Dispute Resolution

Any person who has a concern about the education of a student with a disability can raise the issue in one of several ways. For example, it is always appropriate to discuss the matter with the student's teacher or principal at the local school, or it is also helpful to contact the Director of Exceptional Children Program in the central office of the school system, charter school, or state operated program.

The Office of Exceptional Children consultants for dispute resolution and consultants for instructional support and related services are also able to offer consultation to assist parents, advocates, or school system, charter school, or state operated programs personnel who request help with problem-solving.

Consultants at the Department of Public Instruction are neutral and refrain from taking sides when there is a disagreement, but consistently advocate for appropriate services for children with disabilities. They are committed to the protection of rights for children with disabilities and their parents.

An informal means of problem solving is provided through the Office of Exceptional Children Facilitated IEP Program for school systems, charter schools, state operated programs, and parents.

Formal means for dispute resolution are also available through the Department of Public Instruction, Office of Exceptional Children. These options are requirements of federal and state laws governing special education - Individuals with Disabilities Education Improvement Act (IDEA), and Policies Governing Services for Children with Disabilities.

When there is an unresolved disagreement over identification, evaluation or educational placement of a child with a disability or the provision of free appropriate public education, the options for dispute resolution are mediation, formal written complaint, and due process hearing. A formal complaint filed on the same issue(s) as contained in a petition for a due process hearing will not be investigated. These options are also available to the adult student who has reached the age of majority (18), unless legally deemed incompetent or unable to make educational decisions.

Dispute Resolution End-of-Year Reports can be found on the Data and State Performance Plans page of our website under Additional Reports: Dispute Resolution End-of-Year Reports.

Quick Guide to Special Education Dispute Resolution Processes for Parents/Guardians

Tab/Accordion Items

The consultants for dispute resolution work with parents, traditional local educational agencies, charter schools, state operated programs and other individuals to resolve disputes. They provide information about facilitated IEP meetings, mediation, formal written complaints and due process hearings. They also investigate formal written complaints.

Dispute Resolution Brochure

Area	Consultant	Phone
Section Chief	Sara Self-Maddox	984.236.2208
Parent Liaison	Johanna Lynch	984.236.2573
Facilitation Mediation Due Process State Complaints - Corrective Actionon Chief	Teresa King	984.236.2573
State Complaint Investigator	Deborah Throm	984.236.2572
State Complaint Investigator	Polly Lilly	984.236.2567
State Complaint Investigator	LaKisha Walden	984.236.2578
State Complaint Investigator	David Bouldin	984.236.2236

Facilitation

If requesting a facilitated IEP Team meeting, please email requests to Facilitation@dpi.nc.gov. Staff will monitor this email address during the Governor's State of Emergency.

General Information

For Parents

If requesting FIEP, please submit the following signed documents: (1) a FIEP request form; (2) a FERPA form for Parent; and (3) FIEP Agreement Form (Parent) for the approval process. If only agreeing to FIEP, sign and return (1) FERPA form and (2) FIEP Agreement Form.

For PSUs

If requesting FIEP, please submit the following signed documents: (1) a FIEP request form; (2) a FERPA form for LEA; and (3) FIEP Agreement Form (LEA) for the approval process. If only agreeing to FIEP, sign and return the (1) FERPA form and (2) FIEP Agreement Form.

Mediation Requests

Requests for mediation should be emailed to mediation@dpi.nc.gov.

Mediation Questions & Answers - revised July 2007
Mediation Request Form - revised January 19, 2023(Mediation Request Spanish)
Agreement to Mediate Form - revised July 1, 2015 (Agreement to Mediate Spanish form )
Mediation Feedback from Parties Form - revised July 1, 2015
Mediation Results Form B - revised June 3, 2021 (Mediation Results Form B Spanish )

The formal special education state complaint process addresses alleged violations of federal and state laws specific to students with disabilities.

Understanding a Formal State Complaint - For Parents

What IS a State Complaint?

A Formal State Complaint is a written way to report that your child’s school violated special education laws under the Individuals with Disabilities Education Act (IDEA). You can use this process if you believe your child’s rights or services in their IEP were not followed.

Who can file? Any person or organization.
What can it be about? Things like:
- IEP not followed
- Not providing required services
- Not identifying or evaluating a child for special education in a timely way
How far back can it go? Up to 1 calendar year from the date the written complaint is received.

What It is Not For

A State Complaint does not:

Replace a due process hearing
Solve personal disagreements with school staff
Handle things outside of IDEA, like:
- Promotion/retention
- Staff Conduct

What You Must Include in Your Complaint

Your written Complaint must have:

For All Complaints:

A clear statement of how the school violated the IDEA (not just opinions)
The facts (who, did what, when, where)
Your name, contact info, and signature
A copy sent to the Superintendent/Head of Charter

If the complaint is about your child:

Your child's full name, address, and school
A proposed solution

You can use the form provided by the state, but it is not required as long as you include all the necessary information.

What Happens After You File

The state will email you a letter to let you know if they are investigating, and if so, when you will get the findings
You may try mediation or other early resolution options
If the school violated IDEA, they may have to fix it through a Corrective Action Plan

How to File

Email your signed complaint to: state_ec_complaints@dpi.nc.gov

Other Allegations

For allegations that do not pertain to federal or state laws specific to students with disabilities, you may seek assistance from the following agencies:

Areas of school-level authority, such as personnel matter, grading policies, retention, general education policies:
- School Administration
- School Board Policies for student/parent grievances
Allegations related to Section 504, bullying, retaliation, or discrimination:
- Office of Civil Rights

Dispute Resolution