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Procedures to Resolve Disagreements

In the event that a parent/guardian disagrees with a decision, it is hoped that the concerns may be resolved at the local level. The following procedures should be followed to resolve any disagreements.

STEP I: APPEAL TO THE SCHOOL NEEDS DETERMINATION TEAM AND THE BUILDING PRINCIPAL  

  1. The parent/guardian may request a conference with the Needs Determination Team (NDT) and the principal at the child’s school. This request must be made in writing. The NDT should be given ample opportunity (10 school days) to convene all members together for the conference.
  2. At this conference, the individual student profile, which includes test and assessment scores, observation results, report cards, and in-class work samples, will be examined and discussed. Information used to determine eligibility for AIG identification and/or service delivery options shall be reviewed with the parent/guardian. If needed, the NDT may ask the child’s teacher(s) to provide further documentation concerning student characteristics and achievement.
  3. Minutes will be recorded on the Needs Determination Team Appeals Agenda and Meeting Notes form, and signatures will be obtained from those involved.
  4. The NDT and the principal will send an Appeals Decision Letter to the parent/guardian within 10 school days of the conference.

STEP II: APPEAL TO THE AIG FACILITATOR

  1. The parent/guardian may appeal the decision of the NDT and the building principal within 10 school days of receipt of the Appeals Decision Letter.  The appeal must be made in writing to the AIG facilitator.  The conference shall be scheduled within 10 school days of receipt of the written request. The school AIG specialist and the child’s teacher(s) may be invited to this conference along with the parent/guardian.
  2. The AIG Facilitator shall review the concern. During the conference, they may request further information from the child’s teacher(s), the school AIG specialist, the NDT, or the principal.
  3. Minutes will be recorded on the Needs Determination Team Appeals Agenda and Meeting Notes form and signatures will be obtained from all those present.
  4. The AIG Facilitator will send an Appeals Decision Letter to the parent/guardian within 10 school days of the conference.

STEP III: APPEAL TO THE DIRECTOR OF ELEMENTARY OR SECONDARY EDUCATION AND THE CHIEF ACADEMIC OFFICER

  1. The parent/guardian may appeal the decision of the AIG Facilitator within 10 school days of receipt of the Appeals Decision Letter.  The appeal must be made in writing to the Director of Elementary or Secondary Education and the Chief Academic Officer.  The appeal may be mailed to: Chief Academic Officer, Orange County Schools; 200 East King Street; Hillsborough, NC 27278. The conference shall be scheduled within 10 school days of receipt of this request.
  2. The Director of Elementary or Secondary Education and the Chief Academic Officer will review the concern. During the conference with the parent/guardian, they may request further information from the child’s teacher, the AIG specialist, the parent/guardian, the principal, and/or the AIG Facilitator.
  3. Minutes shall be recorded on the Needs Determination Team Appeals Agenda and Meeting Notes form, and signatures will be obtained from those present.
  4. The Director of Elementary or Secondary Education and Chief Academic Officer will send an Appeals Decision Letter to the parent/guardian within 10 school days of the conference.

STEP IV: APPEAL TO THE SUPERINTENDENT*

  1. The parent/guardian may appeal the decision of the Director of Elementary or Secondary Education and the Chief Academic Officer to the Superintendent within 10 school days of receipt of the Appeals Decision Letter. The appeal must be made in writing.  The appeal may be mailed to: Superintendent; 200 East King Street; Hillsborough, NC 27278. This conference shall be scheduled within 10 school days of the receipt of the request for appeal.
  2. The Superintendent will review the concern. During the conference with the parent/guardian, he/she may request further information from the child’s teacher(s), the school AIG specialist, the parents, the principal, the AIG Facilitator, and/or the Chief Academic Officer.
  3. Minutes shall be recorded on the Needs Determination Team Appeals Agenda and Meeting Notes form and signatures will be obtained from those present.
  4. The Superintendent will send an Appeals Decision Letter to the parent/guardian within 10 school days of the conference.

*At this point, the Superintendent may request mediation in order to resolve the concern. This shall be done by an impartial mediator.

STEP V: APPEAL TO THE LOCAL BOARD OF EDUCATION

  1. The parent/guardian may appeal the decision of the Superintendent to the Local Board of Education within 10 days of receipt of the Appeals Decision Letter. This appeal must be in writing. Please submit appeal to: Orange County Board of Education; 200 East King Street; Hillsborough, NC 27278.  
  2. The concern will be reviewed at the next available Board meeting. The Board may request further information from the child’s teacher(s), the school AIG specialist, AIG Facilitator, the parents, the principal, the Chief Academic Officer, and/or the Superintendent.
  3. During this meeting, minutes will be recorded on the Needs Determination Team Appeals Agenda and Meeting Notes form and signatures obtained of those present.
  4. The Board will send a final Appeals Decision Letter within 30 school days of the Board meeting at which the concern was reviewed. 

STEP VI: STATE LEVEL GRIEVANCE PROCEDURE

Once all efforts have been exhausted within the school system, the parents/guardian may file a petition for a contested case hearing in accordance with Article 3 of Chapter 150B of the General Statutes, the Administrative Procedures Act, of North Carolina.

The issues for review shall be limited to:

- Whether the local system failed to determine eligibility for services within its gifted education program.

- Whether the local plan developed under G.S. 115C-150.7 has been implemented appropriately with regard to the child.

Following the hearing, the administrative law judge shall serve the final decision. The administrative law judge shall give a copy of written findings and the decision to the parties and to the State Superintendent of Public Instruction.