autism
Something important is happening in Cumberland County, and families deserve to understand it.
In July 2025, North Carolina’s Department of Public Instruction found that Cumberland County Schools’ special education evaluation practices were not aligned with federal law. The state ordered system-wide corrections, including staff training.
Later that year, a lawsuit went further. It claimed students who clearly needed help were waiting months, sometimes over a year, just to be evaluated.
For parents, this isn’t just policy. It’s time your child doesn’t get back.
So what can you actually do?
What the Law Says About IEP Evaluations
Under federal law (IDEA), schools are required to identify and evaluate children who may have disabilities. This is called Child Find.
In North Carolina, once a written referral is made, schools typically have up to 90 days to complete evaluations and determine eligibility.
Schools are not allowed to delay evaluations just because a child is going through general interventions like MTSS.
But according to complaints and investigations, that’s exactly where things have been breaking down.
The Problem Parents Are Facing in Fayetteville
Reports and legal filings point to a pattern:
- Parents being told to “wait and see”
- Referrals not being processed quickly
- Students required to complete intervention tiers before evaluation
- Lack of clear communication about rights
In some cases, children who were already struggling academically or behaviorally were not evaluated in time, even after concerns were documented.
That delay matters. Early support is strongly linked to better long-term outcomes.
What to Do If Your Child Is Denied an Evaluation
If your request for an evaluation gets denied, it can feel like a dead end. It’s not.
Under federal law, you have the right to ask for an evaluation at any time. Schools also have a legal duty to identify and evaluate students who may need support. So if something feels off, trust that instinct. Then move step by step.
1. Put Your Request in Writing (and Make It Count)
A verbal request in a meeting doesn’t always trigger action. A written request does.
Send an email or signed letter to:
- The school principal
- The special education coordinator
Clearly state:
- You are requesting a full evaluation for special education services
- What concerns you’ve observed (learning, behavior, communication, etc.)
Why this matters:
Once a formal request is received and consent is signed, the school’s timeline begins. In North Carolina, that typically means up to 90 days to evaluate and determine eligibility.
Also, always keep a copy. Documentation becomes important if you need to push further.
2. Track Everything Like a Timeline
This process is not just about what happens. It’s about when it happens. Start a simple log:
- Dates of emails and responses
- Meeting summaries
- Who said what
Why this matters:
If delays happen, your documentation shows patterns. And if you escalate later, this becomes your strongest evidence.
Even guidance documents recommend keeping records because written history helps resolve disputes and misunderstandings.
3. Understand the Only Valid Reason They Can Say “No”
Schools can deny an evaluation. But only under one condition:
They must reasonably believe there is no evidence your child has a disability.
That’s it.
Important nuance most parents miss:
- Good grades do NOT automatically mean no disability
- Behavior issues can still qualify for evaluation
- Schools cannot delay evaluation just because interventions (MTSS/RTI) are in progress
In fact, evaluations and interventions can happen at the same time.
So if the response sounds like:
- “Let’s wait a bit longer”
- “We’ll try interventions first”
That does not cancel your right to request testing.
4. Ask for Prior Written Notice (PWN) and Read It Carefully
If the school says no, they must give you a Prior Written Notice (PWN). This is not just a formality. It’s a legal document.
It must include:
- What they are refusing to do
- Why they are refusing
- What data they used to make that decision
Why this matters:
PWN forces the school to explain their reasoning clearly. And once it’s written down, it can be challenged. If the explanation feels vague or incomplete, that’s a signal to push further.
5. Request an Independent Educational Evaluation (IEE)
If you disagree with the school’s evaluation, or they refuse to evaluate, you can take another step:
Request an Independent Educational Evaluation (IEE)
This means:
- A qualified professional outside the school evaluates your child
- In some cases, the school must pay for it
You don’t have to accept the school’s first conclusion as final. This is one of the most underused rights parents have.
6. Escalate Through Formal Channels (When Needed)
If things still don’t move, North Carolina gives you several options:
- File a state complaint
- Request mediation
- File for due process hearing
These are formal dispute resolution paths handled through the state’s Department of Public Instruction.
When escalation becomes necessary:
- Your documentation matters
- Your written requests matter
- Your PWN matters
Everything you’ve tracked builds your case.
What Most Parents Realize Too Late
A denied evaluation doesn’t mean your child doesn’t need help.
It often means:
- The school doesn’t see enough evidence yet
- Or the process wasn’t pushed far enough
But the law is clear: If there is suspicion of a disability, evaluation should happen. And you have the right to keep pushing until it does.
Think of this process less like asking for permission. And more like activating a system your child is legally entitled to access. Because that’s what it is.
Where ABA Therapy Fits In Right Now
When schools delay support, families are often left waiting. This is where in-home ABA therapy can help fill the gap. ABA focuses on:
- Communication skills
- Behavior regulation
- Daily living skills
- Social interaction
Instead of waiting months for school-based services, therapy can begin now, based on your child’s current needs.
In real-life cases, many families use ABA while navigating the school system. It helps children build skills early, so they don’t fall further behind during delays.
You Don’t Have to Wait for the System to Catch Up
No parent should feel stuck while their child struggles. If you’re dealing with delays, confusion, or pushback from your school district, support exists outside the classroom.
Epic Minds Therapy works with families across Fayetteville to provide in-home ABA services that meet children where they are right now.You can learn more about Epic Minds Therapy services in Fayetteville here
Sources:
https://epicmindstherapy.com/blog/data-autism-special-education-in-nc-public-schools/
https://disabilityrightsnc.org/resources/child-find-and-iep-referrals/
https://epicmindstherapy.com/blog/school-based-aba-therapy/
