Straddling two states, the Charlotte-Concord-Gastonia area is home to an estimated 2.7 million people as of 2022. Twenty-three percent of the population is under the age of 18, which is slightly higher than the national average. Of these children, approximately 87,000 are students with disabilities.
Federal law requires that all students receive a free appropriate public education. For students with disabilities, this right includes the services, support, and accommodations they need to access that education.
While states cannot provide less than what federal law mandates, states may pass laws or regulations above and beyond those requirements. School districts may also have policies or programs that are not required by law or are unique to that district.
Even with federal requirements, schools may not always comply with the law or may try to deny a student needed services. Location can also play a role in the support a student receives and the services available to them. School districts often have their own policies or programs.
Parents and guardians can help ensure their child gets every resource and program available. They can advocate for their student in IEP Meetings. They can use resources to find out about current best practices for their child's disability. And when a school district fails to provide legally-mandated services and accommodations, parents and guardians can turn to dispute resolution options to find a solution.
Navigating the laws surrounding disability rights in education can be overwhelming. Hiring a legal team that has worked with families nationwide is one way to advocate for your child and get them the best possible education.
The Charlotte-Concord-Gastonia, NC-SC Area
Nicknamed Metrolina, the Charlotte-Concord-Gastonia area has become one of the largest banking centers in the United States. One of the fasting growing regions in the United States, the area covers two states and eleven counties.
The region has doubled its population in less than 30 years. Over the past decade, the biggest growth has been in the area's suburbs. Towns such as Waxhaw, Fort Mill, and Tega Cay have more than doubled their populations between 2010 and 2020.
The official definition of the area includes 11 counties. They are:
- Anson
- Cabarrus
- Gaston
- Iredell
- Lincoln
- Mecklenburg
- Rowan
- Union
- Chester
- Lancaster
- York
The last three, Chester, Lancaster, and York, are in South Carolina. The first eight are in North Carolina.
Public K-12 school districts in the area include:
- Anson County Schools
- Cabarrus County School System
- Charlotte-Mecklenburg Schools
- Chester County School District
- Gaston County Schools
- Iredell-Statesville Schools
- Kannapolis City Schools
- Lancaster County School District
- Lincoln County Schools
- Mooresville Graded School District
- Rowan–Salisbury School System
- Union County Public Schools
- York County School District 1 (York School District)
- York County School District 2 (Clover School District)
- York County School District 3 (Rock Hill Schools)
- York County School District 4 (Fort Mill School District)
The region has a range of options for college and graduate programs. Colleges and universities include:
- Barber-Scotia College
- Belmont Abbey College
- Cabarrus College of Health Sciences
- Campbell University
- Catawba College
- Central Piedmont Community College
- Clinton College
- Davidson College
- Gaston College
- Hood Theological Seminary
- Johnson & Wales University
- Johnson C. Smith University
- Livingstone College
- Mitchell Community College
- Pfeiffer University at Charlotte
- Queens University of Charlotte
- Rowan–Cabarrus Community College
- South Piedmont Community College
- Union Presbyterian Seminary
- University of North Carolina at Charlotte
- University of South Carolina Lancaster
- Wake Forest University Charlotte Center
- Winthrop University
- York Technical College
Increase in School Enrollment
Population growth means an increase in school enrollment. Fort Mill School District and the Charlotte-Mecklenburg Schools provide two snapshots of the challenges facing school districts in the region.
Fort Mill
Tega Cay and Fort Mill are both part of the Fort Mill School District. Considered one of the top school districts in South Carolina and home to some of the best schools in the Charlotte area, Fort Mill has been seeing an enrollment increase of between 500 and 1,000 students annually for more than a decade. For the 2022-2023 school year, enrollment was at 18,000.
In February 2023, the district enacted an enrollment freeze for some schools. As one of the advantages of the district is its low student-to-teacher ratio, the district began sending new students to schools outside of their zoned area to maintain this ratio. The school's ten-year plan includes the construction of multiple new schools.
Charlotte-Mecklenburg
The Charlotte-Mecklenburg Schools enroll approximately 150,000 students, making it the second-largest school district in North Carolina. Even though enrollment has decreased since 2019, the district still faces overcrowding and has plans to build three new elementary schools, an additional middle school, and one high school.
While these schools will take the burden off overcrowded schools, they also mean shifting the boundaries of current schools. In June 2023, the school board passed the final draft for the new boundaries despite protests.
For families who selected homes based on certain schools or programs, these changes are not welcome. Some students will end up attending multiple schools in different years, and students may be separated from their social circle.
For students with disabilities, these changes may cause unneeded stress and a disruption to their support system. If a student is slated to attend a new school, families may want to meet with school officials to include a transition plan in the student's IEP.
Federal Law
For the 2021-2022 school year, 7.3 million children, or approximately 15 percent of public school students, qualified as having a disability under federal law.
North Carolina's rate is below the national average, with less than 14 percent of students qualifying for disability services. Of these students, approximately 1 in 5 meet grade level proficiency in reading while 21 percent reach that benchmark for math.
South Carolina, at 14 percent, has the same rate as the nationwide average for the number of students qualifying as having a disability. South Carolina's grade level proficiencies in reading and math are similar to the national averages.
ADA, Section 504, and IDEA
For students who qualify as having a disability, three federal laws are key. These laws ensure students have access to an education and the access, services, accommodations, and support that enable them to participate in education.
The Americans with Disabilities Act (ADA) protects all Americans with disabilities from discrimination. Students, regardless of grade level, can benefit from ADA protection.
Section 504 of the Rehabilitation Act of 1973 has two primary purposes. The first is to prevent discrimination against students with disabilities in K-12 public schools. The second involves banning programs that receive federal funding from discriminating against any individual with a disability.
The Individuals with Disabilities Education Act (IDEA) applies to K-12 students. IDEA has four parts. K-12 students between the ages of 3 and 22 can qualify for support under IDEA. The act also includes provisions for identifying and assisting babies and toddlers with disabilities from birth to age 3.
All Children Qualify for Support
While the ADA and parts of Section 504 may apply to private schools, for the most part, federal laws only apply to public schools. While private or charter schools may adopt similar policies, these policies often do not have the backing of federal law.
This can also be the case for some college and university programs, even those that are classified as public. Several aspects of disability rights law apply only to K-12 students.
One caveat exists for children who don't attend public school. Federal law requires that school districts have programs and systems to identify all children within their boundaries who might have a disability. This includes children not yet old enough to attend school or children who are homeschooled or attend private or charter schools.
The term commonly used for these programs is Child Find. Both North Carolina and South Carolina use this term for their programs. Parents and guardians can also request an assessment from the school district. In some cases, medical personnel or teachers may also make a referral.
School districts not only have the responsibility to identify children with disabilities but must also provide them with support and services. Families can work with their local school district for services and support even if their children attend a public or charter school or are homeschooled.
Key Federal Terms
Federal disability rights laws cover an enormous range of topics. They also deal with disabilities, including physical, emotional, and behavioral. Depending on your child's specific disabilities, you will likely become familiar with certain phrases or words.
All families of children with disabilities are likely to encounter the following terms.
FAPE
As stated above, all children have the right to a free appropriate public education (FAPE). For students with disabilities, FAPE also includes the support and accommodations they require to have an educational experience similar to other students.
Reasonable Accommodations
When discussing accommodations, families should know that the federal government uses a standard of reasonable accommodations. What qualifies as reasonable accommodations depends on a variety of factors. Schools do not have to provide students with all accommodations or accommodations that would give them an advantage over other students.
The goal of reasonable accommodations is to give a student with disabilities a similar experience to other students. This will be weighed against other factors, such as cost and the impact on the rest of the school community.
LRE
Over 70 percent of students with disabilities spend at least 80 percent of the school day in general education classrooms. Involving students in the general school community when possible is the central goal of the Least Restrictive Environment (LRE). What is LRE depends on each child and should never be based on the child's disability alone.
LRE should focus on what is the best LRE for the whole child. For some students, maximizing involvement in general classrooms is the best option. Other students may benefit from alternative education or even dedicated, specialized schools.
IEPs
One of the terms you may quickly become familiar with is Individualized Education Programs (IEP). IEPs might best be described as a roadmap for teachers and other school personnel on the services and accommodations your child needs to succeed in school. IEPs should also include a student's goals and, in some cases, transition plans.
Either before a student enrolls in a school or once an evaluation finds that a child has a disability, school districts must arrange an IEP meeting. Parents and guardians will meet with school personnel to discuss what support a child needs. Students may also attend these meetings.
IEP plans should be revised annually. Parents may request a meeting at any point, however, if they believe the plan needs revision or if they do not believe school staff are implementing the plan.
North Carolina
North Carolina Department of Public Instruction, Office of Exceptional Children, spearheads the state's implementation of IDEA and related laws. OEC has regional offices and also offers training and grants. One such grant funds the Exceptional Children's Assistance Center (ECAC), which provides training programs for families.
North Carolina offers the following dispute resolution options:
- Facilitated IEP Program
- Mediation
- Facilitation
- Complaints
- Due Process Hearing
The best option for resolving a dispute depends on the specifics of the situation. A qualified attorney advisor can help you understand your options and which is likely to result in the best outcome for your student.
State Schools
North Carolina operates three state-sponsored schools. They are:
- Eastern North Carolina School for the Deaf in Wilson
- North Carolina School for the Deaf in Morganton
- The Governor Morehead School for the Blind in Raleigh
These schools are free to families and have residential options for students. For families who believe these schools would be a good fit for their child, they will need to work with their local public school for admission.
South Carolina
The South Carolina Department of Education's Special Education Services handles the implementation of federal law and related programs for students with disabilities. This includes not only K-12 students but also early education and post-secondary transitions.
For families who disagree with a school district, the state offers the following dispute resolution options:
- Ombudsman
- Facilitated IEPs
- Mediation
- State Complaints
- Due Process Hearings
Which option is best for you depends on the details of your situation. An experience attorney-advisor can help you decide which option is likely to result in the best outcome for your student.
State Schools
South Carolina operates the School for the Deaf and the Blind. Located in Spartanburg, the school has three campuses: the School for the Blind, the School for the Deaf, and the Cedar Springs Academy.
All three offer residential options. They are free to students who have an "educationally significant level of hearing loss, vision loss, or both."
The school also provides educational services and materials for school districts to use throughout the state. Families may wish to inquire about which of these options are available through their local school district during an IEP meeting.
Protect Your Student's Right to an Education
Your student not only deserves an education but has the right to an education. If a school district is failing to provide the support, accommodations, or services your child needs, or if a school district is refusing to acknowledge your child's disability, you need help.
As nationwide attorney advisors, the team at the Lento Law Firm works with families from big cities to small towns. We not only stay up-to-date on the law but know the importance of treating each student as an individual. We focus on finding outcomes that focus on the best interests of your child and their education. Contact us online or at 888-535-3686.
