Special Education & Disability-related Needs

Every district in NC is required to implement Multi-Tiered Systems of Support (learn more about MTSS in this video), which includes individualized regular intervention supports for struggling students. These supports can be academic (smaller classrooms, small groups, tutoring), behavioral (small group interventions, a Functional Behavioral Assessment), or both.

Schools are responsible for identifying students who need extra support and moving them through the four tiers of MTSS. However, parents can also request that their student be provided with a higher level of services. Schools may refer to their MTSS team by different names, such as “student support teams”, or “student intervention team.”

• Share your concerns and ask for help. Write to your student’s teacher to share your concerns about your student and ask that they begin receiving more individualized supports. If you have specific suggestions of the interventions they may need, include your recommendations. Click here for an example email to request an MTSS meeting.
• Advocate in meetings. Attend any meetings scheduled by the school about developing academic or behavioral supports and interventions for your students. Ask any questions that you have during the meeting about exactly what supports your child is getting and when. Ask the school to provide you with progress monitoring data at regular times (such as monthly or quarterly) so that you can see whether things are improving.
• Request documentation. If your student already gets MTSS, and you want more information, request a copy of the MTSS plan and request a team meeting to discuss additional assessments and supports for your student if needed.
• Initiate special education procedures if you suspect a disability. If you have reason to suspect that your student’s struggles in school may be disability-related, consider requesting that they be evaluated to determine eligibility to receive special education services through an Individualized education program (IEP). See next section.
• Build your team. Advocating for your student can feel isolating and be emotionally exhausting at times. You can build your team by inviting friends, family members, trusted individuals from your student’s school, and/or trusted community partners to join you in school-based meetings. In some situations, you may be able to access trained advocates who can support you free of charge. Check out our Parent Advocacy and Support Resource Guide to identify local advocates who may could help. We recommend letting the school know ahead of time if you will be bringing someone with you.
• Learn more. Review our guides related to General Education Interventions.

Schools have a responsibility under federal law (the IDEA) to identify and serve students who have a disability and who require individualized help to support their disability-related needs (a.k.a. special education services). If a school suspects a student may need special education services, they must contact the parent and begin taking the steps outlined below, which is called “Child Find.” Parents who believe their children may have a disability that requires special education services can also request that their student be evaluated to better understand their needs and possible eligibility for extra help through an Individualized Education Program (IEP). These requests from parents should be made in writing. Schools must help parents put their request in writing if needed.

If your child has a physical or mental impairment that affects major life activities, but does not require special education services (they do not need the classroom curriculum or supports to be modified for them in any way), they may qualify for a 504 Plan. Learn more about 504 Plans here.

To learn more, see: NC 1503-2.1 (Referrals); NC 1503-2.2 (Initial Evaluations); NC 1503-2.5 Evaluation Procedures); and NC 1503-2.7 Determination of Eligibility

When followed properly, the special education eligibility process has four parts: (1) identification; (2) referral meeting; (3) evaluation, and (4) eligibility determination meeting.

(1) Identification

If a school suspects that a student needs an IEP and/or a parent requests an evaluation, the school must hold an IEP Team meeting to discuss the student’s academic, functional (communication, mobility, organization, etc.), and behavioral/emotional needs. This required meeting is called a “Referral Meeting”. The members of an IEP Team include relevant teachers, staff, and administrators from the school, as well as the parent and, if it is appropriate for them to participate, the student.

***RED FLAG: Schools cannot ignore parental requests for an evaluation. If a parent makes a written request for an evaluation, the school must convene a Referral Meeting.

(2) Referral Meeting

In the Referral Meeting, the team will complete the special education referral form. (Here is the English template referral form and Spanish template referral form). At the end of the meeting, the IEP team must make one of three decisions:

• Find the student eligible for an IEP based on existing information
• Find the student ineligible for an IEP based on existing information; or
• Refer the student for a full evaluation to better understand their needs

Before eligibility is determined, the IEP team must make sure a student with suspected disabilities has been evaluated in all areas of identified need (e.g. academic functioning, behavior and social/emotional functioning, ability to pay attention, communication skills, daily living skills, etc.)

***RED FLAG: If a disability is suspected, schools cannot refuse to evaluate a student simply because they have not completed the Multi-Tiered Systems of Support (MTSS) process. The evaluation process and the MTSS process can move forward at the same time if needed.

(3) Evaluation

Parents must provide written permission before their student can be evaluated. Evaluations may include: 1-1 testing by a psychologist or other professional (e.g. speech therapist, occupational therapist, etc.), rating scales, and/or surveys to gather information about the students’ needs. In some cases, medical diagnoses are required (e.g. for eligibility under the Other Health Impairment or Traumatic Brain Injury categories). Schools are responsible for carrying out all parts of the evaluation at no cost to the parent.

(4) Eligibility Meeting

After the evaluation process is completed, the IEP Team must come back together for a special meeting called an “Eligibility Meeting.” The purpose of the Eligibility meeting is review the student’s evaluation results and determine whether the student qualifies to receive special education services. To make this determination, the IEP Team must answer three key questions:

• Does the student meet the criteria set forth in one or more of the 14 categories of qualifying disability?;
• Does the student’s disability have a negative impact on their educational performance?; and
• Does the student require specially designed instruction to address their disability-related needs?

In all Eligibility Meetings, the IEP Team must complete eligibility worksheets for each suspected area of disability and a final eligibility determination form. (Here is the English template eligibility determination form and Spanish template eligibility determination). If a student is found eligible for special education services, the IEP Team must also create an IEP for the student that includes all the special education services, related services, and accommodations they need to be able to access a free appropriate public education (FAPE) in the least restrictive environment (LRE). Parents must provide written permission before special education services can be provided to their student.

***RED FLAG: All of the steps above must be completed within 90 calendar days from the date that the parent sent the school a written evaluation request or the school referred the student to the IEP Team. The 90 calendar day timeline is firm, and does not stop for holidays, summer break, or school closures.

1. Start the referral process. If you think your child might have a disability, contact your principal in writing (email is best) to explain your concerns and ask that they evaluate your child. Here is a template email you can use to request an evaluation. If you have already requested an evaluation and your request has been ignored, submit the request in writing again, and enclose or include a reference to your previous request(s), including the date of any previous request.

2. Schedule any IEP Team meetings at a day/time and in a format (virtual or in-person) that will best allow you to actively participate. You and your child are the most important members of the IEP Team. The school must take steps to accommodate your schedule to ensure you can participate in the IEP Referral Meeting, the IEP Eligibility Meeting, and all other subsequent meetings.

***BEFORE THE REFERRAL MEETING***

3. Request updated information and IEP Team meeting document drafts. Request that draft documents and updated information about your student’s performance be provided to you ahead of time so that you have adequate time to prepare and can meaningfully participate in the IEP Team meeting. Here is an email you can use to request documents before an IEP meeting.

• If they refuse to provide drafts and/or any other information that will be necessary for you to effectively advocate in the meeting, request that they explain the refusal and consider asking that the meeting be postponed until they can provide those drafts.
• At a minimum, review the template special education referral form from the North Carolina Department of Public Instruction so that you know what to expect in the meeting and can begin preparing information that you want to share. (See the English template referral form and Spanish template referral form at these links.)

4. Build your team. Advocating for your student can feel isolating and be emotionally exhausting at times. You can build your team by inviting friends, family members, trusted individuals from your student’s school, and/or trusted community partners to join you in school-based meetings. In some situations, you may be able to access trained advocates who can support you free of charge. If you will be bringing someone from the community to your IEP Team with you, we recommend letting the school know ahead of time.

• Talk to any of your child’s providers, such as therapists or doctors, and ask them to either attend the meeting with you or provide you with a letter of any recommendations they have for supports and services that would help your child in school. You can also ask that they provide assessments or other documentation of your child’s disability that would be useful for the IEP Team to understand.
• Check out our Parent Advocacy and Support Resource Guide to identify local advocates who may be able to support you in your advocacy.
• You can also request that specific individuals from the school/district attend. This could include, but isn’t limited to: the school counselor; school or district behavior specialists; or teachers or staff with whom your student feels particularly connected. You cannot require that they attend, but you can request that they participate in some way.

5. Share information or documentation with the IEP Team. If you have information from your child’s medical providers, outside assessments or evaluations, or any other documentation or insights that you want to be sure is captured in the IEP Team documents and is considered by the team, send that documentation to the school ahead of time (ideally at least 24 hours before the IEP Team meeting). Ask that your input be incorporated into the draft paperwork in the “medical information” and/or “information from the parent or other sources” sections of the Referral form (see English and Spanish) and that, as appropriate, it be shared with the rest of the IEP Team members. This communication also provides a helpful opportunity to let the school know who from the community will be attending the meeting with you. You can send this communication to your student’s Exceptional Children (EC) case manager if you know who that person is, or you can send it to the principal.

6. Get your questions answered. If you have questions about the IEP process, what will happen in particular meetings, what your child’s test results mean, etc., take steps to get those questions answered before the meeting.

• Contact your school’s principal or Exceptional Children (EC) case manager/facilitator to ask any questions about the process or what to expect in the meeting.
• Contact ECAC (Exceptional Children’s Assistance Center), an excellent community-based organization that provides free parent education and support. They have a lot of helpful resources on their website. They are also available to answer questions as you navigate the advocacy process, and all parent educators are parents of children with disabilities.
• Review our guides for General Education Interventions, 504 Plans, and Special Education Eligibility for more information.

***AT THE REFERRAL MEETING***

7. Make your voice heard at the meeting. At the IEP meeting, be sure that you are being given the chance to ask questions and offer your perspectives. Verify that your input and any disagreement is documented in the Prior Written Notice and/or Meeting Minutes.

• If you feel like you are not being listened to, consider asking that the team pause the meeting and then reconvene with an independent facilitator from DPI.

8. Record the meeting if helpful for your record-keeping. Under North Carolina law, you have the right to make an audio recording of any meeting in which you are an active participant. If it would be helpful for you to have an audio recording of the meeting to be able to refer back to,

you can make your own recording. You can request, but cannot require, the school to make a recording for you.

***BEFORE THE ELIGIBILITY MEETING***

9. Ensure you have received copies of all documents from the Referral Meeting. If you have not already received all documents completed at the Referral Meeting, send a message requesting that all completed paperwork be provided. Here is an email you can use to request that documentation.

10. Request that copies of all evaluation reports be provided and that you have the opportunity to speak to evaluators before the Eligibility Meeting. A wealth of in-depth, complicated information is gathered about your student through the evaluation process. This information will form the basis of the IEP Team’s decision regarding whether your student is eligible for special education services and, if so, what services and supports they need. In general, parents are given copies of this in-depth documentation at the Eligibility Meeting and have to try to read and understand everything on the spot. To make sure that you have adequate time to review your child’s evaluation data and prepare for the Eligibility Meeting, we strongly recommend that parents request: (a) that copies of the evaluation reports be provided in advance; and (b) that they be given the opportunity to speak to the evaluators prior to the meeting to ask questions and ensure they understand the evaluation results. Here is an email you can use to request evaluation reports and a meeting with an evaluator.

11. Request updated information and IEP Team meeting document drafts. Request that draft documents and any updated information about your student’s performance be provided to you ahead of time so that you have adequate time to prepare and can meaningfully participate in the IEP Team meeting. Here is an email you can use to request documents before an IEP meeting.

• If they refuse to provide drafts and/or any other information that will be necessary for your ability to effectively advocate in the meeting, request that they explain the refusal and consider asking that the meeting be postponed until they can provide those drafts.
• At a minimum, review the template eligibility worksheets from the North Carolina Department of Public Instruction so that you know what to expect in the meeting and can begin preparing information that you want to share. for each suspected area of disability and a final eligibility determination form. In addition, review the English template eligibility determination form and/or Spanish template eligibility determination form.

12. Follow the same steps above to ensure you are building your team (#4), sharing information with the IEP Team ahead of time (#5); and getting your questions answered (#6).

***AT THE ELIGIBILITY MEETING***

13. Make your voice heard at the meeting. At the IEP meeting, be sure that you are being given the chance to ask questions and offer your perspectives. Verify that your input and any disagreement is documented in the Prior Written Notice and/or Meeting Minutes.

• If you feel like you are not being listened to, consider asking that the team pause the meeting and then reconvene with an independent facilitator from DPI.

14. Record the meeting if helpful for your record-keeping. Under North Carolina law, you have the right to make an audio recording of any meeting in which you are an active participant. If it would be helpful for you to have an audio recording of the meeting to be able to refer back to, you can make your own recording. You can request, but cannot require, the school to make a recording for you.

***AFTER THE ELIGIBILITY MEETING***

15. Ensure you have received copies of all documents from the Eligibility Meeting. If you have not already received all documents completed at the Eligibility Meeting, send a message requesting that all completed paperwork be provided. Here is an email you can use to request that documentation.

16. Consult additional resources below if your student was found eligible for an IEP, but you don’t think their IEP is appropriate to meet their needs.

17. Call the LANC hotline if you have tried the strategies listed above and want to file a complaint to challenge one of the following issues:

• An IEP Team’s final decision to find your child ineligible for an IEP; or
• An IEP Team’s failure to timely find your child eligible for an IEP, resulting in meaningful harm to your child.

Schools have a responsibility under federal law (the IDEA) to provide students with disabilities with access to a free appropriate public education (FAPE).

FAPE has been defined by the courts as education that allows a student to make meaningful progress, both towards graduation and their individualized IEP goals. In practice, this means that a student should be receiving all of the individualized services and accommodations they need to be able to make appropriate progress towards passing their classes and reaching the unique annual goals that their IEP team has set for them. The FAPE must also be provided in the least restrictive environment (LRE). See next section for more information on LRE.

A student’s IEP should address all areas of disability-related need. This includes academic needs (math, reading, or writing); (2) functional needs (work completion, communication, etc.); and (3) behavioral needs (peer conflicts, regulating emotions, school avoidance, etc.). Check out this helpful resource to learn more about the components of a student’s IEP that must be in place to ensure access to a FAPE.

IEP Teams must consider all behavioral supports that a student may need. In addition to providing behavioral services and accommodations through a student’s IEP, IEP Teams can and in some cases must also provide a functional behavioral assessment (FBA) and behavior intervention plan (BIP) to help support a student’s behavioral needs.

IEP teams must regularly reevaluate a students’ needs. Evaluations, assessments, and progress monitoring are important tools that schools can and should be using to better understand a student’s disability-related needs and how to best meet those needs.

• Progress monitoring: IEP goals should be regularly monitored through the progress monitoring tool set forth in a student’s IEP (teacher-made tests, work samples, etc.). At least quarterly, schools must send progress reports to parents to share updates on how a student is doing on their IEP goals. If progress monitoring data shows that a student with a disability is not making progress or is losing progress or skills, their IEP Team should meet to discuss whether additional or different supports are needed to provide access to a FAPE.
• Assessments: Throughout the school year, students with and without disabilities are given classroom assessments to understand how they are progressing through the coursework. (classroom tests, iReady, MCLASS, etc.). If those assessments show that a student with a disability is not making progress or is losing progress or skills, their IEP Team should meet to discuss whether additional or different supports are needed to provide access to a FAPE.
• Reevaluations: At a minimum, IEP Teams must meet every three years to decide whether updated evaluations (psychoeducational testing, speech-language evaluations, occupational therapy evaluations, behavior ratings scales, etc.) are needed to better understand how a student is doing, what additional services or supports they may need, and whether they still require special education services. DPI has published template reevaluation forms for IEP Teams to complete (available in English and Spanish). Reevaluations can take place more frequently (but not more than once a year) if a parent or school staff member requests new information. Parents/guardians must provide signed consent before a student can be reevaluated.
• Independent Educational Evaluations (IEEs): If a parent disagrees with the results of any individual evaluation conducted by a school district, they have the right to request a free Independent Educational Evaluation (IEE). Put simply, an IEE is a second opinion evaluation that must be paid for by the school district. Once a parent makes a request for an IEE, the school district must provide the parent with information regarding where and how to obtain an IEE. A school district cannot simply decline to provide a requested IEE. Instead, if the district wants to refuse to pay for an IEE, they must file a due process petition (a formal legal proceeding used in special education cases) to defend their evaluations and decision to refuse an IEE. For this reason, school districts regularly approve IEEs when there is good cause for requesting one.

IEP teams must regularly review and update students’ IEPs to ensure they are appropriate. At a minimum, IEP Teams must review and update students’ IEPs annually (“annual review”). IEP Teams can and must meet more frequently to review and update the IEP if either the school or parent has concerns about student progress (“addendums” or “addendum meetings”).

***RED FLAGS: The following are red flags that a student’s IEP may not be appropriate to provide FAPE in the LRE:

• The present levels and/or goals haven’t been meaningfully updated since the last annual review IEP.
• The goals, even if achieved, are not rigorous enough to enable the student to make meaningful progress in the general curriculum (for example, the IEP sets goals that are below grade level even though assessment data shows that the student could be doing grade level work with the right supports).
• The student is consistently not making progress on their goals or in the curriculum, as demonstrated through progress monitoring data, assessment data, and other indicators (for example, increased suspensions, truancy concerns, etc.).
• The IEP doesn’t include requested services or accommodations that the student needs to be able to make progress.

IEP Teams must implement IEPs as written. A school’s failure to provide all services required under a student’s IEP and BIP may result in a denial of FAPE.

1. Write out your concerns and your goals. What makes you believe that your child needs more or different support? Can you point to recent assignments, progress reports, report cards, or discipline incidents that back up what you’re seeing? What is your goal for where you want your child to be, and what do you think your school can do to help your child get there? Take some time to reflect on these questions so you know what you’re aiming for with your advocacy.

2. Request an IEP meeting. If you believe that changes to your child’s IEP are needed to ensure access to a FAPE, write to your child’s case manager and/or principal to request that the IEP Team meet to review your child’s IEP, your concerns, and discuss ways to update their services. Here is an email that you can use to request an IEP meeting.

3. Schedule the IEP Team meeting at a day/time and in a format (virtual or in-person) that will best allow you to actively participate. You and your child are the most important members of the IEP Team. The school must take steps to accommodate your schedule to ensure you can participate.

***BEFORE THE IEP MEETING***

4. Request updated information and IEP Team meeting document drafts. Request that draft documents and updated information about your student’s performance be provided to you ahead of time so that you have adequate time to prepare and can meaningfully participate in the IEP Team meeting. Here is an email you can use to request documents before an IEP meeting.

• If they refuse to provide drafts and/or any other information that will be necessary for your ability to effectively advocate in the meeting, request that they explain the refusal and consider asking that the meeting be postponed until they can provide those drafts.

5. Build your team. Advocating for your student can feel isolating and be emotionally exhausting at times. You can build your team by inviting friends, family members, trusted individuals from your student’s school, and/or trusted community partners to join you in school-based meetings. In some situations, you may be able to access trained advocates who can support you free of charge. If you will be bringing someone from the community to your IEP Team with you, we recommend letting the school know ahead of time.

• Talk to any of your child’s providers, such as therapists or doctors, and ask them to either attend the meeting with you or provide you with a letter of any recommendations they have for supports and services that would help your child in school. You can also ask that they provide assessments or other documentation of your child’s disability that would be useful for the IEP Team to understand.
• Check out our Parent Advocacy and Support Resource Guide to identify local advocates who may be able to support you in your advocacy.
• You can also request that specific individuals from the school/district attend. This could include, but isn’t limited to: the school counselor; school or district behavior specialists; or teachers or staff with whom your student feels particularly connected. You cannot require that they attend, but you can request that they participate in some way.

6. Identify what requests you want to make. As you prepare for the IEP Team meeting, be thinking about whether there are specific requests you want to make of the IEP Team. Note: You do not have to go in ready to make specific requests. You can call a meeting to discuss specific concerns you have and then ask the IEP Team to provide you with recommendations of how to address your concerns. However, should you decide to make specific request, below is a non-exhaustive list of things that could be included in a request:

• My child needs new or updated special education services (i.e. they need a special education teacher to work with them more directly) to address their needs in the following areas: [choose all that apply: reading, math, writing, organizational skills, behavioral/emotional skills]
• My child needs new or updated related services to address their disability-related needs. Specifically, they need [choose all that apply: occupational therapy, physical therapy, speech-language therapy, special transportation, social work services, counseling, nursing services, etc.]
• My child needs new or updated accommodations to address their disability-related needs. [Check out this resource for a lengthy list of sample accommodations to consider requesting.]
• My child needs a new or updated behavior intervention plan to support their ongoing behavioral needs.
• My child needs to be reevaluated because I don’t think we have enough information to ensure their disability-related needs have been met and it has been more than a year since their needs were last assessed.
• My child needs an Independent Educational Evaluation because I do not agree with the results of the most recent evaluation conducted by the school system. NOTE: Here is an email you can use to request an IEE.

7. Share information or documentation with the IEP Team. If you have specific requests, information from your child’s medical providers, outside assessments or evaluations, or any other documentation or insights that you want to be sure are documented in the IEP Team documents and considered by the team, send that documentation to the school ahead of time (ideally at least 24 hours before the IEP Team meeting). Ask that your input be incorporated into the draft documents and that, as appropriate, it be shared with the rest of the IEP Team members. This communication also provides a helpful opportunity to let the school know who from the community will be attending the meeting with you. You can send this communication to your student’s Exceptional Children (EC) case manager if you know who that person is, or you can send it to the principal.

8. Get your questions answered. If you have questions about the IEP process, what will happen in particular meetings, what your child’s test results mean, etc., take steps to get those questions answered before the meeting.

• Contact your student’s principal or EC case manager/facilitator to ask any questions about the process or what to expect in the meeting.
• Contact ECAC (Exceptional Children’s Assistance Center), an excellent community-based organization that provides free parent education and support. They have a lot of helpful resources on their website. They are also available to answer questions as you navigate the advocacy process, and all parent educators are parents of children with disabilities.
• If evaluations have been recently completely, ask to speak directly with evaluators to discuss their evaluation reports and any specific questions. Here is an email you can use to request copies of evaluations and a meeting with an evaluator.
• Review our guides related to Special Education (English and Spanish) for more information.

***AT THE IEP MEETING***

18. Make your voice heard at the meeting. At the IEP meeting, be sure that you are being given the chance to ask questions and offer your perspectives. Verify that your input and any disagreement is documented in the Prior Written Notice and/or Meeting Minutes.

• If you feel like you are not being listened to, consider asking that the team pause the meeting and then reconvene with an independent facilitator from DPI.

19. Record the meeting if helpful for your record-keeping. Under North Carolina law, you have the right to make an audio recording of any meeting in which you are an active participant. If it would be helpful for you to have an audio recording of the meeting to be able to refer back to, you can make your own recording. You can request, but cannot require, the school to make a recording for you.

***AFTER THE IEP MEETING***

9. Ensure you have received copies of all documents from the IEP Team Meeting. If you have not already received all documents completed at the IEP Team Meeting, send a message requesting that all completed paperwork be provided. Here is an email you can use to request that documentation.

10. If you have not already done so and you believe it is necessary, request an Independent Educational Evaluation (IEE). If you disagree with an evaluation that your student’s school has conducted and/or they have refused/failed to complete an evaluation that is needed to ensure your student receives a FAPE, you can request an IEE. Here is an email you can use to request an IEE.

11. Contact your EC Director. Share your concerns (in writing is best) and ask that they or someone from their department meet with you to discuss how your child is being treated and the ways in which their IEP is not appropriate and/or is not being implemented. Find your EC Director’s contact information here: Exceptional Children | NC DPI.

12. If your concerns haven’t been addressed after trying these strategies, call the LANC Helpline, particularly if the IEP Team refuses to provide specific services or accommodations that you have requested and/or your student with a disability hasn’t made progress in their classes or on their IEP goals for a significant period of time.

Schools have a responsibility under federal law (the IDEA) to provide students with disabilities with access to a free appropriate public education (FAPE)(see the previous section for more information about FAPE) in the least restrictive environment (LRE). The LRE guarantee means that disabled students have the right to be educated with their non-disabled peers to the maximum extent appropriate. This protection is meant to prevent the unnecessary segregation of children with disabilities into separate spaces.

Under the IDEA, school districts must offer a continuum of placements to meet the needs of students with disabilities, which should range from less restrictive to more restrictive. That continuum could include:

• Push-in services – a special education teacher goes into a regular education classroom to provide services;
• Pull-out services – a student is pulled out of their regular classroom to receive services in a setting with only special education teachers/students;
• Separate classrooms – a student receives all of their instruction in a given subject in a classroom with only special education teachers/students;
• Separate schools – a student goes to school with only special education students;
• Residential facilities – a student resides and goes to school with only special education students); or
• Homebound (also called Home/Hospital) – a student receives all instruction at home via a special education teacher.

How much access a student has to their non-disabled peers and to regular education settings ultimately determines where they fall on the LRE continuum.

In light of decades of research showing that inclusive educational settings are better for students with and without disabilities alike, the LRE guarantee protects students with disabilities’ right to be educated with non-disabled peers to the greatest extent possible. In practice, this means that the school should not be pulling students with disabilities out of the regular classroom setting to receive their special education services unless they can show that, even with necessary accommodations and supports, the student wouldn’t be able to meaningfully access their special education services or make progress in a regular classroom. Separate schools and homebound are two of the most restrictive settings possible and should only be used when a student cannot reasonably make progress in a traditional school, even with individualized supports.

***RED FLAGS: The following are red flags that a student may not be receiving services in the least restrictive environment:

• The student’s placement was abruptly and meaningfully changed on the continuum (for example, from “regular” to “separate” or “homebound”) without evaluations being conducted or additional interventions tried their current setting.
• The student was placed on homebound or on modified day in response to behavioral incidents only, without any other contributing reasons.
• The student cannot reasonably work on or meet their goals in their setting (for example, a student with a goal related to “peer interactions” cannot reasonably work on or meet that goal if they are on homebound without any access to peers).
• The student has been isolated in a separate or other very restrictive setting for several years without additional evaluations being conducted or less restrictive settings being considered.

1. Write out your concerns and your goals. What makes you believe that your child can and should be served in a less restrictive setting? What setting would you like them to be educated in and what services and supports would assist them there? What harms have they experienced as a result of being kept in separate or restrictive settings? Take some time to reflect on these questions so you know what you’re aiming for with your advocacy.

2. Request an IEP Team meeting. Write to your child’s case manager and/or principal to request that the IEP Team meet to review your child’s IEP, your concerns, and discuss ways to update it. Here is an email that you can use to request an IEP meeting.

***BEFORE THE IEP MEETING***

3. Request updated information and IEP Team meeting document drafts. Request that draft documents and updated information about your student’s performance be provided to you ahead of time so that you have adequate time to prepare and can meaningfully participate in the IEP Team meeting. Here is an email you can use to request documents before an IEP meeting.

a. If they refuse to provide drafts and/or any other information that will be necessary for your ability to effectively advocate in the meeting, request that they explain the refusal and consider asking that the meeting be postponed until they can provide those drafts.

4. Build your team. Advocating for your student can feel isolating and be emotionally exhausting at times. You can build your team by inviting friends, family members, trusted individuals from your student’s school, and/or trusted community partners to join you in school-based meetings. In some situations, you may be able to access trained advocates who can support you free of charge. If you will be bringing someone from the community to your IEP Team with you, we recommend letting the school know ahead of time.

• Talk to any of your child’s providers, such as therapists or doctors, and ask them to either attend the meeting with you or provide you with a letter of any recommendations they have regarding the appropriate setting for your child, and the supports and services that would help your child in school. You can also ask that they provide assessments or other documentation of your child’s disability that would be useful for the IEP Team to understand.
• Check out our Parent Advocacy and Support Resource Guide to identify local advocates who may be able to support you in your advocacy.
• You can also request that specific individuals from the school/district attend. This could include, but isn’t limited to: the school counselor; school or district behavior specialists; or teachers or staff with whom your student feels particularly connected. You cannot require that they attend, but you can request that they participate in some way.

5. Identify what requests you want to make. As you prepare for the IEP Team meeting, be thinking about whether there are specific requests you want to make of the IEP Team. Note: You do not have to go in ready to make specific requests. You can call a meeting to discuss specific concerns you have and then ask the IEP Team to provide you with recommendations of how to address your concerns. However, should you decide to make specific request, below is a non-exhaustive list of things that could be included in a request:

• My child should be in a less restrictive setting [name the setting if known].
• If your child’s IEP should be updated to better meet their needs in a less restrictive setting, you can ask for any/all of the following:
  • My child needs new or updated special education services (i.e. they need a special education teacher to work with them more directly) to address their needs in the following areas: [choose all that apply: reading, math, writing, organizational skills, behavioral/emotional skills]
  • My child needs new or updated related services to address their disability-related needs. Specifically, they need [choose all that apply: occupational therapy, physical therapy, speech-language therapy, special transportation, social work services, counseling, nursing services, etc.]
  • My child needs new or updated accommodations to address their disability-related needs. [Check out this resource for a lengthy list of sample accommodations to consider requesting.]
  • My child needs a new or updated behavior intervention plan to support their ongoing behavioral needs.
• If you think that updated evaluation data is needed for your child:
  • My child needs to be reevaluated because I don’t think we have enough information to ensure their disability-related needs have been met and it has been more than a year since their needs were last assessed.
  • My child needs an Independent Educational Evaluation (“IEE”) because I do not agree with the results of the most recent evaluation conducted by the school system. NOTE: Here is an email you can use to request an IEE.

6. Share information or documentation with the IEP Team. If you have specific requests, information from your child’s medical providers, outside assessments or evaluations, or any other documentation or insights that you want to be sure are documented in the IEP Team documents and considered by the team, send that documentation to the school ahead of time (ideally at least 24 hours before the IEP Team meeting). Ask that your input be incorporated into the draft documents and that, as appropriate, it be shared with the rest of the IEP Team members. This communication also provides a helpful opportunity to let the school know who from the community will be attending the meeting with you. You can send this communication to your student’s Exceptional Children (EC) case manager if you know who that person is, or you can send it to the principal.

7. Get your questions answered. If you have questions about the IEP process, what will happen in particular meetings, what your child’s test results mean, etc., take steps to get those questions answered before the meeting.

• Contact your student’s principal or EC case manager/facilitator to ask any questions about the process or what to expect in the meeting.
• Contact ECAC (Exceptional Children’s Assistance Center), an excellent community-based organization that provides free parent education and support. They have a lot of helpful resources on their website. They are also available to answer questions as you navigate the advocacy process, and all parent educators are parents of children with disabilities.
• If evaluations have been recently conducted, ask to speak directly with evaluators to discuss their evaluation reports and any specific questions. Here is an email you can use to request copies of evaluations and a meeting with an evaluator.
• Review our guides related to Special Education (English and Spanish) for more information.

***AT THE IEP MEETING***

8. Make your voice heard at the meeting. At the IEP meeting, be sure that you are being given the chance to ask questions and offer your perspectives. Verify that your input and any disagreement is documented in the Prior Written Notice and/or Meeting Minutes.

• If you feel like you are not being listened to, consider asking that the team pause the meeting and then reconvene with an independent facilitator from DPI.

9. Record the meeting if helpful for your record-keeping. Under North Carolina law, you have the right to make an audio recording of any meeting in which you are an active participant. If it would be helpful for you to have an audio recording of the meeting to be able to refer back to, you can make your own recording. You can request, but cannot require, the school to make a recording for you.

***AFTER THE IEP MEETING***

10. Ensure you have received copies of all documents from the IEP Team Meeting. If you have not already received all documents completed at the IEP Team Meeting, send a message requesting that all completed paperwork be provided. Here is an email you can use to request that documentation.

11. If you have not already done so and you believe it is necessary, request an Independent Educational Evaluation (IEE). If you disagree with an evaluation that your student’s school has conducted and/or they have refused/failed to complete an evaluation that is needed to ensure your student receives a FAPE, you can request an IEE. Here is an email you can use to request an IEE.

12. Contact your EC Director. Share your concerns (in writing is best) and ask that they or someone from their department meet with you to discuss how your child is being treated and the ways in which their IEP is not appropriate and/or is not being implemented. Find your EC Director’s contact information here: Exceptional Children | NC DPI.

13. If your concerns haven’t been addressed after trying these strategies, call the LANC Helpline, particularly if the IEP Team refuses to provide specific services or accommodations that you have requested and/or your student with a disability is being required to remain on homebound (home/hospital), modified day, or other very restrictive setting despite requests for them to be moved to a less restrictive setting

Schools must provide the accommodations, supports, aids, and services necessary to remove a student’s disability-related barriers to the school environment and school curriculum. The federal law that protects this right is called Section 504, and 504 Plans are the tool that schools use to document how they will help a student with a medical or disability-related condition access the school environment and curriculum.

If a school knows or has reason to suspect that a child has a disability that requires special education or related services, they must initiate an evaluation of the student’s disability-related needs. Parents can also initiate the evaluation by submitting a request for an evaluation.

Evaluations for 504 Plans must:

• Be based on information from a variety of sources (e.g. teachers, school staff, parents, physicians, nurses, other professionals, etc.);
• Consider all information related to the suspected disability (e.g. records, assessment data, medical reports, etc.);
• Be conducted by a group of individuals who are knowledgeable about the child, their suspected disability, the evaluations being used, and options for accommodating the student’s needs in school;
• Be carried out via valid and non-discriminatory tests and procedures; and
• Be conducted within a reasonable amount of time. (NOTE: Evaluations for 504 Plans must be conducted within a reasonable amount of time; however, Section 504 does not define “reasonable.” Since the IDEA, which governs other special education plans requires evaluations to be completed within 90 days, we urge you to propose the same timeline to schools conducting 504 Plan evaluations.)

Schools must create 504 Plans for students who have a physical or mental condition that is determined to substantially limit a major life activity. Within the school environment, common activities impacted by a student’s disability include, but aren’t limited to: learning, communicating, focusing, seeing, hearing, or walking.

504 Plans must include the accommodations, related services, and assistive technology they need to ensure they have equal access to the school environment.

Parents of students with disabilities have the right to receive notice of decisions regarding their student’s eligibility for a 504 Plan and the content of their 504 Plan.

Learn more about 504 Plans and what they should include here.

1. Start the referral process. If you think your child might have a disability, contact your principal in writing (email is best) to explain your concerns and ask that they evaluate your child. Here is an email you can use to request your child be evaluated.

2. Request more information. If you don’t already have this information handy, contact your child’s teacher(s) and principal in writing (email is best) to request: copies of report cards, progress reports, classroom assessment results, standardized test results, attendance reports, and any office referrals or behavioral write-ups. Here is an email you can use to request these documents.

3. Build your team. Advocating for your student can feel isolating and be emotionally exhausting at times. You can build your team by inviting friends, family members, trusted individuals from your student’s school, and/or trusted community partners to join you in school-based meetings. In some situations, you may be able to access trained advocates who can support you free of charge. If you will be bringing someone from the community to your 504 Team meeting with you, we recommend letting the school know ahead of time.

• Talk to any of your child’s providers, such as therapists or doctors, and ask them to either attend the meeting with you or provide you with a letter of any recommendations they have for accommodations or related services that would help your child in school. Bring this information to your 504 Team meeting.

• Check out our Parent Advocacy and Support Resource Guide to identify local advocates who may could support you in your advocacy.
• You can also request that specific individuals from the school/district attend. This could include, but isn’t limited to: the school counselor; school or district behavior specialists; or particular teachers or staff with whom your student feels particularly connected. You cannot require that they attend, but you can request that they participate in some way.

4. Get your questions answered. If you have questions about the 504 process, what will happen in particular meetings, what your child’s test results mean, etc., take steps to get those questions answered before the meeting.

• Ask to speak directly with evaluators to discuss their evaluation reports and any specific questions. Here is an email you can use to request copies of evaluations and a meeting with an evaluator.
• Contact your student’s principal or 504 coordinator to ask any questions about the process or what to expect in the meeting.
• Contact ECAC (Exceptional Children’s Assistance Center), an excellent community-based organization that provides free parent education and support. They have a lot of helpful resources on their website. They are also available to answer questions as you navigate the advocacy process, and all parent educators are parents of children with disabilities.
• Review our guides for General Education Interventions, 504 Plans, and Special Education Eligibility for more information.

5. Make your voice heard at the meeting. At the 504 meeting, be sure that you are being given the chance to ask questions and offer your perspectives.

6. Record the meeting if helpful for your record-keeping. Under North Carolina law, you have the right to make an audio recording of any meeting in which you are an active participant. If it would be helpful for you to have an audio recording of the meeting to be able to refer back to, you can make your own recording. You can request, but cannot require, the school to make a recording for you.

7. If your concerns haven’t been addressed after trying these strategies, call the LANC Helpline, particularly if (a) your school refuses to evaluate your student or (b) after the evaluation process, they decide your student is not eligible for a 504 Plan and you disagree with their decision.

Schools must provide the accommodations, supports, aids, and services necessary to remove a student’s disability-related barriers to the school environment and school curriculum.

504 Plans must include the accommodations, related services, and assistive technology they need to ensure they have equal access to the school environment.

Learn more about 504 Plans and what they should include here.

1. Write out your concerns and your goals. What makes you believe that your child needs more support? Can you point to recent assignments, progress reports, report cards, or discipline incidents that back up what you’re seeing? What is your goal for where you want your child to be, and what do you think your school can do to help your child get there? Take some time to reflect on these questions so you know what you’re aiming for with your advocacy.

2. Request a 504 Team meeting. Request a team meeting to discuss additional evaluations and accommodations for your child. Here is an email you can use to request a meeting about your child’s 504 Plan.

3. Request more information. If you don’t already have this information handy, contact your child’s teacher(s) and principal in writing (email is best) to request: copies of report cards, progress reports, classroom assessment results, and any office referrals or behavioral write-ups. Here is an email you can use to request these documents.

4. Build your team. Advocating for your student can feel isolating and be emotionally exhausting at times. You can build your team by inviting friends, family members, trusted individuals from your student’s school, and/or trusted community partners to join you in school-based meetings. In some situations, you may be able to access trained advocates who can support you free of charge. If you will be bringing someone from the community to your 504 Team with you, we recommend letting the school know ahead of time.

• Talk to any of your child’s providers, such as therapists or doctors, and ask them to either attend the meeting with you or provide you with a letter of any recommendations they have for accommodations or related services that would help your child in school. Bring this information to your 504 Team meeting.
• Check out our Parent Advocacy and Support Resource Guide to identify local advocates who may could support you in your advocacy.
• You can also request that specific individuals from the school/district attend. This could include, but isn’t limited to: the school counselor; school or district behavior specialists; or particular teachers or staff with whom your student feels particularly connected. You cannot require that they attend, but you can request that they participate in some way.

5. Get your questions answered. If you have questions about the 504 process, what will happen in particular meetings, what your child’s test results mean, etc., take steps to get those questions answered before the meeting.

• Ask to speak directly with evaluators to discuss their evaluation reports and any specific questions. Here is an email you can use to request a meeting with an evaluator.
• Contact your student’s principal or 504 coordinator to ask any questions about the process or what to expect in the meeting.
• Contact ECAC (Exceptional Children’s Assistance Center), an excellent community-based organization that provides free parent education and support. They have a lot of helpful resources on their website. They are also available to answer questions as you navigate the advocacy process, and all parent educators are parents of children with disabilities.
• Review our guides for General Education Interventions, 504 Plans, and Special Education Eligibility for more information.

7. Make your voice heard at the meeting. At the 504 meeting, be sure that you are being given the chance to ask questions and offer your perspectives.

8. Record the meeting if helpful for your record-keeping. Under North Carolina law, you have the right to make an audio recording of any meeting in which you are an active participant. If it would be helpful for you to have an audio recording of the meeting to be able to refer back to, you can make your own recording. You can request, but cannot require, the school to make a recording for you.

9. If your concerns haven’t been addressed after trying these strategies, call the LANC Helpline if your 504 Team refuses to provide accommodations or services that are necessary for your child to have equal access to the school environment.

Parents/guardians are key members of 504 and IEP Team meetings and schools must provide for their meaningful participation in meetings. This can include, but is not limited to: making sure parents find out about meetings far enough ahead of time so they can attend, providing parents with copies of important information before a meeting so they can review it, making the school psychologist or other experts available to parents to help them understand any test results, and providing translation services during meetings.

If you feel that your child’s IEP or 504 team meetings are not productive because you are not being heard, we encourage you to try any and all of the following:

• Review the information above to determine if the information or tips apply to your situation.
• Ask for documents to be sent to you before meetings so that you can be prepared. Here is an email you can use to request documents before an IEP meeting.
• Ensure you are receiving appropriate translation and interpretation support. If you need translation and/or interpretation services to be able to meaningfully participate in school meetings of any kind, request those supports ahead of time.
• Bring a support person to your next team meeting. You can invite someone to a school-based meeting if they have “knowledge or special expertise” regarding your child. This often includes people like therapists or outside providers, but can also include someone like a friend, family member, or church leader. Sometimes it can feel easier to speak up and participate in a meeting if you have someone there with you.
  • There are several organizations that can sometimes provide someone to go to an IEP or 504 meeting with you to support you, including ECAC (Exceptional Children’s Assistance Center). For an extensive list of organizations that serve your part of the state, check out our Parent Advocacy & Support Guide.
• Contact district or director level staff. Share your concerns (in writing is best) and ask that they or someone from their department meet with you to discuss how your child is being treated and the ways in which their school-based plan is not appropriate and/or is not being implemented. Find your EC Director’s contact information here: Exceptional Children | NC DPI. Identify your district or charter school’s 504 coordinator by reviewing their home website.
• [For students with IEPs] Ask for a facilitated IEP meeting. If you still feel that your voice is not being heard in your child’s IEP meetings, you can request a facilitated IEP meeting. If the school agrees, a third-party facilitator will contact you to understand your concerns prior to the meeting and then will come to the IEP meeting to help guide a productive discussion. You can request a facilitated IEP meeting by completing a few forms on the NC DPI website. You must submit the request at least 10 business days before the meeting. In some cases, NCDPI may be willing to consider requests for facilitated manifestation determination reviews scheduled for less than 10 days from the request.

If these strategies are unsuccessful, call the LANC Helpline, particularly if you continue to feel excluded from your child’s IEP meetings or if your concerns are not being documented in IEP meeting documents.