A GUIDEBOOK TO

PUBLIC EDUCATION RIGHTS

IN NORTH CAROLINA

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

DukeLawSchool’s Children’s Rights Clinic

Exceptional Children’s AssistanceCenter

North Carolina JusticeCenter

UNCCenter 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.

1

THREE KEY EDUCATIONAL RIGHTS


TABLE OF CONTENTS

Three Key Educational Rights

Table of Contents...... ii

General Tips for Working with Schoolsi

Obtaining Student Recordsv

If You Have a Complaint, File a Grievancei

The Purpose of the Guidebook

How to Use the Guidebook

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)......

Quick Guide: Long-Term Suspension and Expulsion Proceedings

Quick Guide: What to Look for at the Due Process Hearing

Quick Guide: School Discipline for Special Education Students

Quick Guide: Preparing for a Manifestation Determination Review (MDR)

Section II

Is your child struggling academically?(State Standards, A Sound Basic Education and

Special Education)......

Quick Guide: End-of-Year Testing and Retention

Quick Guide: Graduation Requirements

Quick Guide: A Sound Basic Education

Quick Guide: The Basics of Special Education

Quick Guide: The Special Education Process

Quick Guide: Preparing for an IEP Meeting

Quick Guide: 504 Plans

Section III

Are you having problems enrolling a child in school?......

Quick Guide: School Enrollment Problems

Resources and Credits

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.

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.

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,

______

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)

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. SeeN.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.

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,

______

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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.

SECTION I

Is the school trying to removea 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 missclass 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,theymust:(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, NC27601.