NC Education Code · Regulation
Title 16 — root / Chapter 06 — 16 NCAC 06G .0701
Plain English summary
This rule establishes the procedures for parents to request and participate in parental concern hearings before the State Board of Education (SBE) regarding the procedures or practices of a Public School Unit (PSU) related to parental notice and information requirements under Chapter 115C, Article 7B, Part 4. Parents must first notify the school principal of their concern at least 30 days before filing with the SBE, submit detailed written documentation, and then participate in a structured hearing overseen by an appointed hearing officer. The SBE issues a final decision after reviewing the hearing officer's recommendation, and the PSU bears the cost of the hearing officer's services at $200 per hour.
Key requirements
- A parent shall submit a written request to the SBE, with a copy to the local superintendent, including the specific procedures or practices of the PSU about which the parent is concerned.
- The parent shall include documented evidence that the parent has notified the principal of the school at which the parent's child is enrolled about these concerns at least 30 days prior to requesting a hearing before the SBE.
- The parent shall include copies of all written correspondence and summaries of all verbal correspondence with PSU personnel, including date, times, and parties involved.
- The parent shall include a description of the relevant facts, an explanation of why concerns have not been resolved, and a proposed resolution.
- Any party intending to be represented by legal counsel shall notify the hearing officer at least three business days before the hearing.
- The hearing officer shall provide the parties with notice of the time and place for the hearing at least five business days in advance.
- Each party shall provide any documentation or written statements to the hearing officer and the other party at least three business days before the hearing.
- Each party shall have up to 30 minutes to present the party's case to and answer questions from the hearing officer.
- The North Carolina Rules of Evidence shall not apply to the hearing, and the hearing officer may consider any information that is relevant to the proceedings.
- The hearing officer shall arrange for audio and video recording of the hearing.
- Within 30 days of appointment, the hearing officer shall provide a recommendation to the SBE that includes findings of fact, conclusions of law, and a proposed resolution.
- At the next regularly scheduled meeting of the SBE held more than seven days after receipt of the hearing officer's recommendation, the SBE shall vote to either approve, reject, or amend the hearing officer's recommendation.
- The decision of the SBE shall be final.
- The hearing officer shall provide an invoice to the PSU for the cost of the hearing officer's services, at a rate of two hundred dollars ($200.00) per hour, within 45 days of submitting the hearing officer's recommendation to the SBE.
- The PSU shall pay the hearing officer within 60 days of receipt of the invoice.
Affected parties
- Parents of public school students
- Public School Units (PSUs)
- Local superintendents
- School principals
- State Board of Education
- Hearing officers