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 Consultants

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

Due Process Resolution Results Form - last revised February 2023 (Spanish form link here)

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 (Spanish form link here)

Court Reporter/Transcriptionist Requests

2023

23 ECD 00852 Guilford

2022

2022 EDC 00083 Wake

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

2019 EDC 06873 Charlotte-Mecklenburg

2019 EDC 06677 Charlotte-Mecklenburg

2019 EDC 06677 Charlotte-Mecklenburg Appeal

2019 EDC 03501 Dare

2019 EDC 02149 Chapel Hill-Carrboro

2019 EDC 02149 Chapel Hill-Carrboro Appeal

2019 EDC 02111 Wake

2018

2018 EDC 07450 Wake

2018 EDC 07450 Wake Appeal Decision

2018 EDC 06837 Winston Salem-Forsyth

2018 EDC 05536 Cornerstone Charter Academy

2018 EDC 05536 Cornerstone Charter Academy Appeal Decision

2018 EDC 05306 Charlotte-Mecklenburg

2018 EDC 05306 Charlotte-Mecklenburg Appeal Decision

2018 EDC 05304 Charlotte-Mecklenburg

2018 EDC 05304 Charlotte-Mecklenburg Appeal Decision

2018 EDC 04980 Durham-NCSBOE

2018 EDC 04980 Durham-NCSBOE Appeal Decision

2018 EDC 03723 Craven

2018 EDC 03561 Wake

2018 EDC 03019 Charlotte-Mecklenburg

2018 EDC 03019 Charlotte-Mecklenburg Appeal Decision

2018 EDC 02477 & 2018 EDC 02639 Lee

2018 EDC 00359 Charlotte-Mecklenburg

2018 EDC 00359 Charlotte-Mecklenburg Appeal Decision

2017

2017 EDC 08781 Wake

2017 EDC 08781 Wake Appeal Decision

2017 EDC 06571 Charlotte-Mecklenburg

2017 EDC 03684 Lee

2017 EDC 03684 Lee Appeal Decision

2016

2016 EDC 05089 Wilson

2016 EDC 03852 Wake

2016 EDC 03825 Wake

2016 EDC 01552 Craven

2016 EDC 00625 2016 EDC 04763 Wake

2015

2015 EDC 08808 Wake

2015 EDC 08808 Wake Appeal Decision

2015 EDC 05966 Durham

2015 EDC 05964 New Hanover

2015 EDC 00360 CMS

2015 EDC 00360 CMS Appeal Decision

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

• Roles and Responsibilities
• Qué es la Facilitación del Programa de Educación Individualizada (IEP)

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 (Spanish form link here)
• Parent FIEP (FERPA) (Spanish form link here)
• FIEP Agreement for Parent (Spanish form link here)

For LEAs

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 (Spanish form link here)
• FIEP Agreement for LEA (Spanish form link here)
• LEA (FERPA) (Spanish form link here)
• Facilitation Feedback Form revised July 1, 2013
• Results and Reflection from the Facilitated IEP Meeting revised July 1, 2015 (Spanish form link here)

Mediation

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

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

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:

  • Office of Civil Rights

Formal State Complaint Procedures last revised July 1, 2021 (Spanish version link here)

Model Form for Filing a Complaint, revised April 3, 2023

• English
• Spanish

Complaint Withdrawal Form

State Complaint Problem-Solving Agreement

If filing a formal complaint, please email to state_ec_complaints@dpi.nc.gov.

State Advisory Council

Purpose

The Council on Educational Services for Exceptional Children (Council) is established as an Advisory Council to the State Board of Education. Its establishment is set forth in the Individuals with Disabilities Education Improvement Act (IDEA) federal regulations in §§ 300.167-300.169 and the North Carolina General Statutes in §115C-121.

The Council advises the State Board of Education with respect to the unmet needs of children with special needs and in the development and implementation of policies related to the coordination of services for students with disabilities. The Council also advises the State Board of Education with respect to developing evaluations, reporting on data, and developing corrective action plans to address findings in federal monitoring reports.

Duties

• Advise the State Board of Education with respect to unmet needs within the State in the education of children with disabilities;
• Comment publicly on rules and policies proposed by the State Board of Education regarding the education of children with disabilities;
• Advise the State Board of Education in developing evaluations and reporting on data to the Secretary of Education;
• Advise the State Board or Education in developing corrective action plans to address findings identified in Federal monitoring reports;
• Advise the State Board of Education in developing and implementing policies relating to the coordination of services for children with disabilities;
• Carry out any other responsibility as designated by federal law or the State Board of Education.

Membership

The Council shall consist of a minimum of 24 members.  Currently, the Council consists of 25 members - 20 appointees and 5 ex-officio.   Members are appointed by the Governor, President Pro Tem of the Senate, Speaker of the House, and the State Board of Education. Appointees represent individuals with disabilities from the ranks of parents, teachers, higher education, public and private schools, business/vocational community, and charter schools.   A majority of representatives shall be persons with disabilities or parents of children with disabilities

Terms of Service

• State Board of Education appointees serve 4 years
• All other appointees serve 2 years
• Council members serve without pay
• Council members receive travel allowances
• Council members serve not more than two consecutive four-year terms

Bylaws

Updated 2016

Information

Council Members updated 08/01/2022

The Council on Educational Services for Exceptional Children (CESEC)

Vision Statement

As a diverse representation of stakeholders, the CESEC informs and advises the State Board of Education (SBE) on policies and matters relating to improving the educational outcomes for students with disabilities in NC.

Public Comment Procedure

Public comments are an essential and necessary part of CESEC fulfilling its role to advise the State Board of Education with respect to the unmet needs of children with special needs in the state of North Carolina. Stakeholders are encouraged to submit written comments at any time or attend the CESEC’s quarterly meetings and register for public comment. Thirty minutes will be reserved on the CESEC agenda for public input at each meeting. Additional time may be added at the discretion of the Chairperson.

General guidelines for public input:

• Public comment may be made verbally (in person) or in written form including email to CESEC. Priority will be given to in person comments. Written comments will be read by the Chairperson in the order they are received. All written comments will be documented.
• Public comment is limited to no more than five minutes per person in the first thirty minutes of the afternoon session. Sign-in must occur by 12:30 pm.
• Written comments should be sent to CESEC@dpi.nc.gov or Danyelle Sanders, EC Division, 6356 Mail Service Center, Raleigh, NC 27699-6356 by 4pm, 10 business days prior to the regularly scheduled CESEC meeting. See the Upcoming Meetings link below. 
• Comments should be focused on relevant topics to the mission of CESEC. No solicitation is allowed. The public comment opportunity is not a forum for vendors to market goods or services. It is for individuals to share concerns and successes that could help shape future direction in the accomplishment of the Council’s mission which is stated below:

The CESEC is established as an Advisory Council to the State Board of Education. Its establishment is set forth in the Individuals with Disabilities Education Improvement Act (IDEA) federal regulations in §§ 300.167-300.169 and the North Carolina General Statutes in §115C-121. The mission of CESEC is to advise the State Board of Education with respect to the unmet needs of children with special needs and in development and implementation of policies related to the coordination of services for disabled students; advise the SBE with respect to development of evaluations and reporting on data, and developing corrective action plans to address findings in federal monitoring comments.

• All public comments will be taken under advisement by CESEC but will not receive verbal or written response.
• Public comments will be summarized in the minutes of the meeting.
• The Council will review public comments and decide on appropriate action, if any, according to the Council’s mission.

Making Public Comment in Person:

• A sign-in sheet will be available at the registration table. All those wishing to speak must sign-in. The Chairperson will call on individuals based on the order of sign-in.
• When called upon please state your name, county of residence and subject matter.
• Comments should be factual, objective and related to the mission of CESEC.
• Maintain confidentiality and privacy standards: Do not mention the personal names of students or school staff.
• Members of CESEC shall not interrupt the speaker during the allotted five minutes of time. The Chairperson may interrupt the speaker if there is a concern that public comment procedure and/or privacy or other laws are being violated.

Submitting Written Public Comment

• Any individual may submit a written comment via written letter or email to be signed in and read by the Chairperson and/or distributed at the quarterly CESEC meeting during the public comment period. Written comments may be up to 600 words.
• All written comments must be received by at CESEC@dpi.nc.gov or Danyelle Sanders, Exceptional Children Division, 6356 Mail Service Center, Raleigh, NC 27699-6356 by 4 pm, 10 business days prior to the quarterly CESEC meeting. Any comments submitted after that time will be read and/or distributed at a later date.
• Written comment must include the name, address, email address if available, and county of residence of the individual submitting the comment.
• Written comments should be factual, objective and related to the mission of the CESEC.
• Written comments must maintain confidentiality and privacy standards.

If special assistance is needed to participate in the public comment period, every effort will be made to provide the appropriate accommodation. When requesting accommodations for public comment, please allow no less than 10 business days’ notice prior to the scheduled meeting. Contact the CESEC at CESEC@dpi.nc.gov or Danyelle Sanders, Office of Exceptional Children, 6356 Mail Service Center, Raleigh, NC 27699-6356 or (984) 236-2574

Upcoming Meetings

Council meetings are held four times a year and are open to the public.

*Please note that meetings will only be held virtually until further notice due to changes within the Education Building.

Location:
State Board of Education Room, 7^th Floor
Department of Public Instruction
301 North Wilmington Street
Raleigh, NC 

Time:
9:30 am - 4:00 pm

Upcoming meetings 2022

Meeting Link: https://ncgov.webex.com/ncgov/j.php?MTID=m581c59c01e6b286da4e575a4e80ea298

Meeting Number: 2420 569 9662

Password: Council (C must be capitalized)

Join by Phone: 415-655-0003 US Toll

                         904-900-2303 US Toll (Jacksonville)

Meeting Dates:

December 14, 2022 - Agenda

March 8, 2023 - Agenda

June 14, 2023

September 13, 2023

December 13, 2023

Annual Reports

• 2021-2022 Annual Report
• 2020-2021 Annual Report
• 2019-2020 Annual Report 
• 2018-2019 Annual Report

Meeting Archive

2022

• March 9, 2022
  • Summary of Actions
• June 9, 2022
  • Summary of Actions
• September 14, 2022
  • Summary of Actions

2021

• March 10, 2021
  • Summary of Actions
  • Meeting Transcript
• June 9, 2021
  • Summary of Actions
  • Meeting Transcript
• September 8, 2021
  • Summary of Actions
  • Meeting Transcript
• December 8, 2021
  • Summary of Actions
  • Meeting Transcript

2020

• March 11, 2020
  • Summary of Actions
  • Meeting Transcription
• June 10, 2020
  • Summary of Actions
  • Meeting Transcription
• September 9, 2020
  • Summary of Actions
  • Meeting Transcription
• December 9, 2020
  • Summary of Actions
  • Meeting Transcription

2019

• March 13, 2019
  • Summary of Actions
  • Meeting Transcription
• June 12, 2019
  • Summary of Actions
  • Meeting Transcription
• September 11, 2019
  • Summary of Actions
  • Meeting Transcription
• December 11, 2019
  • Meeting Transcription