ABOUT US

Learn more about ECAC’s mission, history and our commitment to Empowering Families and Improving lives!

Home > About Us > News & Events > The Learning Disabilities Association of NC has filed a complaint with the federal government against NC State Board of Education
Print this page

The Learning Disabilities Association of NC has filed a complaint with the federal government against NC State Board of Education

RALEIGH, N.C. — A North Carolina learning disabilities group has filed a complaint with the federal government, alleging that the State Board of Education is discriminating against minority students with disabilities who attend low-performing schools.

The group, Learning Disabilities Association of North Carolina, filed the complaint on June 1 in response to a policy change the board made in February that determines how students are selected for special education services.

When determining if a student with a specific learning disability is eligible for special education, the state should compare the child’s academic achievement to state standards, according to the group. Instead, the state board has altered the policy so that students are compared to other children of the same race in their classroom, school or district, the group said.

In her complaint, LDANC President JoAnna Barnes said the change means “nonwhite students with disabilities in low-performing schools will be discriminated against and their civil rights violated.” She is asking the federal government to withhold money from North Carolina until the state board reverses its policy.

“In Y.E. Smith Elementary School in Durham, North Carolina, about half the school’s students are black, and only 5.7% of these students pass both the State Reading and Math tests,” Barnes wrote. “So, under the current NC Policies, when determining if a black student at Y.E. Smith Elementary has demonstrated ‘inadequate academic achievement,’ he will be compared to the nearly 95% of black students at Y.E. Smith who do not pass the State Reading and Math tests.”

Barnes filed a complaint with the U.S. Department of Education’s Office for Civil Rights and sent another letter to the agency’s Office of Special Education Programs.

She also plans to send a copy of the complaint to retired North Carolina Superior Court Judge Howard Manning, who has handled the long-running Leandro case in which the North Carolina Supreme Court ordered that the state constitution guarantees every child a sound, basic education.

Manning is still a special senior Superior Court judge and continues to oversee the state’s efforts to meet the dictates of the Leandro ruling.

In a statement to WRAL News, State Board of Education Attorney Katie Cornetto said staff will review the complaint and respond to the Office for Civil Rights at the appropriate time.

“It is premature to provide comments at this time,” she wrote.

Parent Info Line:

  1-800-962-6817

Ask a question: ecac@ecacmail.org

ECAC provides services and support across NC to parents, families, students, educators and other professionals!

Connect

ECAC'S MAIN OFFICE

Address
Address: 907 Barra Row, Suites 102/103
Davidson, NC 28036
Phone
Phone: 704-892-1321
Fax
Fax: 704-892-5028
Parent Info Line
Parent Info Line: 800-962-6817
More Office Locations

Get Involved

508 Bobby Approved
ECAC is committed to ensuring that our website is accessible to all. Compliance with section 508 website accessibility is an ongoing process and if you have any difficulty with the accessibility of our website or resources, please let us know by calling: 1-800-962-6817 or send an email to us at ecac@ecacmail.org. Thank you!