1. I lost my child's IEP, how can I get another copy? [get answer]
2. I am not sure what information the school has about my child, how can I reviewthis information? [get answer]
3. If a child with a disability attends several general educational classes, must all of the child's general education teachers be members of the child's IEP team? [get answer]
4. May IEP meetings be audio or video tap recorded? [get answer]
5. I suspect my child may have a learning disability and could be recommended for special education.  What should I do now? [get answer]
6. When I attend school meetings I often feel like I am not listened to, and I often do not hear what others say because I am intent on getting the best services for my child. What can I do? [get answer]
7. I have met with my daughter's IEP tem several times and we just cannot agree on her placement. Is there someone who can help us resolve this dispute? [get answer]
8. My child is a special education student. The school just suspended him. Isn't that illegal? [get answer]

1.  Your child's school keeps a copy of the IEP on file and can provide you with a copy of the IEP at no cost. Simply request a copy from your child's teacher or another IEP team member. A parent must be given a copy of the IEP at no cost. The IEP should be provided at the conclusion of the meeting (Reference Public Schools of North Carolina, Questions & Answers Related to Policy Issues about Students with Disabilities.

- It is helpful to keep records organized and handy - using an accordion folder, binder or even a box can assist in keeping records together. There are so many records it can become overwhelming - try keeping records sorted by school year. (Reference: IDEA Federal Register Rules and Regulations S 300.345 (f) - Parent Participation)

2.  You have a right to inspect and review any educational records relating to your child that are collected, maintained, or used by the agency. Once you make the request, the school has up to 45 days to allow you access to the records. Typically, schools respond in a timely manner and will provide you with an area to view the files. The school can provide copies of records and you may be charged a nominal fee for those copies.

- We suggest that you make a request to the school in writing to review your child's educational records on an annual basis or sooner if necessary.  Also note that there are separate locations for some records like the IEP will be in one place and report cards and attendance in other places, remember to ask for and look at all of the records.  (Reference: IDEA Federal Register Rules and Regulations S 300.562 - Access Rights)

3.  No, the IEP team does not need to include more than one general education teacher of the child. If the participation of more than one general education teacher would be beneficial to the child's success in school, it would be appropriate for them to attend the meeting as well.  Parents can ask for other teachers or persons to attend your child’s IEP meeting.

- Parents who would like other teachers to attend the meeting can certainly invite them. Teachers who are unable to attend the meeting may offer their input in writing or outside of the IEP meeting.  With IDEA 2004, IEP team members, even general education teachers can be excused from IEP meeting, but only with the informed written consent of the parents. 

4.  Part B of the Individuals with Disabilities Education Act (IDEA - Special Education Law) does not address the use of audio or video recordings at IEP meetings. No other federal statute authorizes or prohibits the recording of an IEP meeting by either a parent or a school official. The North Carolina Department of Public Instruction does not have a policy regarding this topic.  Any recording of an IEP meeting that is maintained by the LEA is an education record and is a part of the student’s confidential record.  (Reference Public Schools of North Carolina, Questions & Answers Related to Policy Issues about Students with Disabilities. 

- Check with your school team for written policies about tape recording meetings. If you decide to tape the meeting, it is suggested that you notify the team prior to the meeting.

5.  If you suspect that your child has a disability and feel that he/she may need special education and related services to benefit from his/her free appropriate public education, you have the right to: Request in writing a full, free educational evaluation of your child to determine your child’s eligibility for special education and related services appropriate to meet your child’s unique needs. Either you should receive a written notice of refusal and full explanation of reasons – should the district refuse to evaluate your child, you may challenge, through due process, a school district’s refusal to evaluate your child OR be notified in writing before the school evaluates your child – you must give your informed written consent before the school can evaluate your child.

1. Be part of the group that determines your child’s eligibility and receive a copy of the evaluation report and documentation of the determination of your child’s eligibility
2. Have your child reevaluated at least every three years after your child begins receiving special education services or more frequently if conditions warrant, or if you request it earlier.

– (Reference: IDEA Federal Register Rules and Regulations S300.532 – Evaluation Procedures; Procedures Governing Programs and Services for Children with Disabilities, Public Schools of North Carolina, Section 1503)

6.  When attending meetings, it is important to be clear about your concerns and expectations. Prepare a list prior to attending the meeting, so that you do not forget important information. Define the main issue and then focus your energy on solutions to the problem/concern. Try to stick to the issue(s) at hand; don’t cloud current events with past negative experiences. Let others know if you don’t understand something, feel uncomfortable, or need to take a break.

When others speak, try to listen carefully. Remember that what others say is as important as what you have to say. Whenever possible, take a friend or relative with you for support and to take notes. Ask who will be taking minutes at the meeting and request a copy afterwards. It is important to remember that everyone is working together as a team with a common goal – the education of your child.

7.  Yes, there is. Special education law provides that mediation be offered as an option for handling disputes between schools and parents. Mediation is a voluntary process where a neutral third party tries to facilitate agreement between the two sides. Unlike a due process hearing, it is intended to be non-adversarial. Mediation must be offered whenever a parent requests a due process hearing. Mediation can also be requested whenever a parent disagrees with the school regarding a child’s identification and evaluation for special education services, or when the parent disputes the child’s educational program or placement. Mediation is free to parents.

In North Carolina, the Department of Public Instruction will appoint a certified trained impartial mediator who is knowledgeable in laws and regulations relating to the provision of special education and related services.  An individual who serves as a mediator may not be an employee of any LEA (school district) or state agency that is providing direct services to a child who is the subject of the mediation process and must not have a personal or professional conflict of interest.  Mediation my not be used to deny of delay a parent’s rights to a due process hearing. 

Once a mediation request is made, a mediation session is usually scheduled within two to three weeks. Most sessions last two to four hours, and sometimes more than one session is required but not recommended. Parents may bring individuals of their choosing to the mediation. Discussions occurring during the mediation process will be confidential and cannot be used as evidence in any subsequent due process hearing or court proceeding. The mediator can help clarify issues, explore options, and write a clear agreement between the parties. The mediator does not advocate or recommend a particular solution, or impose his or her own decisions on the parties. If an agreement is reached, it is put in writing and signed by the parties. Sometimes mediation resolves part of a dispute and a partial agreement can be signed. Parents should always follow up with the school to make sure the school is implementing the mediation agreement. If no agreement is reached, the parties will get a report summarizing the unsettled issues.

If mediation does not resolve an entire dispute, or if a parent chooses not to pursue mediation, the parent can still exercise his or her other rights. The parent can file for a due process hearing and can file an administrative complaint with the North Carolina Department of Public Instruction.

– If a parent has questions about how to file these papers, please call our office for individual help. Resources: 34 C.F.R. sec. 300.506 (IDEA Final Regulations); Procedures Governing Programs and Services for Children with Disabilities, Public Schools of North Carolina, Section 1512

8.  Not necessarily. Even children who receive special education services can be suspended under certain circumstances. These are the basic rules:

If a child receiving special education services engages in “suspendable” offenses (such as violations of the student code of conduct), the school can suspend him for as many as 10 school days at a time, provided the suspensions do not constitute a “pattern”. A pattern may be found if the child has been suspended for more than 10 days total and if other factors indicate a pattern (such as the length of each removal, the total amount of time the child is removed, and the proximity of the removals to one another)

Once a child receiving special education services has been suspended for more than 10 school days in a given school year:

1. The school must provide educational services to the child from the 11th day of suspension onward, and
2. The IEP team should meet to review any behavioral intervention plan in place. The meeting should occur not later than 10 business days after the removal. If there is no plan, the team should meet to conduct a “functional behavioral assessment” and then meet again soon after the assessment is complete in order to develop a behavior intervention plan.

If a school suspends a child receiving special education services for more than 10 school days at a time, or engages in a pattern of removals, it is considered a “change of placement”. A change of placement also occurs for any in-school removals of more than 10 days when the removals deprive a child from meeting IEP goals, progressing in the general curriculum, and receiving services and modifications set forth in the IEP. In addition, a change of placement occurs when a child receiving special education services is removed from transportation, if the removal results in the child’s absence from school for more than 10 days.

Once a removal decision is made which constitutes a change in placement, the IEP team must conduct a review of the relationship between the child’s disability and the behavior resulting in removal. This review, called a “manifestation determination review”, must occur not later than 10 school days after the removal decision is made. The importance of this review is that, if the behavior is found not to be a manifestation of the child’s disability, then the school can discipline the child in the same manner as a child in regular education, such as by giving a long-term suspension. (The school would still have to provide special education services to the child, as discussed later).

In determining whether the behavior was a manifestation of the child’s disability, the team needs to consider all relevant information, including evaluations and observations. The team can determine that the behavior was not a manifestation of the child’s disability only when the team decides that (1) the child’s IEP and placement were appropriate and implemented, and that (2) the child’s disability did not impair the child’s ability to understand the consequences of his behavior or to control his behavior. If the team decides that either (1) or (2) is not met, then the team must find that the behavior is a manifestation of the child’s disability and the school cannot unilaterally change the child’s placement. The placement decision would then be made by the IEP team.

Parents who disagree with a change in placement or with the manifestation determination can request an expedited due process hearing. When parents challenge a change in placement by filing for due process or by filing a civil lawsuit, children with disabilities are entitled to stay in their regular placements pending resolution of the case, except for situations involving weapons, drugs, and danger to self/others (discussed below).

Special cases:

• If a child with a disability carries a weapon to school or knowingly possesses illegal drugs at school, special rules apply. The school can unilaterally place the child in an “interim alternative educational setting” for up to 45 days, and can ask a hearing officer for extensions to that time period if the school believes it would be dangerous to return the child to his regular placement. A manifestation determination review should also be conducted. Schools are permitted to report crimes committed by children with disabilities to the same extent as they do for crimes committed by other students.
• If the school believes that maintaining a child’s current placement is substantially likely to result in injury to the child or to others, the school can request that a hearing officer order a change in a child’s placement to an interim alternative educational setting for not more than 45 days. The interim setting must enable the child to receive the services set forth in the IEP. If the school believes that it would be dangerous to return the child after 45 days, the school can ask the hearing officer for additional 45-day extensions.
• A child who has not yet been found eligible for special education services but who faces disciplinary action from the school may assert the above protections if the school is found to have had knowledge that the child had a disability before he engaged in the inappropriate behavior. Prior knowledge may be found if, for example, the child’s parent had expressed concern to the school that the child needs special education services.