NC Education Code · NC Policy Manual

NC 1505-2.11 Result of Hearing

Plain English summary

This regulation governs the outcome of hearings where parents challenge the accuracy or appropriateness of their child's educational records. If the LEA finds the information inaccurate or violating the child's rights, it must correct the records and notify the parent in writing; if not, the parent retains the right to insert a statement of disagreement into the record. Any such statement must be retained and disclosed alongside the contested record for as long as the record exists.

Key requirements

  • If the LEA decides the information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child, it must amend the information accordingly and so inform the parent in writing.
  • If the LEA decides the information is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child, it must inform the parent of the right to place in the records a statement commenting on the information or setting forth any reasons for disagreeing with the decision of the LEA.
  • Any explanation placed in the records of the child must be maintained by the LEA as part of the records of the child as long as the record or contested portion is maintained by the LEA.
  • If the records of the child or the contested portion are disclosed by the LEA to any party, the explanation must also be disclosed to that party.

Affected parties

  • Local Education Agencies (LEAs)
  • Parents of children with disabilities
  • Children whose educational records are contested
  • Third parties to whom child records are disclosed

Official source

https://www.dpi.nc.gov/documents/publications/catalog/ec144-policies-governing-services/open#page=109