Education Law

We understand and recognize that education is a vitally important and necessary component of a child’s present and future well-being. As such, we are committed to serving parents in Durham and Wake Counties who are experiencing difficulties with their child’s educational experience, and children who are being unfairly or illegally deprived of their educational rights. Below are some of the education issues with which we can assist you and your child:

  • Academic Issues
    • Rights under The Individuals with Disabilities Act (IDEA)
    • Children diagnosed with ADHD, Autism, behavioral or emotional disability, traumatic brain injury, specific learning disability, hearing, visual, speech, or language impairments, etc.
    • Issues relating to Individualized Education Plans (IEPs) and §504 Plans
    • Legal issues relating to academic failure and problems with school-based services (special education/accomodations, therapies, transportation, extended school year services, and “least restrictive environment” issues)
  • Discipline Issues
    • Short and long-term suspensions
    • Expulsions
    • Issues with school safety offices and/or the police relating to incidents at school
    • Bullying

Important Facts about the Individuals with Disabilities Act (IDEA)

What is the IDEA?

The Individuals with Disabilities Act (IDEA) was originally enacted in 1990 and reauthorized by Congress in 1997. It promises a free, appropriate, public education to ALL students, regardless of ability. All public schools are mandated to comply with this law by offering individualized educational services in the least restrictive environment. Despite this mandate, the reality is, although your child is legally entitled to this education, many public schools lack the funding to provide it.

Who qualifies under IDEA?

The IDEA applied to all children between the ages of 3 and 21 who have a qualifying disability and are in need of special education services due to that disability. Qualifying disabilities include:

  • Autism
  • Mental retardation
  • Behavioral or Emotional Disability (Behavioral Emotional Disorder (BED), Oppositional Defiant Disorder (ODD), Conduct Disorder (CD) etc.)
  • Traumatic brain injury
  • Specific learning disability
  • Orthopedic impairment
  • Hearing/Visual/Speech/Language Impairments
  • Other health impairments

If I think my child may have one of these disabilities, to what services will my child be entitled?

At a minimum, your child is entitled to an evaluation for special education services. If, after the evaluation process, your child is determined to be eligible for special education services, she will entitled to an Individual Education Program, which is outlined in an Individualized Education Plan (IEP). Furthermore, your child’s disability status may also have implications on the ways in which he/she may be suspended or expelled from school.

What can be done if my child qualifies for but is denied services, or my child’s services are inappropriately reduced or terminated?

There is an appeals process available to parents/guardians/caregivers of children with disabilities to allow them to appeal decisions made by the school. Once the evaluation process begins, the school has a responsibility to make the parent/guardian/caregiver aware of the appeals process. In addition, the child and/or the child’s parent/guardian/caregiver must also be given notice of any proposed changes to services (such as a cutback or termination of services) in advance of the change taking place so there is time to express disagreement or concerns.

How do I appeal a decision about my child’s special education services?

It is important to note that the appeal process is conducted in stages, and you are only allowed to pursue resolution at a higher stage once the resolution sought at the stage below it fails. BE SURE TO DOCUMENT ALL OF YOUR EFFORTS AT EACH STAGE.

To begin:

  1. Write a letter to the school (copy the principal, the person in charge of special education services, and other members of your child’s IEP team that are relevant to the service being affected)
  2. Notify the school’s superintendent that you desire mediation
  3. Obtain legal advice/counsel to discuss the situation
  4. File a Contested Case Petition

What are my rights as a parent/guardian?

You have several VERY important rights as your child’s parent/guardian; and with these rights come the obligation to be the first line of defense against an unfair and illegal deprivation of your child’s rights to a free and appropriate public education. The following are some of your rights as a parent/guardian:

  • The opportunity to examine and copy all records
  • To have notice of and participate in all meetings
  • To receive a written explanation of procedural rights
  • To be informed of, and to be present, when your child is being questioned by school personnel
  • To receive prior written notice of all changes in services for your child
  • To give or withhold parental consent, when required
  • To have a due process hearing regarding any violation of your child’s educational rights

We understand that your child's education is the cornerstone of his or her future success. For more information about how to protect your child's education and/or ensure that he or she is getting the education that he or she deserves, please contact us at (919) 783-9669 or via our online contact form. Below is some information that we encourage you to share with your kids in order to best protect their rights at school.

Information for Kids

What to do if you get in trouble at school

  1. Ask the principal or other adult to call your mom/dad/caretaker IMMEDIATELY. (We know it will be hard to face your mom or dad after you’ve gotten in trouble. But it is VERY important that they be there for you so they can understand exactly what happened).
  2. BE POLITE. Tell the principal (or other adult) that you would rather not answer any questions until your mom/dad/caretaker gets there.
  3. As soon as you can, sit down and write out everything that happened as best you can remember it. This might be something you can do while you wait for your parents to get to school. If the principal asks to see what you’ve written, tell him/her that you would like to show your parents first. Be sure to write down how you felt while things were happening (for example: "angry", "scared", or "out of control.")
  4. Try very hard to remember everyone who saw or heard what happened. Write down the names of the teachers, coaches, school safety officers, staff (like the cafeteria lady, the bus driver, or the maintenance man), and other students who saw or heard what happened. If you don’t know someone’s name, write down as much about that person as you can remembers such as "an 8th grader with red hair who is on the basketball team" or "the teacher with the funny glasses who teaches 4th graders."
  5. If what happened was a fight or something where you got hurt physically, you can ask to lie down in the nurse’s office until your parents get there. Don’t be afraid to ask to see the nurse if something is hurting you or you are scared.
  6. If you are feeling pressured to talk about what happened and your parents aren’t there yet, ask the principal if another adult that you trust can be there with you. Sometimes this person is a guidance counselor, the Exceptional Children Coordinator, or a Curriculum Assistance (CA) or other special teacher. When that person shows up, tell him/her that you would like to wait for your parents before you speak with anyone else.