North Carolina’s special education laws place overwhelming burdens on families, particularly those with limited resources, who are trying to advocate for their children with disabilities. These laws stack the system in favor of school districts, making it nearly impossible for parents to hold schools accountable when they fail to meet their obligations under the Individuals with Disabilities Education Act (IDEA).

We are calling for the North Carolina General Assembly to adopt the following reforms, all of which have already been passed in other states:

 1. Burden of Proof on Districts: Require school districts to prove they developed and implemented appropriate IEPs and BIPs, rather than forcing parents to carry the burden in disputes.

 2. Expert Witness Reimbursement: Provide reimbursement of up to $8,000 in expert witness fees for families who prevail in due process hearings.

 3. Parental Consent Required for Major IEP Changes: Make NC a “consent state,” so parents are not forced to file lawsuits just to prevent schools from making changes to their child’s IEP without their approval.

 4. No Proof of Harm Needed for Material Violations: If a school materially fails to implement an IEP or BIP, that alone should constitute a violation—families should not have to prove further harm.

 5. Extend the Statute of Limitations to 2 Years: Give families a realistic window to identify violations and seek due process, consistent with the IDEA’s two-year standard.

These commonsense reforms will help restore fairness, encourage greater accountability, and make it possible for all families—not just the wealthy—to defend their children’s educational rights.

We, the undersigned, call on the North Carolina General Assembly to urgently reform state special education laws to ensure that families and children with disabilities are treated fairly and have meaningful access to due process under the law.

We urge our lawmakers to act now. Our children can’t wait.