Initial Evaluation Timeline
Must Act Now. Federal law gives 60 days from consent. NC law gives 90 days from written referral. These are different clocks with different starting points. Schools sometimes use the gap between referral and consent to delay. In NC, the 90-day clock starts the moment written referral is received — regardless of when consent is signed.
- Federal:
- 34 CFR § 300.301(c). Once you sign consent for evaluation, the school has 60 days to complete it under federal law.
- North Carolina:
- NC 1503-2.2. In NC, the clock starts when the school receives a written referral — not when you sign consent. The school must complete evaluation, eligibility, IEP, and placement within 90 calendar days.
Advocacy note: If a school says your evaluation window has not started because you have not signed consent yet, cite NC 1503-2.2 (Initial Evaluations). The NC 90-day clock started when the written referral was received. Request the exact date the referral was received in writing.
Transition Planning Age
Must Act Now. Federal law requires transition planning by age 16. NC law requires it by age 14. Most school districts default to age 16 because their software and staff training is based on federal standards. This costs NC students with disabilities two critical years of vocational and postsecondary planning.
- Federal:
- 34 CFR § 300.320(b). Federal law requires transition planning to begin by age 16.
- North Carolina:
- NC 1503-4.3. NC requires transition planning to begin at age 14 — two years earlier than federal law requires. This means course of study planning, vocational goals, and postsecondary preparation must start in 8th grade in NC.
Advocacy note: If your child is 14 or older and does not have a transition plan in their IEP, the school is out of compliance with NC law even if they are complying with federal law. Cite NC 1503-4.3 (Parent Participation) and request a transition plan be added to the current IEP immediately.
Reading Instruction Method — Three-Cueing Ban
Must Act Now. Federal IDEA has no prohibition on reading methodology. NC law goes significantly further — explicitly banning the three-cueing system and any curriculum using visual memory as the primary word recognition strategy in K-3. A school can be federally compliant while violating NC law on this point.
- Federal:
- No federal equivalent. Federal law does not require or ban any specific reading teaching method.
- North Carolina:
- G.S. § 115C-83.12. NC law explicitly bans three-cueing and visual memory based reading instruction in K-3. Schools using Balanced Literacy, Fountas and Pinnell, or any program where students guess words from pictures or context are violating NC law.
Advocacy note: If a school is using a balanced literacy program or any curriculum where K-3 students are taught to guess words using pictures, context clues, or word shape as the primary strategy, cite G.S. 115C-83.12. The school is violating NC law regardless of whether the program is federally approved.
Dyslexia Screening — Universal vs Reactive
Must Act Now. Federal law is reactive — schools screen for dyslexia only when there is reason to suspect a disability. NC law is proactive — every K-3 student must be screened regardless of whether anyone suspects a disability. A school saying they do not need to screen your child because they show no obvious signs is wrong under NC law.
- Federal:
- 34 CFR § 300.8(c)(10). Federal law only requires schools to evaluate a student for dyslexia if there is reason to suspect a disability. There is no requirement to screen every student.
- North Carolina:
- G.S. § 115C-83.6. NC law requires universal screening of every K-3 student for dyslexia indicators using State Board-approved instruments. Schools cannot wait for a student to fail or for a parent to request evaluation — they must screen every child.
Advocacy note: If a school says they do not need to screen your child for dyslexia because they are not showing obvious signs, cite G.S. 115C-83.6. NC law requires universal screening of every K-3 student. The school cannot wait for failure — they must screen proactively.
Specific Learning Disability Eligibility Model
Important. Federal law gives states flexibility in choosing their SLD eligibility model. NC has adopted a specific Pattern of Strengths and Weaknesses requirement. Schools that conduct only an IQ-achievement discrepancy analysis may be using an insufficient model for NC eligibility determination.
- Federal:
- 34 CFR § 300.307-300.311. Federal law allows states to choose from multiple models for determining if a student has a Specific Learning Disability including dyslexia.
- North Carolina:
- NC Policies 1503-2.5. NC requires a specific Pattern of Strengths and Weaknesses approach for SLD eligibility. A simple IQ test and achievement score comparison is not enough in NC even though some other states allow it.
Advocacy note: If an evaluation report relies primarily on an IQ-achievement discrepancy to determine your child does not qualify as SLD, ask the team to explain how the evaluation addressed the NC Pattern of Strengths and Weaknesses requirement under NC Policies 1503-2.5.
Individual Reading Plan for Struggling Readers
Important. Federal law does not require any specific intervention plan for struggling readers who have not been identified as having a disability. NC law requires an Individual Reading Plan for every K-3 student showing reading difficulty — this is a significant additional protection that exists only under NC law.
- Federal:
- No federal equivalent. Federal law has no requirement to create an Individual Reading Plan for a struggling reader who does not yet have an IEP.
- North Carolina:
- G.S. § 115C-83.6B. NC law requires schools to create an Individual Reading Plan for any K-3 student showing reading difficulty — even before they are identified as having a disability. This is a protection that does not exist under federal law.
Advocacy note: If your K-3 child is struggling with reading and the school has not created an Individual Reading Plan, cite G.S. 115C-83.6B. This requirement exists under NC law regardless of whether your child has been identified as having a disability.
Middle and High School Dyslexia Screening
Watch and Document. There is currently a gap in NC law — universal screening only covers K-3. Students who reach middle or high school without identification have no universal screening protection under current NC or federal law. HB 947 proposes to fix this but has not been enacted.
- Federal:
- No federal equivalent. Federal law has no requirement to screen middle or high school students for dyslexia.
- North Carolina:
- HB 947 (2025) — proposed G.S. § 115C-150.22. NC is proposing to extend universal dyslexia screening to 6th and 9th grade but this is not yet law. HB 947 is still in committee as of May 2026.
Advocacy note: If your middle or high school student has never been screened for dyslexia, there is currently no statutory right to universal screening at that age in NC or under federal law. You can still request an evaluation under IDEA Child Find provisions. DDNC is actively advocating for HB 947 to close this gap.