Additional Procedures

Procedures to Resolve Disagreements with Placement Options or Gifted Identification

CFCI has a procedure for resolving disagreements between parents/guardians (school policy #2110), that also applies when a disagreement arises in which a student is not identified or concerning the appropriateness of the service options offered to an identified AIG student. CFCI’s procedures for resolving disagreements are provided when an identification decision has been made, but are also available on this CFCI AIG website at any time. In addition, this information is reviewed with parents at annual DEP review meetings. 

If a parent or guardian has a disagreement with the gifted services within a classroom or with determination of giftedness, the following steps should be initiated:

1. Parent/Guardian will meet with the classroom teacher and K-8 Instructional Coordinator or AIG Lead to seek a resolution. 

2. If a resolution is still not reached, the CFCI Extension Team will confer with school administration and review the concern in an effort to seek additional solutions. 

3. If this meeting does not arrive at a resolution, the parent/guardian will document concerns in writing to CFCI’s Director of Education within 10 business days, outlining the family’s perspective.

4. If the grievance is still not resolved, the parents/guardians may file a petition for a contested case hearing under Article 3 of Chapter 150B of NC General Statutes.  

The scope of the review shall be limited to: (i) whether the local school administrative unit improperly failed to identify the child as academically and/or intellectually gifted student, or (ii) whether the local plan developed has been implemented appropriately with regard to the child. Following a hearing under Article 3 of Chapter 150B of the General Statutes, the administrative law judge shall make a decision that contains findings of fact and conclusion of law. Notwithstanding the provisions of Chapter 150B of the General Statutes, the decision of the administrative law judge becomes final, is binding on the parties, and is not subject to further review under Article 4 of Chapter 150B of the General Statutes. Attorney’s fees are not available to parents/guardians in the event they decide on due process.