NC Education Code · NC Policy Manual

NC 1501-10.3 Filing a Complaint

Plain English summary

This regulation establishes the procedural requirements for filing a formal complaint alleging that an LEA has violated Part B of IDEA. Complaints must be signed, written, and include specific information about the alleged violation and, where applicable, the affected child. A one-year filing deadline applies, with a limited exception for continuous violations under extraordinary circumstances such as denial of FAPE.

Key requirements

  • An organization or individual may file a signed written complaint under the procedures described in NC 1501-10.1 through NC 1501-10.2.
  • A signed written complaint may be submitted in person, by mail, by fax or by way of a PDF file attached to an email.
  • Faxed complaints must be followed up with a hard copy with the original signature delivered in person or by mail.
  • The complaint must include a statement that an LEA has violated a requirement of Part B of the IDEA or of this part.
  • The complaint must include the facts on which the statement is based.
  • The complaint must include the signature and contact information for the complainant.
  • If alleging violations with respect to a specific child, the complaint must include the name and address of the residence of the child.
  • If alleging violations with respect to a specific child, the complaint must include the name of the school the child is attending.
  • In the case of a homeless child or youth, available contact information for the child, and the name of the school the child is attending must be included.
  • The complaint must include a description of the nature of the problem of the child, including the facts relating to the problem.
  • The complaint must include a proposed resolution of the problem to the extent known and available to the party at the time the complaint is filed.
  • The complaint must allege a violation that occurred not more than one year prior to the date that the complaint is received in accordance with NC 1501-10.1.
  • The SEA may accept and resolve complaints regarding alleged continuous violations outside the one-year time limit when extraordinary circumstances exist such as the parent not receiving a prior written notice or procedural safeguards and the child is denied a FAPE.
  • The party filing the complaint must forward a copy of the complaint to the Superintendent of the LEA serving the child at the same time the party files the complaint with the SEA.

Affected parties

  • parents and guardians of children with disabilities
  • students with disabilities
  • homeless children and youth
  • local education agencies (LEAs)
  • LEA superintendents
  • state education agency (SEA)
  • organizations filing complaints on behalf of children

Official source

https://www.dpi.nc.gov/documents/publications/catalog/ec144-policies-governing-services/open#page=39