with the team that will be
conducting the diagnostic evaluation and for me to sign any necessary paperwork so that my
child’s needs can be addressed as soon as possible.
I look forward to hearing from you soon. My daytime telephone number is ________________.
Thank you for your time.
Sincerely,
_______________________
18
Personal Education Plans
Statute and Regulation
N.C. Gen. Stat. § 115C-105.41
§ 115C-105.41. Students who have been placed at risk of academic failure; personal education
plans
Local school administrative units shall identify students who have been placed at risk for
academic failure. Identification shall occur as early as can reasonably be done and can be based
on grades, observations, State assessments, and other factors that impact student performance
that teachers and administrators consider appropriate, without having to await the results of end-
of-grade or end-of-course tests. At the beginning of the school year, a personal education plan
for academic improvement with focused intervention and performance benchmarks shall be
developed for any student not performing at least at grade level, as identified by the State end-of-
grade test. Focused intervention and accelerated activities should include research-based best
practices that meet the needs of students and may include coaching, mentoring, tutoring, summer
school, Saturday school, and extended days. Local school administrative units shall provide these
activities free of charge to students. Local school administrative units shall also provide
transportation free of charge to all students for whom transportation is necessary for participation
in these activities.
Parents should be included in the implementation and ongoing review of personal education
plans.
16 N.C.A.C. 6D.0505 (2005)
.0505 LOCAL ACCOUNTABILITY PROCEDURES
(c) School districts shall provide focused intervention to all students who do not meet statewide
student accountability standards. This intervention shall involve extended instructional
opportunities that are different and supplemental and that are specifically designed to improve
these students' performance to grade level proficiency. Students who do not meet promotion
standards shall have personalized education plans with the following components: diagnostic
evaluation, intervention strategies, and monitoring strategies. Strategies may include, but are not
limited to, alternative learning models, special homework, smaller classes, tutorial sessions,
extended school day, Saturday school, modified instructional programs, parental involvement,
summer school instruction, or retention.
19
QUICK GUIDE: THE BASICS OF SPECIAL EDUCATION
(INCLUDING DEFINITIONS OF KEY TERMS)
The basic promise of federal and state special education laws is:
Every “child with a disability” is entitled to a “free, appropriate public
education” in the “least restrictive environment.”
The terms in quotes have very specific definitions in special education law, and a real challenge
in getting good services is understanding the technical terms used in special education law. This
section explains some of those terms.
Key Terms in Special Education
A “child with a disability” is a child between the ages of 3 and 21 who has a physical or mental
disability that interferes with learning so that he or she needs specially designed instruction to make
educational progress.
“Free, appropriate public education (FAPE)” is “special education” and “related services” that
allow the child to benefit from instruction provided under an “individualized education program
(IEP)” and make “reasonable progress.”
“Special education” is specially designed instruction, which is adapted in content, method of
instruction, or delivery of instruction, as needed based on the child’s disability.
“Related services” are transportation or supportive services as needed to assist the child in benefiting
from the instruction (examples: speech therapy, physical and occupational therapy).
“Reasonable progress” is not strictly defined and depends on the disability and strengths of the child.
It can be measured by grades, achievement on standardized measures, achievement of annual goals, or
other factors.
“Least restrictive environment (LRE)” is the setting in which children with disabilities can be
educated with typical children to the maximum extent possible.
“Individualized education program (IEP)” is the outline of what services and accommodations the
child will receive as part of their FAPE, and is devised by the child’s “IEP team.”
The “IEP team” is the group of people who develops the child’s IEP. It must include the parent, a
regular education teacher, a special education teacher, a representative from the school district, and
someone who can interpret the assessment results.
Even after defining these terms, some key questions are still not answered:
What types of disabilities will allow a student to receive special education services?
The law defines specific categories of disabilities that qualify students for special
education services: Autistic; Behaviorally-Emotionally Disturbed; Deaf-Blind; Hearing
impaired; Multi-handicapped; Mentally Disabled; Orthopedically Impaired; Other Health
20
Impaired (this includes children who have Attention Deficit Hyperactivity Disorder);
Specific Learning Disabled; Speech/language disabled; Traumatic brain injured; and
Visually impaired.
Note: No child can receive special education services unless the parent or guardian agrees
to have the child identified as needing special services.
What is an IEP?
IEPs generally must cover these areas.
o The child’s current performance. This should include how child is doing on tests
and assignments in class; observations of child’s performance by teachers,
parents, and others; results from the assessment to determine the child’s eligibility
for special education services; and information on how the child’s disability
affects their performance.
o Annual goals that the child can reasonably accomplish in a year. The whole
process is centered on giving services that will achieve these goals, so parents
need to be sure they are satisfied with goals and that the goals are meaningful and
measurable.
o Measuring progress. This includes information on how progress toward the goals
will be measured and reported to parents.
o Special education services. This must specifically identify the special education
(see the definition on previous page), related services, and accommodations and
supports the child will receive.
o Placement/participation with nondisabled children. This is about how much of
the day the child will be in classes with typical students or in separate classes for
disabled students.
o Transition services. If the child is 14 or older, the IEP must address what classes
are needed to help child reach post-graduation goals. If the child is 16 or older,
the IEP must address how the child will transition to college or to a job and/or
what services will be in place when the child leaves high school.
o Dates and places. When will the services start, how long will they last, and where
will they be provided.
The IEP team also must consider the child’s strengths and weaknesses, the parents’ ideas
for improving the child’s education, recent evaluations, and how the child has done on
end-of-year testing.
What services are provided?
The child will only receive what the IEP says the child should receive. So if the IEP does
not include any specifics about the types of services, the school cannot be blamed for
failing to provide a specific service.
Services are determined on a case-by-case basis by the IEP team.
How good the services are depends on how creative and committed the IEP team is and
how the school staff implements the IEP.
Schools must provide “special education,” which is the specialized instruction (see
definition above).
Schools may also provide “related services” (see definition above) and accommodations,
which are changes to school conditions and expectations or type of school work that are
21
needed to allow a student with a disability to participate in classes, assignments and
activities that typical students do
See Quick Guide: Preparing for an IEP Meeting for tips on how to get the most from
IEP meetings and ensure your child gets appropriate services.
How is the least restrictive environment determined?
The idea is to have the child with typical children (or “mainstreamed”) for as much of the
day as possible.
Some students can spend the entire day in regular classroom with specialized instruction
by regular education teacher; others need part of the day in a special education classroom;
others need to be in a special education classroom all day; some need to be in a
completely separate school; and finally some need to have educational services at home
or hospital (“homebound”).
A child can be kept out of regular classroom if the child receives no educational benefit
from being there; if benefits of being in regular classroom are outweighed by benefits of
separate setting; or if the child’s presence in regular classroom is disruptive.
The IEP team makes all of these decisions.
For more information, advice, and possible legal representation, you may contact:
Advocates for Children’s Services: 919-226-0052 (Statewide)
Disability Rights North Carolina: 877-235-4210 (Statewide)
UNC Center for Civil Rights: 919-832-9807 (Statewide)
Duke Education Law Clinic: 919-613-7169 (Alamance, Caswell, Chatham, Durham, Granville,
Franklin, Orange, Person, Vance, Wake, and Warren)
For more information, advice, and possible lay assistance, you may contact:
Exceptional Children’s Assistance Center: 800-962-6817
22
QUICK GUIDE: THE SPECIAL EDUCATION PROCESS
Procedures exist to help identify children needing special education services, to determine
whether children are in fact eligible for special education services, to develop services specific to
their needs, to ensure that those services are delivered effectively, and to allow parents to
challenge decisions they disagree with. The chart below summarizes these procedures.
Identification and IEP Development Procedures
School identifies student as needing special education services.
or
Parent requests special education services (“referral”):
Written, dated request for services sent to principal
States reason for referral (what are the problems and what are the child’s strengths and weaknesses)
Parent should keep copy to prove that it was sent to school
Parent authorizes school to conduct assessment.
Student evaluated by school psychologist.
Assessment usually includes:
If parent disagrees with school
Vision and hearing test
evaluation, can request
IQ test
“independent evaluation” at
Achievement test school’s expense
Specialized tests based on suspected disability
IEP team meets to determine eligibility of child for services; considers assessment results and typically
looks at:
Does child have disability that interferes with learning
Is specially designed instruction needed for child to make educational progress
Team determines child is not eligible for IEP.
Process ends, but can ask for 504 Plan (see
Team determines child is eligible. Quick Guide: 504 Plans) or PEP (see Quick
Guide: A Sound Basic Education).
IEP team meets to develop IEP for child Parent and teachers monitor
Consider what specialized instruction is needed progress of student; get regular
Consider what related services are needed progress reports specific to IEP
Consider appropriate placement goals.
Set goals for child to meet
See Quick Guide: Preparing for an IEP Meeting for
tips on how to get a good IEP for your child IEP team meets at least once a
year to determine if IEP is still
appropriate.
23
Dispute Resolution Procedures
Sometimes disagreements may arise between the parent and other members of the IEP team.
The disagreement can be anything from a refusal to test a student, to disagreement over
eligibility, to inability to agree on what services or goals are appropriate in the IEP, to whether
the school is providing the services effectively. There are established procedures to resolve these
disagreements.
Informal Resolution:
Conferences with teachers, principal, special education program administrators
IEP meetings (parents can request IEP meeting at any time to address concerns or adjust IEP)
Facilitated IEP meetings – the State provides facilitators who can attend IEP meetings to help
resolve problems or concerns the school or parent may have; this is helpful if the relationship
between the parent and school officials or teachers has gotten strained
Contact consultants at the State Department of Public Instruction (DPI). They are impartial
and provide advice and guidance on options parents have in disputes. They are Lynn Smith
(919-807-3978) and Kate Neale (919-807-3979).
Mediation:
If both the parent and school agree, the State provides a mediator who can help the sides
resolve disputes.
Requesting mediation cannot delay a parent’s rights to a due process appeal
Due Process Appeal:
This is an administrative hearing conducted by state administrative court
It is a formal process, similar to a trial. Each side can call witnesses and present
documentary exhibits.
State Complaint:
File a formal, written complaint with DPI
Triggers official investigation by Exceptional Children’s Division of DPI
Investigation completed within 60 days
Sample Letters and Documents
Attached to this Quick Guide are two sample letters.
The first is a request for evaluation. In this letter, parents should explain why they think the
child may have a disability that is affecting his or her ability to learn, what the specific
shortcomings or challenges the child has with school, and what the child’s strengths and
weaknesses are academically and socially. You should provide specific details in this letter.
The second is a request for an IEP team meeting. Parents might want to alter their child’s IEP if
current services do not seem to be working. If progress reports do not show improvement or
child is struggling with work or behavior, you can request a new meeting so the team can
consider those developments. Again, parents should provide specific information about why
they think the IEP is not working.
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Request for Special Education Evaluation
Date: ____/____/____
Your name: _______________________
Your full mailing address: _______________________
_______________________
_______________________
Name of the Principal: _______________________
School’s mailing address: _______________________
_______________________
_______________________
Dear _______________:
I am writing to request that my child, ______________________, be evaluated for exceptional
children’s services. His/her date of birth is ______________________. I am concerned about
his/her educational progress because_______________________________________________
______________________________________________________________________________
_____________________________________________________.
Please contact me within ten business days to schedule a time to meet with you to discuss the
process and for me to sign any necessary paperwork so that my child’s needs can be addressed as
soon as possible. Also, please accept this request as written consent to evaluate my child to
determine eligibility for special education services.
I look forward to hearing from you soon. My daytime telephone number is ________________.
Thank you for your time.
Sincerely,
_______________________
25
Request for IEP Team Meeting
Date: ____/____/____
Your name: _______________________
Your full mailing address: _______________________
_______________________
_______________________
Name of the Principal: _______________________
School’s mailing address: _______________________
_______________________
_______________________
Dear _______________:
I am writing to request an IEP review meeting for my child, ______________________, to
discuss_______________________________________________________________.
His/her date of birth is ______________________. Please contact me within ten business days
to arrange an IEP meeting.
I look forward to hearing from you soon. My daytime telephone number is ________________.
Thank you for your time.
Sincerely,
_______________________
26
QUICK GUIDE: PREPARING FOR AN IEP MEETING
Questions to ask before the IEP meeting:
What is the child’s diagnosis?
o Talk to your doctor or search medical resources at a library or the internet to learn
about the disability. If you do not understand the disability, you will not know if
the goals of the IEP are reasonable, if the services and accommodations in the IEP
are appropriate, or if behavioral interventions are needed.
o If you have not seen the assessment, ask the school for a copy and review it before
the meeting.
Who will attend the meeting?
o If you do not understand the assessment, make sure that a school psychologist will
be present to explain the information provided in the evaluation report.
o There will be several representatives from the school. There should be a regular
education teacher (if your child is in any regular education classes), a special
education teacher, a representative from the district, and someone who can interpret
testing results (often a school psychologist).
o Bring allies, people who can support and help you at the meeting or who know the
child and what he or she needs. You can bring a friend, a social worker, a
counselor, or a lawyer. If they attend, be sure to let the school know in advance. If
they cannot attend, ask them to write a statement about what they think the child
needs or will respond to.
What will the IEP meeting look like?
o Ask for a copy of the school’s IEP form in advance of the meeting so you can see
exactly what the team will be deciding on and filling in.
o The meeting will be driven by the need to fill in the blanks on the form – if there is
not a blank for something you want to discuss, you will have to raise the issue.
What do you want for your child?
o Be prepared to tell the team what you think your child can do and what help the
child needs to be able to do it. Write out in advance what your realistic goals are
for your child for the year. Write out in advance what services you think your child
needs. If you have a copy of the form, you can even write out your dream IEP
before the meeting.
o The IEP team must consider the parents’ ideas for improving the child’s education.
You are an expert on your child; help the team by being prepared to share your
expertise.
Do you know how your child is doing at school?
o Request a copy of your child’s cumulative file, including academic and disciplinary
records and testing results, and review it before the meeting. In particular, teacher
comments in report cards or in disciplinary referrals may help explain what is
working at school and what isn’t. This will help you know what to ask for in the
IEP.
Are you a foster parent?
o If so, you must have written authorization from DSS to make educational decisions
for the child to represent the child’s interest at the IEP meeting.
27
Questions to ask during the IEP meeting:
Did you understand the assessment results?
o Ask the school psychologist to explain what the testing revealed and how the
disability will affect your child’s academic progress and in-school behavior.
Will the IEP actually help my child where he or she is struggling?
o Listen carefully during the meeting. Will the goals, services, and accommodations
proposed by the IEP team actually help your child and address the academic or
behavioral weaknesses the team has identified?
Do the goals make sense?
o The IEP goals should match up to the long-term goals you have for your child.
o Example: If you want your child to perform at grade level, an IEP goal of
improving organization does not fully address your long-term goals for your child.
o The IEP goals should also be measurable in a way that you can understand.
o The IEP should include how the child’s progress on the goals will be measured and
reported to you.
o If you won’t be able to tell if your child is making academic progress based on what
the school will be sending you, ask the team to explain how progress is being
measured and if it can be reported in a more meaningful way.
Are the goals and services different from previous years’ IEPs?
o Good special education services should help a child improve from year to year.
o If the goals and benchmarks have not changed over time, it is likely that the
services and accommodations are not working.
Does the IEP include services?
o The IEP must specifically identify the “special education” that will be provided.
“Special education” is specially designed instruction, which is adapted in content,
method of instruction, or delivery of instruction, as needed based on the child’s
disability. Insist the IEP explain how the special education is specially designed.
o Services cost schools money. Sometimes, the IEP team may be under pressure to
minimize the cost of special education. They may therefore try to include lots of
accommodations (which usually don’t cost much) and fewer services.
o If you think your child needs services, like one-on-one instruction to reinforce what
is covered in class, ask for it.
What is the child’s setting?
o The IEP must state whether the child will be separated from regular students,
included with regular students, or have a mixture of both.
o Ask the team to explain the reasoning for the placement decision and how the
setting will benefit the child and how it might delay the child’s academic progress.
o If the child is in a completely separate setting, ask the team members to explain
why the child could not be in a regular education setting.
If your child is in high school, what is the diploma pathway?
o If your child is on the Occupational Course of Study, ask the team to explain why.
o See Quick Guide: Graduation Requirements for more information.
What does the final IEP actually say?
o Before signing the IEP at the end of the meeting, review it carefully. The IEP does
not always match up to what was discussed at the meeting. In particular, if you
wanted specific and measurable goals, the IEP may be more general than what the
team verbally decided on.
o If the final IEP does not contain certain services or accommodations that you think
are necessary, do not sign the IEP.
on
If child is high school and on they place her28 the Occupation Course of Study, ask why
he is on that pathway?
If she is eligible, will she be in a regular classroom or separate setting?
Questions to ask after the IEP meeting:
Did you get a copy of the IEP and any meeting notes?
o If not, request copies and keep them for your records.
Does the IEP require the school to do anything for the child?
o Bad IEPs put the burden of improvement mostly on the child and the parent. If the
school is not required to help your child, request another IEP meeting to revise the
IEP.
o If the IEP does not specifically explain the “special education” to be provided,
request another IEP meeting.
In the weeks and months after the IEP is put in place:
o Is your child doing better with the IEP services and accommodations in place?
If you don’t know, request an IEP meeting to revise the IEP to include better
ways to report the child’s progress.
If no, you can request an IEP meeting to revise the IEP to figure out better
ways to help your child (more or different services, behavioral interventions,
or accommodations).
If yes, check with your child’s teachers to see if they agree your child is
doing well. Ask them what they think is working and why.
o Is the school doing what the IEP says it will?
If you can’t tell, request a new IEP meeting to set up better ways to monitor
the IEP’s implementation.
If no, write a letter requesting an IEP meeting to discuss why the IEP is not
being implemented.
If yes, thank the teachers and other school employees for their help.
What can I do at home to help my child be successful in school?
o The school must provide services to your child, but that does not guarantee your
child’s future success. Your involvement is key.
o You can monitor the child’s progress and pay attention to the IEP progress reports
that are sent home. If the child is not improving, talk to the teachers to see why.
o Pay attention to the child’s grades and talk to teachers to see if your child is
completing assignments.
o The more you know about your child’s progress and weaknesses, the better the next
IEP will be.
Additional Resources
If you have access to the internet, the following websites contain additional information on
special education law, disabilities, and ways parents can advocate for their children:
Exceptional Children’s Assistance Center (ECAC) http://ecac-parentcenter.org
ECAC also provides information over the phone at 800-962-6817
Wrightslaw, Special Education Law and Advocacy http://www.wrightslaw.com/
The U.S. Department of Education’s IDEA website http://idea.ed.gov/explore/home
For more information, advice, and possible legal representation, you may contact:
Advocates for Children’s Services: 919-226-0052 (Statewide)
Disability Rights North Carolina: 877-235-4210 (Statewide)
Duke Education Law Clinic: 919-613-7169 (Alamance, Caswell, Chatham, Durham, Granville,
Franklin, Orange, Person, Vance, Wake, and Warren)
29
QUICK GUIDE: 504 PLANS
Even if a child does not qualify to receive special education services under an IEP, the child may
still qualify to receive accommodations and modifications during the school day through a “504
Plan,” which is based on a federal civil rights law that prohibits discrimination against
individuals with disabilities and ensures that children with disabilities have equal access to
education services. The protections and services available under a 504 Plan are considerably less
than those available under an IEP.
To ensure equal access for disabled students, schools develop “504 Plans” that generally include
a list of accommodations and modifications. If the school refuses to develop a plan or is not
following the plan and is therefore discriminating against the child because of a disability,
parents or advocates have two options.
First, most school districts have an internal complaint procedure, which can be obtained by
contacting the central administrative office. The process usually consists of filing a written letter
of complaint with the school principal or a central office administrator.
Second, parents and advocates can also file a complaint with the Office of Civil Rights (OCR) of
the U.S. Department of Education. The complaint must be filed within 180 days of the alleged
discrimination. It must contain the contact information of the person complaining, the name and
location of the school accused of discrimination, information about who was the victim of
discrimination, and a detailed description of the alleged discrimination. OCR then investigates
the complaint and can order remedial action if they find that the school discriminated against the
student. Those complaints can be mailed to:
Office for Civil Rights, DC Office
U.S. Department of Education
P.O. Box 14620
Washington, D.C. 20044-4620
Note: If a parent or advocate uses the internal complaint procedure and is unsatisfied with the
result, a complaint with OCR must be filed within 60 days of the conclusion of the internal
complaint procedure.
Additional Resources
If you have access to the internet, the following websites contain additional information on 504
Plans and the complaint procedure:
Wrights Law, Section 504 http://www.wrightslaw.com/info/sec504.index.htm
Office of Civil Rights, Complaint
Procedure http://www.ed.gov/about/offices/list/ocr/docs/howto.html
30
SECTION III:
Are you having problems enrolling a child in school?
The Problem. Just because a child is living in a particular school district, it does not
mean that the school district must allow the child to enroll. For example, children trying to
enroll in a school district other than where the child’s parent or guardian lives are not
automatically allowed to enroll in the public school. This is true even if the child is living with
relatives who do not have legal custody.
In North Carolina, a public school is required to accept any child who is:
Between the ages of 5 and 21 years.
Presented for enrollment during the first 120 days of a school year.
Domiciled in that school’s administrative unit.
Is not under suspension or expulsion from school in NC or elsewhere, and has not
been convicted of a felony in NC or elsewhere.
What you can do. Even though children living in a school district different from where
their parents live cannot automatically enroll, there are several laws that will allow children to
enroll in certain circumstances.
Although these steps can generally be completed without the assistance of an attorney,
you may wish to contact your local Legal Aid office if are having problems enrolling a child in
the public schools. Your local Legal Aid office will be able to help you determine if the child
would be eligible to enroll and may be able to assist you in filling out the forms necessary to get
the child enrolled.
This section of the Guidebook explains when a child can enroll in a school other than
where a parent or guardian reside. It contains only one Quick Guide:
Quick Guide: School Enrollment Problems explains the three avenues for enrolling a
child in a school district where the child’s parent or guardian do not reside and provides
two form affidavits that can be used to help the child enroll.
31
QUICK GUIDE: SCHOOL ENROLLMENT PROBLEMS
Especially for children who are not living with their parents, schools often will use the domicile
requirement to keep children from enrolling in their school. In general, children are considered
to have a domicile wherever their parents or legal guardians live. For children who are living
with relatives or friends who do not have legal guardianship, this can pose problems.
If the school is trying to prevent a child from enrolling because the parents do not live in the
school district, there are three questions you can ask that may help get that child enrolled in
school where he or she is living.
Is the child living with an adult other than the parent or legal guardian?
If so, the child can attend school where the non-guardian adult lives if he or she meets certain
conditions:
The student is not under suspension or expulsion from another school district.
The student has not been convicted of a felony.
The student is living with an adult who is domiciled in the school district for the
following reasons:
o The death, serious illness, or incarceration of a parent or legal guardian;
o The abandonment by a parent or legal guardian of the complete control of the
student as evidenced by the failure to provide substantial financial support and
parental guidance;
o Abuse or neglect by the parent or legal guardian;
o The physical or mental condition of the parent or legal guardian is such that he or
she cannot provide adequate care and supervision of the student; or
o The loss or uninhabitability of the student’s home as the result of a natural
disaster.
If the child meets these requirements, the school must allow the child to attend if the child’s
parent or the adult taking care of the child fills out a special form (called an “affidavit”) about the
circumstances. Two affidavits, one that can be filled out by the parent and another that can be
filled out by the adult taking care of the child, are attached.
Warning: Schools may be reluctant to accept these affidavits; some have said they will not
accept the child unless the adult is pursuing legal guardianship. This is illegal – they must accept
these affidavits if the student fits the criteria. If they do not, call your local legal aid office.
Is the child living in a group home or foster home?
A specific statute (General Statute §115C-366(a1)) requires schools to allow children living in a
group home or foster home to enroll in the district where the group home or foster home is
located. If the child is living in such a home, the child must be allowed to attend.
32
Is the child living in a very unstable situation?
A federal law, the McKinney-Vento Homeless Assistance Act, 42 U.S.C. 11431 et seq., requires
schools to provide free public education to “homeless children and youths.” See also N.C. Gen.
Stat.§115C-366 (a2). That term has a very broad definition.
Children who are sharing housing with others because of loss of their primary home or other
economic difficulties and children living in spaces that are not designed to be regular sleeping
space (example: cars, abandoned houses, substandard housing) generally will be able to take
advantage of this law and enroll in the district where the child resides.
Each school district has a coordinator to ensure the schools are complying with the federal law.
If you think a child meets the definition of “homeless children and youths,” that person may be
able to help you enroll the child.
33
Residency Affidavit for a Custodial Adult
STATE OF NORTH CAROLINA
_______________________________ COUNTY
IN THE MATTER OF:
Name(s) of Child(ren):
EDUCATIONAL RESIDENCY
Name of Custodian: AFFIDAVIT
Street Address: (CUSTODIAL ADULT)
(N.C.G.S. Sec. 115C-366)
The undersigned being first duly sworn says:
1. I am the custodial adult with whom the following child(ren) reside(s) at the above
address:
Full Name of Child(ren) Age
2. I am domiciled in _____________________ County, North Carolina.
3. The above child(ren) reside(s) with the above custodian for the following reason(s):
___ a. The death of a parent or legal guardian.
___ b. The serious illness of a parent or legal guardian.
___ c. The incarceration of a parent or legal guardian.
___ d. The abandonment by a parent or legal guardian of the complete control of
the child(ren) as evidenced by the failure to provide substantial financial support
and parental guidance.
___ e. Abuse or neglect by a parent or legal guardian.
___ f. The physical or mental condition of a parent or legal guardian is such that
he or she cannot provide adequate care and supervision of the child(ren).
___ g. The loss or uninhabitability of the students home as the result of a
natural disaster.
___ h. The child(ren) is(are) otherwise entitled to enrollment (i.e., special needs,
homelessness).
34
4. The child(ren) is (are) not currently under a term of suspension or expulsion from a
school for conduct that could have led to a suspension or an expulsion from the local
school administrative unit.
5. The child(ren)’s claim of residency in the unit is not primarily related to attendance at a
school within the unit.
6. I have been given and accept responsibility for educational decisions for the child(ren),
including receiving notices of discipline under G.S. 115C-391, attending conferences
with school personnel, granting permission for school-related activities, and taking
appropriate action in connection with student records.
7. Check if applicable:
____ The parent or legal guardian is unable or unavailable to sign an affidavit regarding
these facts.
____ The parent or legal guardian refuses to sign an affidavit regarding these facts.
WARNING OF PENALTY
THIS AFFIDAVIT IS MADE PURSUANT TO N.C.G.S. SECTION 115C-366 WHICH PROVIDES IN
PART AS FOLLOWS: IF IT IS FOUND THAT THE INFORMATION CONTAINED IN EITHER OR
BOTH AFFIDAVITS IS FALSE, THEN THE LOCAL BOARD MAY, UNLESS THE STUDENT IS
OTHERWISE ELIGIBLE FOR SCHOOL ATTENDANCE UNDER OTHER LAWS OR LOCAL
BOARD POLICY, REMOVE THE STUDENT FROM SCHOOL. IF A STUDENT IS REMOVED
FROM SCHOOL, THE BOARD SHALL PROVIDE AN OPPORTUNITY TO APPEAL THE
REMOVAL UNDER THE APPROPRIATE POLICY OF THE LOCAL BOARD AND SHALL NOTIFY
ANY PERSON WHO SIGNED THE AFFIDAVIT OF THIS OPPORTUNITY. IF IT IS FOUND THAT
A PERSON WILLFULLY AND KNOWINGLY PROVIDED FALSE INFORMATION IN THE
AFFIDAVIT, THE MAKER OF THE AFFIDAVIT SHALL BE GUILTY OF A CLASS 1
MISDEMEANOR AND SHALL PAY TO THE LOCAL BOARD AN AMOUNT EQUAL TO THE
COST OF EDUCATING THE STUDENT DURING THE PERIOD OF ENROLLMENT.
REPAYMENTS SHALL NOT INCLUDE STATE FUNDS.
This the __________day of ______________________, 20________.
__________________________________________
AFFIANT
Subscribed and sworn to before me, this the _____ day of ___________________, 20________.
__________________________________
Notary Public
__________________________________
My Commission Expires
35
Residency Affidavit for a Parent
STATE OF NORTH CAROLINA
___________________________ COUNTY
IN THE MATTER OF:
Name(s) of Child(ren):
EDUCATIONAL RESIDENCY
Name of Parent/Legal Guardian: AFFIDAVIT
Street Address: (PARENT OR GUARDIAN)
(N.C.G.S. Sec. 115C-366)
The undersigned being first duly sworn says:
8. I am the parent or legal guardian of the following child(ren) who reside with
_________________ in _______________________ County, North Carolina:
Full Name of Child(ren) Age
9. The above child(ren) reside(s) with the above custodian for the following reason(s):
___ a. The death of a parent or legal guardian.
___ b. The serious illness of a parent or legal guardian.
___ c. The incarceration of a parent or legal guardian.
___ d. The abandonment by a parent or legal guardian of the complete control of
the child(ren) as evidenced by the failure to provide substantial financial support
and parental guidance.
___ e. Abuse or neglect by a parent or legal guardian.
___ f. The physical or mental condition of a parent or legal guardian is such that
he or she cannot provide adequate care and supervision of the child(ren).
___ g. The loss or uninhabitability of the student’s home as the result of a natural
disaster.
___ h. The child(ren) is(are) otherwise entitled to enrollment (i.e., special needs,
homelessness).
10. The child(ren) is (are) not currently under a term of suspension or expulsion from a
school for conduct that could have led to a suspension or an expulsion from the local
school administrative unit.
36
11. The child(ren)’s claim of residency in the unit is not primarily related to attendance at a
school within the unit.
12. I have given and the custodian has accepted responsibility for educational decisions for
the child(ren), including receiving notices of discipline under G.S. 115C-391, attending
conferences with school personnel, granting permission for school-related activities, and
taking appropriate action in connection with student records.
WARNING OF PENALTY
THIS AFFIDAVIT IS MADE PURSUANT TO N.C.G.S. SECTION 115C-366 WHICH
PROVIDES IN PART AS FOLLOWS: “IF IT IS FOUND THAT THE INFORMATION
CONTAINED IN EITHER OR BOTH AFFIDAVITS IS FALSE, THEN THE LOCAL BOARD
MAY, UNLESS THE STUDENT IS OTHERWISE ELIGIBLE FOR SCHOOL ATTENDANCE
UNDER OTHER LAWS OR LOCAL BOARD POLICY, REMOVE THE STUDENT FROM
SCHOOL. IF A STUDENT IS REMOVED FROM SCHOOL, THE BOARD SHALL
PROVIDE AN OPPORTUNITY TO APPEAL THE REMOVAL UNDER THE
APPROPRIATE POLICY OF THE LOCAL BOARD AND SHALL NOTIFY ANY PERSON
WHO SIGNED THE AFFIDAVIT OF THIS OPPORTUNITY. IF IT IS FOUND THAT A
PERSON WILLFULLY AND KNOWINGLY PROVIDED FALSE INFORMATION IN THE
AFFIDAVIT, THE MAKER OF THE AFFIDAVIT SHALL BE GUILTY OF A CLASS 1
MISDEMEANOR AND SHALL PAY TO THE LOCAL BOARD AN AMOUNT EQUAL TO
THE COST OF EDUCATING THE STUDENT DURING THE PERIOD OF ENROLLMENT.
REPAYMENTS SHALL NOT INCLUDE STATE FUNDS.”
This the __________day of ______________________, 20________.
__________________________________________
AFFIANT
Subscribed and sworn to before me, this the _____ day of ___________________, 20________.
__________________________________
Notary Public
__________________________________
My Commission Expires
37
RESOURCES AND CREDITS
This Guidebook is a service of Legal Aid of North Carolina.
Legal Aid of North Carolina (LANC) is a statewide, nonprofit 501(c)3 law firm that provides
free legal services in civil matters to low-income people in order to ensure equal access to justice
and to remove legal barriers to economic opportunity. LANC operates in all 100 counties in
North Carolina through 24 geographically based offices. Contact information for LANC’s
offices can be found at www.legalaidnc.org/public/.
Advocates for Children’s Services (ACS), a statewide project of LANC, represents children
when the education, foster care, and mental health systems break the promises our society has
made to protect children and holds the systems publicly accountable for their actions through
litigation, public advocacy, and community education. ACS can be reached at 919-226-0052.
Partners
This Guidebook could have not have completed without the support and assistance of many
partner organizations that also work with parents, students and communities on education issues.
Information on those organizations is provided below.
Statewide
Action for Children North Carolina advocates for child well-being by educating and engaging
all people across the state to ensure that our children are healthy, safe, well-educated and have
every opportunity for success. Action for Children uses highly-credible research, data collection,
advocacy and education to initiate change on behalf of children.
Contact: 919-834-6623
Website: www.ncchild.org
Disability Rights North Carolina (DRNC) is a private, tax-exempt, non-profit corporation with
the mission of protecting the legal rights of persons with disabilities through individual and
systems advocacy. DRNC provides legal representation to individuals with disabilities; offers
public education and training on issues affecting people with disabilities; provides technical
assistance to lawyers and lay advocates; and contracts with advocacy and service organizations
for training, referrals, technical assistance, litigation and special projects. For more information,
advice, and possible legal representation, you may contact DRNC.
Contact: 877-235-4210
Website: www.cladisabilitylaw.org
Exceptional Children’s Assistance Center (ECAC) is a private non-profit parent organization
committed to improving the lives and education of all children through a special emphasis on
children with disabilities. ECAC affirms the right of all individuals, from all backgrounds and
cultures, with or without disabilities, to an appropriate education and other needed services, and
seeks to make that right a reality by providing information, education, outreach, and support to
and for families with children across the state of North Carolina.
Contact: 800-962-6817 (parents only)
704-892-1321 (others)
Website: www.ecac-parentcenter.org
38
North Carolina Justice Center is North Carolina’s leading private, nonprofit anti-poverty
organization. Its mission is to reduce and eliminate poverty in North Carolina by helping to
ensure that every North Carolina household gains access to the resources, services and fair
treatment that it needs in order to enjoy economic security. The Justice Center employs four
main strategies: litigation, research and analysis, public policy advocacy, and grassroots action.
Contact: 919-856-2570
Website: www.ncjustice.org
The UNC Center for Civil Rights is committed to the advancement of civil rights and social
justice, especially in the American South. It fosters empirical and analytical research, sponsors
student inquiry and activities and convenes faculty, visiting scholars, policy advocates and
practicing attorneys to confront legal and social issues of greatest concern to racial and ethnic
minorities, to the poor and to other potential beneficiaries of civil rights advances. The Center's
work focuses on education, housing and community development, economic justice and voting
rights.
Contact: 919-843-3921
Website: www.law.unc.edu/centers/civilrights/default.aspx
Regional
Council for Children’s Rights (CFCR) serves Mecklenburg County. CFCR works primarily in
the areas of special education, abuse and neglect, mental health, custody, domestic violence and
juvenile justice; however, CFCR accepts any case where a child is in danger or when their rights
to receive government or community services mandated by law is in jeopardy of being violated.
CFCR provides information and advice by phone, and may be able to provide legal
representation.
Contact: 704-372-7961
Website: www.cfcrights.org
The Children’s Law Clinic is a community law office that provides free legal advice, advocacy,
and legal representation to low-income children in Alamance, Caswell, Chatham, Durham,
Granville, Franklin, Orange, Person, Vance, Wake, and Warren Counties. The clinic is staffed
by Duke Law students who bring their compassion, commitment, and energy to the task of
advocating for at-risk children. The Children's Law Clinic is one of the few programs in North
Carolina with expertise in special education and school discipline law. Since its establishment in
2002, the Children's Law Clinic has represented hundreds of children from a wide region around
Durham.
Contact: 919-613-7169
Website: www.law.duke.edu/childedlaw/index
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