If your child did poorly on an End-Of-Grade test…
By Lewis Pitts, Esq.
Column #197; August 12, 2005
The End-of-Grade (EOG) or End-of-Course tests that public school
children in North Carolina must take near the end of a school year can
cause lots of stress and anxiety, both for children and parents. If
your child scores a III or a IV, s/he is said to be performing at grade
level or is “proficient.” However, a score of I or II means your child
is at risk of academic failure and may not be promoted to the next grade
level.
Any child that scores a I or a II is entitled by North Carolina law
to get special tutoring and help designed to help that particular child
learn. Additionally, such children may also be at risk of suspension
or expulsion because many schools use a “zero tolerance” policy as a
way of removing low-scoring children from school. Therefore, it is in
the best of interest of your child to jump right on the problem of low
test scores and get help.
Any parent of a child scoring less than a III on the Tests should write
the Principal this summer and ask for a Personal Education Plan (PEP)
especially made for her child. That’s right. the PEP is not supposed
to be a “one size fits all” tutoring class in the gym. These “interventions”
are free and your child has a state constitutional right to them.
Here is exactly what the law states: “This intervention shall involve
extended instructional opportunities that are different and supplemental
and that are specifically designed to improve these student’s performance
to grade level proficiency. Students who do not meet promotion standards
shall have personalized education plans with the following components:
diagnostic evaluation, intervention strategies, and monitoring strategies.
Strategies may include, but are not limited to, alternative learning
models, special homework, smaller classes, tutorial sessions, extended
school day, Saturday school, modified instructional programs, parental
involvement, summer school instruction, or retention."
The law also promises that the school will provide free transportation
to these activities if you need it. Moreover, your child does NOT have
to be diagnosed with a disability to get a PEP.
Here are some tips to help you get a PEP:
-
Know that your child is constitutionally entitled to a PEP, and
the law is the law. Your child is entitled to have his/her PEP be
meaningful and followed, and the parent is entitled to be included
in the process of developing and implementing the PEP. However,
remember that schools are very under-funded and may resist giving
you what is promised in the law. Therefore, be involved, be cooperative
and easy going; but know your rights as stated here and insist on
them.
-
Make your request for the PEP in writing, not just by telephone.
Keep a copy of every thing. Keep notes of each conversation you
have with anybody from the school. Of course, it’s best to avoid
confrontational situations by being as polite and cooperative as
possible. But you can do that AND be careful to make a record and
insist on your child’s right to a sound basic education.
-
Know that NC law section 115C-105.41 promises the PEP. If someone
from the school wants to know what law gives your child these rights,
tell them the NC constitution promises an equal opportunity for
sound basic education for every child and that NC law section 115C-105.41
promises the PEP. If need be, you could go on-line or to the public
library and ask the librarian to look up this law for you. It is
only one page and very clear. This law is not part of the Special
Education law. Your child may be entitled to Special Education services
and the plan under that system which is called and Individual Education
Plan or IEP. But that is different than a PEP, which does not require
a finding that your child is “disabled.”
-
Ask for a copy of the written PEP that is developed for your
child. Also, at the beginning of the school year, ask for a meeting
with your child’s teachers to discuss the PEP. Make this request
in writing, too. You know your child better than anyone. Your advice
and input is very important.
If you are having problems getting a meaningful PEP and you have
tried meeting with the school and/or a school board member without success,
call your local Legal Aid of North Carolina office. They may be able to help or
may refer you to
Advocates
for Children’s Services of Legal Aid of North Carolina based in Durham, NC,
919-226-0052
Lewis
Pitts is an attorney with
Legal Aid of North
Carolina and serves on the Legal Services Education Law Task Force.
"The Law and You" is a regular publication of
Legal Aid of North Carolina,
a nonprofit, statewide law firm that provides free civil legal assistance
to poor and low-income residents of North Carolina.
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purposes only and do not constitute legal advice. Please contact your
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