Advocating for Your Child's Education in North Carolina — Blog Series, Part 1

When your child struggles in school because of a disability, getting support shouldn't feel like an uphill battle. Yet for too many North Carolina families, the IEP (Individualized Education Program) process leads to confusion, delays, and denials.

At North Carolina Legal Services, we help parents turn frustration into action—and fight for the education every child deserves.

In this two-part blog series, we'll walk you through the most common IEP violations in North Carolina and how to recognize early warning signs that your child's rights may be at risk. Whether you're just starting or have been advocating for years, this guide is for you.

---

1. Delays in Evaluation: Time Is Not On Your Side

Legal Requirements: Under federal law (IDEA), schools must complete an initial evaluation within 60 calendar days of parental consent (34 CFR § 300.301). North Carolina state regulations are more specific: schools must complete the evaluation, determine eligibility, and develop the IEP within 90 calendar days of a written referral, as outlined in the NC Policies Governing Services for Children with Disabilities (NC DPI).

Schools also have a legal Child Find obligation (20 U.S.C. § 1412(a)(3)) to proactively identify and evaluate any student suspected of having a disability. Section 504 of the Rehabilitation Act reinforces this obligation (34 CFR § 104.35).

Common Violations: Schools may delay evaluations by insisting on a prolonged Response to Intervention (RTI) process. Federal guidance, including from the Learning Disabilities Association of America, clarifies that RTI cannot delay or deny a formal evaluation. In some cases, parents are told an evaluation won't be done because the student is "doing fine" academically, even when social, emotional, or behavioral issues exist.

What This Means to You: If you've made a written request or referral and the school has not acted within 90 calendar days, they're out of compliance—regardless of staffing shortages or internal delays. Document every request and communication. If timelines are missed, you can file a formal complaint with the North Carolina Department of Public Instruction (DPI) or request a due process hearing.

Real Case Example: A 2022–2023 DPI report shows that North Carolina parents filed 233 special education complaints. Over 70% were found valid, many citing evaluation delays (NC DPI Special Education State Complaint Report, 2023).

---

2. Flawed or Incomplete Evaluations: Don't Accept a Rubber Stamp

Legal Requirements: The IDEA mandates that evaluations must be comprehensive, use a variety of tools, and assess all areas of suspected disability (34 CFR § 300.304). Section 504 requires nondiscriminatory evaluation procedures tailored to the individual child (34 CFR § 104.35). Tests must be in the student's primary language and performed by trained professionals.

Common Violations: Some evaluations rely on just one IQ or academic test, omitting vital assessments such as behavioral evaluations, speech and language screening, or functional behavior assessments (FBAs). Inadequate evaluations often miss diagnoses like ADHD, autism, or dyslexia, especially when cultural or language barriers exist.

What This Means to You: You have a powerful right to request an Independent Educational Evaluation (IEE) at the school district's expense if you disagree with their assessment (34 CFR § 300.502). If the district denies your IEE request, they must file for due process to defend their evaluation—which rarely happens.

Real Case Example: A 2023 systemic complaint against Wake County Schools revealed that many students with behavioral concerns were not receiving proper FBAs, leading to misdiagnoses and discipline instead of support (Legal Aid of NC, 2023).

---

3. Wrongful Denial of Eligibility: Grades Aren't the Whole Story

Legal Requirements: Eligibility under IDEA requires that a student has a disability and needs special education services (34 CFR § 300.8). Section 504 has a broader threshold: any physical or mental impairment that substantially limits a major life activity qualifies a student for accommodations (34 CFR § 104.3).

Common Violations: Districts often deny eligibility because a student "is doing fine in class" or has passing grades. However, educational performance includes behavioral, social, and emotional functioning—not just academics. High-functioning students with autism, ADHD, or anxiety disorders are frequently overlooked.

What This Means to You: If your child has a diagnosis and continues to struggle, request a written explanation of the eligibility decision. You can pursue an IEE or initiate due process if your child was wrongly found ineligible. Even if denied an IEP, you can request a Section 504 Plan for accommodations.

Real Case Example: Legal Aid of NC's investigations found that Wake County Schools failed to identify students with emotional disabilities, resulting in systematic denial of services for students who desperately needed them.

---

4. Poorly Written IEPs: A Document Isn't Enough

Legal Requirements: Every IEP must contain specific, measurable goals, the child's present levels of performance, services with clear frequency and duration, and must incorporate data from evaluations and parent input (34 CFR § 300.320).

Common Violations: Common issues include copy-pasted goals ("will improve reading"), missing behavioral plans despite clear need, or predetermined service decisions based on district policies rather than individual needs. IEPs are also sometimes written without including parent input or the results of private evaluations.

What This Means to You: You have the right to request changes to the IEP at any time—not just during the annual review. If your input is ignored, the school must provide Prior Written Notice explaining why. You can also request mediation or file a complaint with DPI.

Legal Reference: In Endrew F. v. Douglas County School District (2017), the U.S. Supreme Court ruled that IEPs must be reasonably calculated to enable progress, not just minimal benefit. This is now the gold standard for assessing IEP adequacy.

Real Case Example: In one DPI investigation, a school district was found in violation for failing to include specific speech therapy services despite the student's need—a clear denial of FAPE (Free Appropriate Public Education).

---

Stay Tuned for Part 2: In the next post, we'll break down what to do when IEPs aren't being followed, how school discipline intersects with disability rights, what costs parents can be reimbursed for under IDEA, and how to handle systemic issues affecting your school or district.

---

Need help navigating the IEP process or filing a complaint? Contact North Carolina Legal Services for affordable, compassionate legal guidance: northcarolinalegalservices.org or call (984) 777-8288.