NC Education Code · NC Policy Manual

NC 1504-1.9 Due Process Hearing

Plain English summary

This regulation establishes the procedures for filing a petition for a due process hearing in North Carolina, including where to file, required content of the petition, and timelines for responses by all parties. It sets out strict requirements for petition sufficiency review, amendment procedures, and mandatory responses from LEAs and other parties within specified timeframes. The regulation governs the initiation of the formal dispute resolution process for students with disabilities under NC special education law.

Key requirements

  • A petition for a due process hearing must be filed with the other party and the Office of Administrative Hearings.
  • Parents filing a petition for a due process hearing must also file with the Superintendent or the Director of Special Education (Exceptional Children Director) of the LEA or public agency.
  • The due process hearing timelines begin upon the other party's receipt of the petition.
  • The petition for a due process hearing must remain confidential.
  • The party filing a petition for a due process hearing must simultaneously send a copy of the request for a due process hearing to the Consultant for Dispute Resolution at the North Carolina Department of Public Instruction, Exceptional Children Division.
  • The petition must include the name of the child, the address of the residence of the child, the name of the school the child is attending, a description of the nature of the problem of the child relating to the proposed or refused initiation or change including facts relating to the problem, and a proposed resolution of the problem to the extent known and available to the party at the time.
  • A party may not have a due process hearing until the party, or the attorney representing the party, files a petition for a due process hearing that meets the requirements of paragraph (b) of this section.
  • The petition for a due process hearing must be deemed sufficient unless the party receiving the petition notifies the hearing officer and the other party in writing, within 15 days of receipt of the petition, that the receiving party believes the petition does not meet the requirements in paragraph (b) of this section.
  • Within five days of receipt of notification under paragraph (d)(1) of this section, the hearing officer must make a determination on the face of the petition of whether the petition meets the content requirements of paragraph (b) of this section and must immediately notify the parties in writing of that determination.
  • A party may amend its petition only if the other party consents in writing to the amendment and is given the opportunity to resolve the due process hearing issues through a meeting held pursuant to NC 1504-1.11, or the hearing officer grants permission not later than five days before the due process hearing begins.
  • If a party files an amended petition, the timelines for the resolution meeting in NC 1504-1.11(a) and the time period to resolve in NC 1504-1.11(b) begin again with the filing of the amended petition.
  • If the LEA has not sent a prior written notice under NC 1504-1.4 to the parent regarding the subject matter contained in the parent's petition, the LEA must, within 10 days of receiving the petition, send to the parent a response that includes an explanation of why the LEA proposed or refused to take the action raised in the petition, a description of other options that the IEP Team considered and the reasons why those options were rejected, a description of each evaluation procedure, assessment, record, or report the LEA used as the basis for the proposed or refused action, and a description of the other factors that are relevant to the LEA's proposed or refused action.
  • Except as provided in paragraph (e) of this section, the party receiving a petition for a due process hearing must, within 10 days of receiving the petition, send to the other party a response that specifically addresses the issues raised in the petition.

Affected parties

  • parents of students with disabilities
  • local education agencies (LEAs)
  • public agencies
  • students with disabilities including homeless children and youth
  • hearing officers
  • attorneys representing parties
  • Office of Administrative Hearings
  • NC Department of Public Instruction Exceptional Children Division
  • IEP Teams

Official source

https://www.dpi.nc.gov/documents/publications/catalog/ec144-policies-governing-services/open#page=87