North Carolina

Resources

State Protections and Legal Framework

  • State constitutional guarantees regarding the right to education

    • Case law and legislative history defining and interpreting the right to education

    • Wake Cares, Inc. v. Wake County Bd. of Educ., 363 N.C. 165 (N.C. 2009). 

    • “N.C. Gen. Stat. § 115C-1 did not limit the board's authority to assign students to year-round schools. Section 115C-1 did not mandate equal access to a school term of nine consecutive months but referred to the minimum quantum of educational instruction required.”

    • In Leandro v. State, 488 S.E.2d 249 (N.C. 1997), the state supreme court held that every child in the state has a fundamental constitutional right to the “‘opportunity to receive a sound basic education.’”  The Court also ruled that the State, not local districts, bears the obligation to ensure that this right is delivered. The case remains active, with the Supreme Court recently reopening the case as plaintiffs argue that the state continues to fall short in delivering this right for students in low-wealth districts. See: https://www.ncforum.org/leandro/.  

    • The North Carolina legislature recently enacted HB 805 law recognizing only two genders based on biological sex at birth -- male and female.  https://www.ncleg.gov/Sessions/2025/Bills/House/PDF/H805v5.pdf

    State constitutional protections regarding non-discrimination and equity

    Other relevant state constitutional civil rights protections

  • State law equivalents to Title VI, Title IX, Section 504, and the Educational Opportunities Act (EEOA) 

    • North Carolina doesn't have a single, comprehensive state law equivalent to Title VI or Title IX, it does have various state statutes and policies that address discrimination in specific areas.

    Additional state civil rights protections that go beyond federal requirements (e.g., protections for LGBTQ+ students, multilingual learners, undocumented students)

    State law protections regarding color of law or pattern/practice liability for law enforcement in schools

    Anti-discrimination protections under state human rights statutes

    • Same as above, NC has no comprehensive civil rights statutes but various laws such as Protection for Lawful Use of Lawful Products – G.S. § 95-28.2; G.S. § 143-422 North Carolina Equal Employment Practices Act (NCEEPA) prohibits discrimination in employment based on race, color, religion, national origin, age, sex, and handicap

    Private right of action provisions under state civil rights and human rights statutes

    • No private right of action. For example, the NCEEPA does not provide a statutory right to sue for a violation. Instead, the NCEEPA may be used as the basis for a common law wrongful termination claim. 

    Identify whether state anti-discrimination laws also prohibit discrimination caused by disparate impact. If yes, does the state law allow a private right of action for disparate impact claims?

  • Is the right provided by state law conferred on the student, parent/guardian, or both? In other words, who can bring a claim under this law? 

    • For IDEA and Section 504, both students and parents/guardians have standing. Article IX, Section 2 of the North Carolina Constitution guarantees a right to a “general and uniform system of free public schools” offering “equal opportunities” to all, but the statutory language does not create a private right of action.

    Does the specified law or policy provide protections against retaliation? What are the elements of a retaliation claim? Are protections against retaliation clearly spelled out in the law or policy?

    Statute of limitations for filing education-related state civil rights complaints (or state civil rights complaints broadly) or state human rights complaints?

    • For discrimination claims under federal law in North Carolina, the statute of limitations is typically 180 days (or 300 days if cross-filed with the EEOC).

    Are there areas where the state laws provide more protections than federal law? What are those areas?

     None clearly identified at the state level for K–12 students; most protections are federal in scope.

How do I file a complaint about discrimination in a K-12 public school in North Carolina? 

  • Identify the Basis of Discrimination Choose the applicable category for the discrimination your student experienced:

    Race, color, national origin, sex, gender (including gender identity), ancestry, disability → May be covered under 

    Federal Protections: Title VI (race, color, national origin), Title IX (sex), Section 504 / ADA (disability)

    Immigration Status→ The U.S. Supreme Court has long guaranteed that all children have a right to a free public education, regardless of immigration status. Plyler v. Doe (PDF), 457 U.S. 202 (1982).

    Gather Evidence Include:

    Dates, times, and locations of incidents

    Names of individuals involved

    Copies of emails, screenshots, witness statements, or school responses

    Who is eligible to file (students, parents, advocates, others)?

    • Students, parents/guardians, school employees, and any individual or organization aware of discrimination or harassment.

    Are there other administrative processes someone may have to exhaust before initiating a complaint? (i.e., going through school’s, district’s, or other agency’s process first, etc.)

    • Yes, complaints should first go through the local school or district grievance process (Title IX, Title VI, ADA/504). The North Carolina Department of Public Instruction (NCDPI) generally expects local resolution before state-level involvement.

    How to initiate the process (relevant websites, standard forms, submission locations)

    • Local Level: Contact the district Title IX, 504, or Civil Rights Coordinator (contact info must be publicly posted). 

    • There does not appear to be a dedicated office to civil rights in North Carolina’s Department of Public Instruction. There are: Policies Governing Services for Children with Disabilities, https://www.dpi.nc.gov/policies-governing-students-children-disabilities/download?attachment : In compliance with federal law, the NC Department of Public Instruction administers all state-operated educational programs, employment activities and admissions without discrimination because of race, religion, national or ethnic origin, color, age, military service, disability, or gender, except where exemption is appropriate and allowed by law. 

    • Inquiries or complaints regarding discrimination issues should be directed to: 

    • Thomas Tomberlin, Director of Educator Recruitment and Support, NCDPI 

    • 6301 Mail Service Center, Raleigh, NC 27699-6301  /  Phone:  (984) 236-2114  /  Fax: (984) 236-2099 

    NOTE: NC does not have a state level office for Civil Rights, but does designate Mr. Tomberlin as the point of contact for discrimination inquiries regarding NCDPI administered programs, employment and admissions. However, he does not have authority to investigate civil rights violations in the way that OCR did, for example. 

    Can complaints be filed anonymously or confidentially?

    • Informal complaints may be anonymous, but formal complaints requiring investigation typically require identifying information. Confidentiality is maintained.

     Are there language access requirements for complaint processes?

    • Yes, districts must provide translation/interpretation for Limited English Proficient families under Title VI.

    Are there known barriers to accessing enforcement (filing fees, documentation requirements)?

    • Variation across districts in complaint procedures 

    • Limited statewide forms outside special education 

    • Families may be unaware of NCDPI escalation procedures

    Can complainants have advocates or legal representation?

    • Yes, complainants may bring attorneys or advocates at any stage.

    Are complainants entitled to legal representation or other advocates to file or at any point in the process?

    • No, NCDPI does not provide free counsel; advocacy organizations may assist.

  • What are the required elements of the civil rights claim?

    • Description of discriminatory act(s) 

    • Basis for discrimination (race, sex, disability, national origin, religion, sexual orientation, gender identity) 

    • Names of individuals involved 

    • Timeline/dates 

    • Steps taken at the district level 

    • Requested remedy

    Who reviews claims and what timeframes apply?

    • District Title IX/504/Civil Rights Coordinator 

    • NCDPI Office for Civil Rights for escalated complaints

    • Timeframe:

      • District investigations: typically 30–60 days

      • NCDPI investigations: generally 60–90 days, depending on complexity

    What type of investigation may occur?Who participates in investigations?

    • Document review, interviews with complainants and witnesses, review of policies, collection of evidence.

    Are complainants entitled to a hearing of any kind? If yes, what are complainants entitled to during the hearing?

    • Special education complaints (IDEA): due process hearings available 

    • Other civil rights complaints: hearings not guaranteed; administrative review only

    What privacy/confidentiality protections exist?

    • FERPA protects student records; complainant identities kept confidential wherever possible.

    Are school districts required to publicly post civil rights complaint procedures?

    • Yes, districts must post nondiscrimination statements and coordinator contact information on websites and in student handbooks.

  • What is the appeals process, if any?

    • District decisions may be appealed to superintendent or school board 

    • IDEA due process hearing decisions can be appealed to state/federal court

    Are remedies legally enforceable once a violation is found?

    • Yes, corrective action plans, compensatory services, staff training, policy updates, and compliance monitoring.

    Are there other administrative processes that must be exhausted before taking legal action?

    • Yes, especially for IDEA complaints; recommended for other civil rights complaints before filing a lawsuit.

    Do state agencies publish complaint outcome data?

    • NCDPI does not generally publish detailed outcomes

    What enforcement mechanisms exist for non-compliance?

    • District monitoring for compliance 

    • Court enforcement if necessary

State Attorney General Enforcement Actions

  • Has the AG taken civil rights actions involving education in the past 5 years?

    The NC Attorney General has taken some public enforcement actions regarding K–12 education in the past five years. 

    What enforcement powers does the AG possess in education-related cases?

    The AG does not oversee local school districts, nor can it bring Title IV, Title IX complaints on half of individual students as it does not have a mechanism to do so.

    Does the AG accept individual education civil rights complaints, or does the office only take on broad investigations? (if they do individual complaints, would want to answer the below complaint process questions for the AG’s office)

    The AG office does accept individual civil rights complaints concerning education.

  • Does the AG have an office/section dedicated to education or education civil rights issues? (If the AG has sections or offices dedicated to education or children's rights issues, please identify that office when responding to relevant questions above and with respect to the complaint process below.)

    The North Carolina Department of Justice does not maintain a specific education civil rights unit. Most education-related actions are managed by the Department of Public Instruction or federal OCR.

Other State Enforcement Systems

  • Who is eligible to file (students, parents, advocates, others)?

    Parents, students, or guardians can file disability-related complaints under IDEA. (https://www.dpi.nc.gov/districts-schools/classroom-resources/exceptional-children/dispute-resolution#:~:text=If%20filing%20a%20formal%20complaint,@dpi.nc.gov.) 

    Are there other administrative processes someone may have to exhaust before initiating a complaint? (i.e., going through school’s, district’s, or other agency’s process first, etc.)

    No.

    How to initiate the process (relevant websites, standard forms, submission locations)

    A signed, written complaint may be submitted by:

    1. Mailing to: Director of Exceptional Children Division

    North Carolina Department of Public Instruction

    6356 Mail Service Center

    Raleigh, NC 27699-6356

    2. Faxing to: (984) 235-2693

    3. Emailing as a PDF file to: state_ec_complaints@dpi.nc.gov

    Can complaints be filed anonymously or confidentially?

    No Available information. But all complaints must include name, contact info, and signature. A copy also need to be sent to the Superintendent/Head of Charter

    Are there language access requirements for complaint processes?

    No requirements were identified, but , there are links to both an English-language version of a complaint form and a Spanish-language version of the complaint form at https://www.dpi.nc.gov/districts-schools/classroom-resources/exceptional-children/dispute-resolution#FormalSpecialEducationStateComplaints-5985

    Are there known barriers to accessing enforcement (filing fees, documentation requirements)?

    None. However, a copy of the complaint also needs to be sent to the Superintendent/Head of Charter.

    Can complainants have advocates or legal representation?

    Are complainants entitled to legal representation or other advocates to file or at any point in the process?

    None.

  • What are the required elements of the civil rights claim?

    • The complaint must include-

    • A statement that a public agency has violated a requirement of Part B of the IDEA or the Part B regulations;

    • The facts on which the statement is based; and

    • The signature and contact information for the complainant (mailing address, telephone numbers, and email address); and

    • If the complaint alleges a violation with respect to a specific child, the complaint also must include:

    • The name and address of the residence of the child;

    • The name of the school the child is attending;

    • The name of the school and/or LEA the student was attending if different at the time of the violation;

    • In the case of a homeless child or youth, available contact information for the child and the name of the school the child is attending;

    • A description of the nature of the problem regarding the child, including specific facts relating to the problem; and

    • A proposed resolution of the problem to the extent known and available to the complainant at the time the complaint is filed

    Who reviews claims and what timeframes apply?

    • The Exceptional Children Division reviews the claims and notifies both parties of the 60-day timeline for investigating the complaint and issuing an investigation report;

    • The 60-day timeline begins on the business day the complaint is received;

    • Business day is defined as Monday through Friday, 8:00am to 5:00pm. Before 8:00am or after 5:00pm Monday through Friday, State holidays, Saturdays, and Sundays are not considered business days. If received on a non-business day, the 60-day timeline will begin the next business day.

    What type of investigation may occur?

    • The State Education Agency (SEA) is responsible for reviewing all relevant information and making an independent determination as to whether the public agency has violated the IDEA. The investigation may include an onsite visit, staff and parent interviews, and review of electronic educational records.

    Who participates in investigations?

    • State Educational Agency

    Are complainants entitled to a hearing of any kind? If yes, what are complainants entitled to during the hearing?

    • When there is an unresolved disagreement over identification, evaluation or educational placement of a child with a disability or the provision of free appropriate public education, the options for dispute resolution are mediation, formal written complaint, and due process hearing. A formal complaint filed on the same issue(s) as contained in a petition for a due process hearing will not be investigated. If a complaint is filed with the same alleged violations raised in a due process petition, the EC Division must set aside any part of the complaint that is being addressed in the due process hearing.

    What privacy/confidentiality protections exist?

    • If the complaint is filed on behalf of an individual student and the complainant is not the student’s parent (as defined by the IDEA), a written release of confidential information must be  signed by the parent or the student (if rights have been transferred) and submitted to the investigator for the complainant to receive a copy of the letter of finding.

    Are school districts required to publicly post civil rights complaint procedures?

  • What is the appeals process, if any?


    Are remedies legally enforceable once a violation is found?

    • The investigation report, also known as a Letter of Finding (LOF), shall include: • A statement of the issue(s) investigated; and • Findings of fact, applicable federal and state laws, regulations, and/or policies, and conclusion for each issue investigated, including a statement of whether a violation of federal and state laws, regulations, and policies occurred, and the reasons for the conclusion. 

    • If the public agency is found to be compliant with the applicable federal and state laws, regulations, and/or policies, the complaint file will be closed. 

    • If the public agency is found to be noncompliant, the report shall include a corrective action plan that the public agency must implement to address the findings of noncompliance, including, but not limited to: • Remediation for the denial of any services, including as appropriate, the awarding of monetary reimbursement or other corrective action appropriate to the needs of the student; • Appropriate future provision of services for all students with disabilities impacted; • Timelines for completing corrective actions; • Documentation required for verifying the completion of the corrective action; and • An EC Division contact person for technical assistance in completing the corrective actions.

    Are there other administrative processes that must be exhausted before taking legal action?

    • No.

    Do state agencies publish complaint outcome data?

    • No.

    What enforcement mechanisms exist for non-compliance?

    • To ensure corrective action and pursuant to its general supervisory responsibilities in 34 CFR §§300.149 and 300.600, the SEA must inform the public agency that is involved in the complaint of any findings of noncompliance and the required corrective action and ensure that the corrective action is completed as soon as possible and within the timeframe specified in the SEA’s written decision, and in no case later than one year of the State’s identification of the noncompliance. [ 34 CFR §300.600(e)].