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Advocate For Your Student: �From Prevention to Dispute Resolution

LANC Right to Education Project

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Legal Aid of North Carolina & REP

Legal Aid of NC (LANC) 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.

The Right to Education Project (REP) is the statewide education justice project of LANC that fights for education justice and an to end the school to prison pipeline.

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�Former journalist and �teacher of undergrads��Juris Doctor��Mother to an 8 year-old student with an IEP ��

Rebecca Cathcart

Law Associate, Right to Education Project

Supervising Attorney: Jen Story

RebeccaC@LegalAidNC.org

919-226-5927

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  • Agenda

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  • Problem-Solving to Prevent Crises: Document & Connect; Facilitated IEP Meetings; Mediation
  • Formal Advocacy:   Formal Complaints; Mediation
  • Questions

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Before we start

Disclaimer: This presentation does not indicate that Legal Aid represents you. The purpose of this session is to give legal information and not advice specific to the facts of your case.

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Intent of Listen & Learn: To provide you with information and resources to help you advocate for your child in a K-12 public school or charter school setting in North Carolina. 

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Our website��https://www.legalaidnc.org/rep

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Resources ��https://www.legalaidnc.org/rep

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Problem-Solving to Prevent Crises�    

Advocating at the school level when you begin having concerns about your student

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Advocacy Tips

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  1. Trust your instincts.

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  • Build your team. 

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  • Know your rights

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  • Know the policies and procedures. 

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  • Document your concerns and requests in writing (email is great!) and connect those to existing teams (e.g. IEP, 504, MTSS).  
    • Facilitated IEP Team Meetings

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  • Mediation. 

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Trust Your Instincts

You know your child best and you are their strongest advocate.  

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Build your team

Bring in others who can help the school team understand your child’s strengths and needs.

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From the school

  • Related services professionals (speech, OT, etc.)
  • School social worker, counselor, or psychologist
  • Trusted adult(s)

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From the community

  • Medical/mental health providers
  • Community-based mentors
  • Family members
  • Community-based advocates  

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Know your rights

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Know the policies and procedures

  •   Review your school district's Board Policies and see if there are specific protections or procedures related to your concerns.

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  • Review the NC DPI EC Policies.

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  • Review the NCDPI EC

Procedural Safeguards 

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Document and Connect

  • Share your concerns.
    • Start from a foundation of your student’s strengths and potential. 
    • Be specific about what you believe is not going well/how your student is being impacted.
    • If possible, connect your concerns to a specific law or board policy.

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  • Make specific requests.
    • More information (e.g. progress monitoring, video footage, write-ups, cumulative records, etc.). 
    • Specific services/supports, evaluations, etc..
    • A meeting. 

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  • Connect to existing teams and procedures.
    • IEP Teams, 504 Teams, MTSS
    • Come prepared! Request drafts, share your requests ahead of time, bring community partners, etc.

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Make sure your requests and the school’s responses are IN WRITING

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REP Online Resources�https://legalaidnc.org/rep/

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Facilitated IEP Meetings

  • If both parties agree, the facilitator will contact you to create an agenda based on your concerns.
  • The facilitator is a neutral third party. 
  • NC DPI provides more in-depth information about that process.

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Mediation

  • DPI provides a mediator. 
  • Mediation is voluntary and controlled by the parties. 
  • A mediator can help to resolve disagreements about a child's: 
    • identification 
    • evaluation 
    • Program/placement 
  • Mediation can happen as part of a complaint process or can be used before a complaint is filed.
  • Mediation can result in a settlement agreement. 

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File first and then mediate?  Or mediate before filing?  

  • A primary consideration = when is the statute of limitations (filing deadline)?  DPI and OAH = 365 days.  OCR = 180 days. 
  • If you are close to a filing deadline, you may want to file first and then mediate within the complaint process.  
  • If you are NOT close to a filing deadline, mediation can be a great way to preserve relationships and have a seat at the table more quickly.  

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Let’s practice!

Angel is an 8-year-old fifth grader with autism, who has received supports via an IEP since she was in kindergarten. She is incredibly bright, but struggles with sensory triggers. Her teacher reports that she is regularly disruptive to the class because she won’t sit still during instruction and has multiple meltdowns per week. You were told by your child’s case manager that, if Angel can’t get her behavior under control, the IEP Team will need to meet to discuss putting Angel in a separate classroom or school setting.

  1. What do your instincts say?
  2. Who would you want to bring into the team?
  3. Where can you go to learn more about your rights?
  4. Where can you go to learn more about the procedures?
  5. What requests would you put in writing?
  6. How could you utilize mediation?

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Let’s practice!

  1. What do your instinct say? Angel isn’t getting what she needs in her current setting. She needs more appropriate support where she is – not to be pushed out.
  2. Who would you want to bring into the team? Related services professionals (particularly OT – school and/or community-based), school psychologist (for potential reeval), community partners (e.g. mentor, therapist, advocate)
  3. Where can you go to learn more about your rights? Special Education & Disability-related Needs - Legal Aid of North Carolina (legalaidnc.org)
  4. Where can you go to learn more about the procedures? NC DPI EC Policies (utilize control+f to search for key terms/topics)
  5. What requests would you put in writing? Request for IEP meeting (facilitated IEP meeting if needed), request for reevals or IEE, request for additional services/accommodations (if known).
  6. How could you utilize mediation? If the school denies reevaluations or specific supports, the threat of a complaint plus a request for mediation may be sufficient to resolve minor disputes.

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If preventative advocacy didn’t work…�����

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Advocacy options

Action

Issues Covered

Timeframe

Considerations

Any “final administrative decision” in violation of school board policy or state/federal law or policy.   

30 days (often school days)

Best for violations that can’t be raised in other forums.  

Any action or decision with which you disagree. 

30 days (often school days)

Best forum for issues that can’t be raised in other forums.  

Any long-term suspension (more than 10 days), expulsion, or disciplinary reassignment. 

Within 10 days

Must be used to challenge suspensions before can proceed to a court setting.

Discrimination on the basis of sex, including sexual harassment. 

No deadline

Must follow clear procedures required under the law. 

School-based 504 Grievances

Discrimination on the basis of disability, including identification, eligibility, or placement. 

365 days (often)

Follows school-based procedures for a full due process hearing.  See e.g. WCPSS

Discrimination based on race, color, national origin, sex, disability, or religion. 

180 days

Do not need an attorney. Good forum for procedural violations. 

Special education rights for students with disabilities. 

365 days

Do not need an attorney.  Good forum for procedural or systemic violations. 

Special education rights for students with disabilities. 

365 days

Consult with attorney. Best forum for challenging the “appropriateness” of services and longstanding violations. 

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REP Online Resources:

School-based Grievance

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  • School board policies
  • Tips
  • Templates

https://legalaidnc.org/project/rep/

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Formal�Complaints� 

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If you are unable to get the school to appropriately respond to your concerns, consider formal complaint options

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Formal Complaints

Forum/Type of Complaint

General information

State Complaint with NC DPI

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  • Can file a formal state complaint to raise violations of the IDEA. 
  • Will only look at violations within the last 365 days.
  • Do not need an attorney to file.
  • Investigation completed and report issued within 60 days of filing

Discrimination Complaint with the US DOE’s Office for Civil Rights

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  • Can file a complaint with the Office for Civil Rights to raise violations of the Section 504 and Title II of the ADA within the last 180 days.
  • Can bring individual and systemic claims.
  • Do not need an attorney to file.
  • Investigations can take between 3 months to years to complete.

Contested Case Petition with the NC OAH

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  • Can file a Contested Case Petition  to raise IDEA violations that have occurred within the last 365 days. Can go back further if the school misled you or withheld info.  
  • Can only bring individual claims.
  • Involves formal litigation and so attorney is HIGHLY recommended.
  • Timing varies depending on whether case settles or goes to hearing.  If settles 🡪 ~ 45 days from filing.  If hearing 🡪 4-6 mos.

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*** Remedies should address the harm caused and prevent future harm.***

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Individual remedies

    • An IEP meeting to address the and/or update your child’s plan with specific services.
    • An evaluation or reevaluation of your child (including IEE). 
    • Compensatory education: 1:1 or small group tutoring for up to one year to compensate for the time your child was denied access to needed special education services or supports. Can be provided by the school or, in some cases, by private providers.
    • *Private school placement/reimbursement. (Most appropriate for OAH)
    • *”Stay put” in last agreed upon placement while legal actions are pending. (Only available for contested case petitions in OAH)

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Systemic remedies

    • Training for school staff in the laws or policies violated. 
    • Creation or cessation of specific programs or policies.
    • *Remedies for similarly situated students. (Only available in systemic DPI or OCR complaints)

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Money damages are not available through these complaints. If you are trying to get damages, you need to talk

to an attorney about a personal injury lawsuit. 

Remedies 

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Template State Complaint

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Template OCR Complaint

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Due Process  Complaint

  • We highly recommend working with an attorney if you want to file 
    • requires more time & resources 
    • a formal litigation process (discovery, motions, testimony, may need expert witnesses)

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  • OAH is not as accessible to parents filing without legal representation
    • But there aren't enough attorneys (particularly low-cost attorneys) to represent parents!
    • There is an effort underway at OAH to create more guidance to support parents navigating through the process (stay tuned). 

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  • More information about Due Process Complaints

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Choosing the Right Complaint

Forum/Type of Complaint

When complaint is a good fit

When complaint may not be a good fit

State Complaint with NC DPI

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  • Formal action is needed to get remedies and/or document patterns in last 365 days.
  • Violation is straightforward/procedural.
  • Getting a decision quickly is needed.  
  • Primary remedy sought is compensatory education provided by school and/or training.
  • Systemic remedies are sought.   
  • Significant violations happened over a year ago. 
  • You are raising concerns about the quality or rigor of IEP goals, accommodations, or services.
  • You are seeking private school placement or reimbursement for private school.  

Discrimination Complaint with the US DOE’s Office of Civil Rights

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  • Formal action is needed to get remedies and/or document patterns in last 180 days.
  • Violation is straightforward/procedural.
  • Issue involves other form of discrimination or equal access under Section 504
  • Primary remedy sought is compensatory education provided by school and/or training.
  • Systemic remedies are sought.   
  • Significant violations happened over 6 months ago. 
  • A timely decision/intervention is needed.  
  • You are raising concerns about quality of goals, accommodations, or services.
  • You have already filed a 504 grievance.
  • You are seeking private school placement or reimbursement for private school.  

Contested Case Petition with the NC OAH

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  • Formal action is needed to get remedies for violations in last 365 days and/or longstanding violations that meet SOL exception.
  • Quality or rigor of services is at issue.    
  • Stay put is needed.  
  • Primary remedy sought is compensatory education, training, or private placement.
  • When the last violation happened over a year ago and there is no evidence that the school concealed information or misled you. 
  • You are seeking systemic remedies.  
  • When you have limited bandwidth to engage in a court proceeding. 

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Problem-Solving to Prevent Crises:

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  • REP's online resources
  • Build your team inside and outside of the school
  • Know your rights: review our online resources as well as other parent advocacy resources
  • Review your school district's policies and procedures and NC DPI’s EC Policies
  • Communicate in writing with school team members (IEP/504/MTSS) to share your concerns and requests. Utilize facilitated IEP Team meetings as needed.
  • Mediation is an option before filing a formal complaint (check the statute of limitations!)

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Formal Advocacy: 

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  • School-based grievances & complaints
  • Formal Complaints
  • Mediation after filing a complaint
  • Remedies
    • Repairing your student's individual harms
    • Repairing systemic harms

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Recap

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Questions?��