Dispute Resolution
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.
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.
Area | Consultant | Phone |
---|---|---|
Facilitation Mediation Due Process State Complaints - Corrective Action | Teresa King | 984.236.2573 |
Section Chief | Leigh Mobley | 984.236.2571 |
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 |
Due Process Hearings
- Due Process Petition for Hearing Form
- Instruction for Form H-06E "Petition for a Contested Case" and "Certificate of Service"
- H06-E-a Manifestation Special Ed B
- Due Process Resolution Meeting Form
- Due Process Resolution Results - last revised February 2023
- (Due Process Resolution Results Spanish form) - last revised February 2023
- Court Reporter/Transcriptionist Requests
2024
2023
- 2023 EDC 03873 Onslow
- 2023 EDC 03002 Union
- 2022 EDC 04279 / 2023 EDC 02289 Wake
- 2023 EDC 00779 Charlotte - Mecklenburg Schools
- 2023 EDC 03289 Wake County
- 2023 EDC 01503 Cabarrus County
- 2023 ECD 00852 Guilford
2022
2021
- 2021 EDC 05429 Wake
- 2021 EDC 03727 Wake
- 2021 EDC 03727 Wake Appeal Decision
- 2021 EDC 2035 Corvian Community Charter
2020
- 2020 EDC 03534 Union
- 2020 EDC 03374 Wake
- 2020 EDC 03373 Union
- 2020 EDC 03332 Franklin
- 2020 EDC 03332 Franklin Appeal Decision
- 2020 EDC 02645 2020 EDC 03551 Wake Final Decision
- 2020 EDC 02346 Guilford
- 2020 EDC 00832 Wake
- 2020 EDC 00832 Wake Appeal Decision
2019
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.
- FIEP Request Form revised January 2023 (FIEP Request Form revised January 2023 Spanish)
- Parent FIEP (FERPA) (Parent FIEP (FERPA) Spanish)
- FIEP Agreement for Parent (FIEP Agreement for Parent Spanish)
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.
- FIEP Request Form revised January 2023 (FIEP Request Form revised January 2023 Spanish)
- FIEP Agreement for LEA (FIEP Agreement for LEA Spanish)
- LEA (FERPA) (LEA (FERPA) Spanish)
- Facilitation Feedback Form revised July 1, 2013
- Results and Reflection from the Facilitated IEP Meeting revised July 1, 2015 (Results and Reflection from the Facilitated IEP Meeting revised July 1, 2015 Spanish)
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.
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:
Formal State Complaint Procedures
Formal State Complaint Procedures - last revised July 1, 2021
Formal State Complaint Procedures Spanish - last revised July 1, 2021
- Model Form for Filing a Complaint, revised April 3, 2023
- If filing a formal complaint, please email to state_ec_complaints@dpi.nc.gov.