Due Process Procedures

Hickory Public Schools

DUE PROCESS PROCEDURES

REGARDING ACADEMICALLY/INTELLECTUALLY GIFTED

ELIGIBILITY DETERMINATION

AND

SERVICES DECISION

According to Chapter 115C, Article 9B of the General Statutes of North Carolina, a parent or guardian who disagrees with a school’s AIG team’s decision concerning identification of a student for differentiated services in the school’s AIG Program, or appropriate services for the student has the right to appeal that decision.

Hickory Public Schools continues to seek ways to make our schools quality-learning environments.  A collaborative effort between the home and school is necessary to achieve quality-learning environments.

Hickory Public Schools’ Gifted Education Program goals, objectives and service options should be clearly communicated to parents.  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 Gifted Site-Based Identification Team and Principal

  1. The parent/guardian may request a conference with the Gifted Identification Team and the child’s school principal together.  This request must be in writing. The Gifted Identification Team should be given ample opportunity (10 business days) to convene all members and the principal together for conference.

  2. At this conference, the individual student profile will be examined and discussed.  Information used to determine eligibility for service delivery options shall be reviewed with the parent/guardian.  If needed the child’s teacher may be asked to provide further documentation concerning student characteristics and achievement by the Gifted Identification Team.

  3. At this conference, all information is shared with parent/guardian and minutes are recorded on minute’s forms and signatures are obtained from those involved.

  4. Following the conference, the Gifted Identification Team and principal will respond together to the parent’s concerns in writing within 10 business days of the conference.

STEP II:  Appeal to the Superintendent*

  1.    The parent/guardian may appeal the decision of the School Gifted Identification Team and principal to the superintendent in writing within 10 business days of the decision.  Appeals should be addressed as follows:

Superintendent

                                              Hickory Public School

                                            432 Fourth Avenue, SW

                                                Hickory, NC  28602

      

This conference shall be scheduled within 15 business days of the receipt of the request for appeal.

  1. The superintendent will review the concern. During the conference with the parent/guardian, he/she may request further information from the child’s teacher, the Gifted Identification Team, the parents or the principal.  Minutes are recorded. Signatures are obtained from those present.

  1. The Superintendent shall respond to the concern in writing within 10 business 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 III:  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 business days of the decision from the superintendent.  This appeal must be in writing. Appeals should be addressed as follows:

Hickory Public Schools Board of Education 432 Fourth Avenue, SW

Hickory, NC  28602

2. This request must be made by the Monday prior to the next scheduled board meeting in order to have the appeal placed on the agenda.  The board will review the concern. The board may request further information from the child’s teacher, the Gifted Identification Team, parents, principal and the superintendent.  During this meeting, minutes will be recorded. Signature of those present will be obtained.

  1. The board shall make a final decision in writing within 30 calendar days of the receipt of the written request.

STEP IV:  State-Level Grievance Procedure

After all efforts have been exhausted within the system, the parent/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:

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

2.      Whether the local system implemented and provided those services specified within the differentiated gifted education plan.

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.


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