Children’s Law Clinic Resources

THREE KEY EDUCATIONAL RIGHTS

THE RIGHT TO A SOUND BASIC EDUCATION
The Constitution of North Carolina guarantees each child the right to a sound basic education. At its most basic, a sound basic education must at least ensure that the student reads, writes and understands science, math, and technology well enough to make sense of life in the 21st century; understands history, civics, geography, and economics well enough to be an informed member of society who can participate in the democratic process; be able to successfully pursue college or vocational education upon graduation; and have enough knowledge and skills to compete for further education or a decent job.

This means public schools have to provide a certain quality of education. If a child is consistently struggling academically, the school has an obligation to try to help that child get up to speed.

THE RIGHT TO DUE PROCESS OF LAW
Because every child has a right to a sound basic education, the North Carolina and United States Constitutions require that schools must give a student an opportunity to be heard and notice of that opportunity before taking that right away. Courts call this the right to due process of law.

When students are suspended or expelled, their right to education is being taken away, so schools must provide them with due process in the form of notice and a hearing. North Carolina’s courts have said that due process requires a hearing before an impartial decision-maker where students can present evidence in their defense, challenge evidence used by the school to justify the suspension or expulsion, and cross-examine witnesses against them.

THE RIGHT TO SPECIAL EDUCATION FOR DISABLED STUDENTS
Federal law guarantees that children with certain disabilities have a right to receive a free, appropriate public education in the least restrictive environment. This means that disabled children have a right to receive free educational services that are appropriate to their needs.

GENERAL TIPS FOR WORKING WITH SCHOOLS

No matter what the setting or how well a child is doing in school, there are certain things parents, guardians, and advocates can do to ensure their children’s rights are protected and to build good relationships with the school administrators and teachers who work with their children.

• Put it in writing. If you make a request (for a meeting or services), do it in writing and keep a copy of the letter for your records. If you have a phone conversation with a teacher or principal, write down notes about what you discussed, and, if possible, send a letter to the school confirming what was discussed.
• Keep good records. Get a binder, file folder, or box and keep all records (report cards, letters from school, student handbooks, evaluations, etc.) in one place. If something happens in fifth grade, it is important to be able to look back and see how what has happened in the past may have affected the situation.
• Take someone with you. Very often there are people in the community who help parents in dealing with the school. Especially if there is a problem that made it necessary for you to meet with teachers or the principal, it is a good idea to bring someone with you to the meeting or hearing (tell the school in advance that you will be bringing the person). At most meetings, there will be several school employees present, so it may help you feel more comfortable to not be alone. Also, there will be someone to witness what happened in case there is a later dispute about what took place at the meeting. Especially if the person is an advocate who knows the school rules, he or she can offer suggestions at the meeting or point out if the school is not doing what it should. Finally, having a third-party often helps keep the meeting focused and productive.
• Visit classes and try to meet your child’s teachers. It helps to see firsthand what your child is experiencing every day. Most schools allow parent visits to the classroom. Teachers generally know better than anyone where your child’s academic strengths and weaknesses lie. Getting to know them can help you understand how your child is doing in school and how your child can do even better.
• Keep up to date on your child’s assignments and progress. Does your child have homework? How is your child doing on tests? If your child is struggling, you may not even know it until the grades come home. If you ask, most teachers will provide you with progress reports or updates on how your child is doing – they appreciate it when parents are involved in their child’s work.

OBTAINING STUDENT RECORDS

One of the most important things a parent or advocate can do to understand how a child is doing in school is to get a copy of the student’s academic records. This is also the first step any parent or advocate should take to determine if the child needs extra help in school or to prepare for a meeting or hearing at school.

In North Carolina, each student’s official record must contain, at a minimum, attendance data, the student’s grades, and information relating to promotion or retention decisions for each grade. The student’s file may contain additional information as well.

The Family Educational Rights and Privacy Act (FERPA) is a federal law governing the maintenance of student records. That statute gives parents the right to inspect a student’s “education records,” which include any information that is related to the student and possessed by the school district. Under FERPA, a child’s parents must be allowed to obtain the student’s education records. A child’s parents can authorize someone else to obtain their child’s records on their behalf.

The next page contains a form letter that can be sent requesting a student’s records. The page after that contains a release form that, if signed by a child’s parent or guardian, authorizes someone other than the parent to request the child’s records.

IF YOU HAVE A COMPLAINT, FILE A GRIEVANCE

State law requires school boards to set up a way for parents and students to formally complain if they believe the school or a school employee has violated a board policy, state or federal law, or a student’s or parent’s rights. See N.C. Gen. Stat.115C-45(c). In response, each school district has created a school board policy that allows parents or students to file a formal grievance.

A formal grievance is a written statement of what the school or school employee did and why the student or parent thinks that action violated board policy, some law, or a student’s rights. Once you file a formal grievance, the principal must investigate and respond in writing. If you are not satisfied with the response, you can file a written appeal to the superintendent and ultimately to the school board. Each school district has its own policy, so the exact procedure may be different in your school district, but that is the general outline.

The grievance policy requires that complaints be made in writing – calling the principal is not enough. Although some principals might do the right thing and investigate if you call, they are not required by law or any policy to respond to verbal complaints. They are required to respond to formal grievances. The added advantage is that putting your complaint in writing documents the incident; the school can’t later say, “We didn’t know about the problem,” if you have a copy of the written grievance you sent in.

If you have a concern or think the school has done something wrong, you should first call the school and try to talk with the principal. Then, if you get no response, get blown off by the principal, or are not satisfied with the response, file a formal grievance.

Attached is a formal grievance form, which you can use. Below are tips on how to use it:

• You should provide specific details about the incident, including as much evidence of wrongdoing as you have (example: if a teacher hit your child and you have pictures showing the bruises, attach copies of the pictures to the grievance).
• You also must include what board policy, laws, or rights you think were violated. If you think someone did something wrong, but aren’t sure what policy or law was violated, look through your district’s school board policies – your instincts are probably right that some policy was violated.
• Make a copy of the completed grievance and keep it for your records. You want to be able to prove that you filed it if the principal does not respond.
• Send the grievance by mail (certified is best, but not necessary) or deliver it in person to the school office.

THE PURPOSE OF THE GUIDEBOOK

Although schools have been given lots of power and control over rules and procedures that affect students, the school system and its teachers, principals, and administrators have not been given enough resources to do all that is expected of them. Given how challenging it is to meet every child’s needs and because they are stretched so thin, even the best-meaning school officials may minimize or gloss over rights or protections students have. Therefore, key educational rights often will not be fully protected unless someone is willing and able to stand up for the child.

A Guidebook to Public Education Rights in North Carolina is intended to be a resource for parents, advocates, and community leaders to better understand educational rights of children in North Carolina and also to help them advocate effectively and confidently for students’ rights.

HOW TO USE THE GUIDEBOOK

We hope this Guidebook will clearly explain rights of public school students and provide practical tips and sample letters and forms in four key areas: school discipline, special education, quality of education, and school enrollment. However, because these areas sometimes overlap, and to make the information more user-friendly, the Guidebook contains three sections based on problems children often encounter:

• Is the school trying to remove your child from school for more than 10 days?
• Is your child struggling in school?
• Are you having problems enrolling your child in school?

Each section is broken down into several Quick Guides, each of which covers a single issue related to the broader question. The Quick Guides explain the specific rights that children have; outline the procedures that exist to advocate for those rights; and contain advice, guidance, and other resources to help advocates effectively argue for the students’ rights. Some sections also included contact information for organizations that may be able to help parents or advocates.

The Guidebook was not written expecting that parents and advocates will memorize the information about educational rights and the procedures and strategies they can use to protect those rights. Instead, the Guidebook is intended as a resource to use when a problem arises.

Parents and advocates can turn to the appropriate section of the Guidebook when they encounter a problem and find the Quick Guides that explain what rights are at stake and what process exists to help the student. Then they can turn to other Quick Guides that provide practical advice, tips, and even sample documents to enable them to navigate the process and advocate effectively.