NC 1501-6.11 Due Process Petitions and State Complaints

Plain English summary

This regulation governs dispute resolution for parentally-placed private school children with disabilities. Due process procedures generally do not apply to disputes about services for these children, except when the dispute involves child find requirements. Non-child-find complaints must instead be filed through the state complaint process.

Key requirements

• Due process procedures do not apply to disputes that an LEA has failed to meet the requirements for parentally-placed private school children with disabilities, including the provision of services indicated on the child's services plan.
• Due process procedures do apply to disputes that an LEA has failed to meet the requirements of child find requirements in NC 1501-6.2, including the requirements in NC 1503-1 through NC 1503-3.5.
• Complaints that an LEA has failed to meet the requirements of the parentally-placed private school children with disabilities provisions above must be filed under the procedures of the state complaint process.

Affected parties

• parentally-placed private school children with disabilities
• parents of parentally-placed private school children with disabilities
• local education agencies (LEAs)
• private schools

Official source

https://www.dpi.nc.gov/documents/publications/catalog/ec144-policies-governing-services/open#page=34