The Individuals with Disabilities Education Act (IDEA) is a federal law that governs how public school districts and charter schools provide special education and related services to students with disabilities. 

IDEA imposes a “child find” duty on school districts and charter schools, meaning they must identify, locate, and evaluate all students with disabilities, and determine whether they need special education and related services. Special education and related services are provided through an Individualized Education Program (IEP).

What is an IEP?

An IEP is a document that must include: 

• Student’s strengths, weaknesses, and needs

• Measurable goals for the student to achieve over the course of a year

• Accommodations, modifications, related services, and specially designed instruction necessary to help the student reach their IEP goals; and

• The setting where the services will be provided (i.e., regular education classroom, or special education classroom settings).

To be eligible for an IEP, a student must:

1. Be between the ages of 3 to 21

2. Meet criteria for at least one of the 14 disability eligibility categories listed below. More information about each disability eligibility category and the evaluations required for each category can be found in the North Carolina Policies Governing Services for Children with Disabilities):

• Autism Spectrum Disorder

• Deaf-blindness 

• Deafness

• Developmental Delay (limited to ages 3-7)

• Emotional Disability 

• Hearing Impairment 

• Intellectual Disability 

• Multiple Disabilities 

• Orthopedic Impairment

• Other Health Impairment 

• Specific Learning Disability 

• Speech or Language Impairment 

• Traumatic Brain Injury 

• Visual Impairment

3. Have a disability that: 

• Adversely affects their education performance, and 

• Requires specially designed instructions

If a parent/guardian notices any or some of these issues with their student, they may want to consider requesting an evaluation for an IEP:

• Chronically failing grades or test scores

• Trouble with reading, writing, or doing math

• Repeated behavior concerns in school and/or many suspensions for similar behaviors

• Mental health or social/emotional concerns that are impacting school performance

• Trouble concentrating, paying attention, listening to others, or expressing themselves

• Difficulty with basic life skills

A parent/guardian can request an evaluation for an IEP at any time by submitting a written request to the student’s principal describing the parent/guardian’s concerns and requesting that the student be evaluated for special education. Parents/guardians can find a Sample Letter Requesting an Evaluation in the Duke Law School Children’s Law Clinic, A Parents’ Guide to Special Education in North Carolina. Parents/guardians should be sure to keep a copy of their written request for their records. 

Resources

Winston-Salem/Forsyth County Schools Exceptional Children Resources for Parents and Families

Legal Aid of North Carolina Right to Education Project

Legal Aid of North Carolina Right to Education Project’s Special Education Advocacy Toolkit

Legal Aid of North Carolina Right to Education Project’s Parent Advocacy & Support Guide

Duke Law School Children’s Law Clinic, A Parents’ Guide to Special Education in North Carolina 

Council for Children’s Rights First Wednesdays Webinars

North Carolina Department of Public Instruction Exceptional Children Division 

North Carolina Policies Governing Services for Children with Disabilities

Exceptional Children’s Advocacy Center (ECAC)

U.S. Department of Education Office of Civil Rights-How to File a Discrimination Complaint with the Office of Civil Rights

Disclaimer: The information provided on this website does not constitute legal advice. Instead, all information is provided for general informational purposes only.