What's Actually Changing for North Carolina Families of Kids with IEPs Right Now

If you feel like the ground keeps shifting under you as a parent of a child with an IEP or 504 plan in North Carolina, you're not imagining it. Between budget fights, a major court case that just ended, growing teacher shortages, and a fast-growing voucher program, there's a lot moving at once, and almost none of it gets explained to families in plain language. So here's what's actually happening, and what it means for you.

The rule almost nobody's heard of: the 13% cap

For more than 30 years, North Carolina has funded special education using a formula that caps state support at 13% of a district's enrollment, no matter how many students actually need services. Right now that works out to a flat $4,600 per student with disabilities, only up to that 13% ceiling.

The problem is straightforward: most districts serve well above 13% of their students through special education. Every student beyond that line still has to be served, IDEA doesn't care about a funding cap, but the district gets nothing extra from the state to do it. During the 2021-22 school year alone, an estimated 18,000 eligible North Carolina students went effectively unfunded under this formula, representing around $82.5 million in resources districts never received (WRAL).

This is a big part of why you keep hearing about budget cuts and staffing strain in special education departments across the state, not just in one district. It isn't a local failure, it's a statewide funding design that's stayed unchanged since 1993, despite studies in 1990, 1994, 2010, 2016, 2019, and 2022 all recommending it be fixed.

There is a bill in the legislature right now, Senate Bill 960, that would raise the cap from 13% to 16% and create a new fund to help cover extraordinarily expensive cases. As of this year it's still sitting in a Senate committee, not law. Worth watching, not worth counting on yet.

Where the new money is actually going

At the same time the cap on public school special education funding has stayed frozen, North Carolina's private school voucher programs have grown fast. The Opportunity Scholarship program is now funded at $705 million a year for 2026-27, independently reported by both Public Schools First NC and the Public School Forum of NC, two public-education research and advocacy groups that track state budget decisions closely (worth knowing going in: both are openly critical of voucher expansion, so read their analysis with that lean in mind, even though the dollar figures themselves check out). ESA+, the version specifically for students with disabilities, grew to a $95 million annual base with automatic yearly increases built in. Together, well over $800 million a year now flows through these two programs.

If your family is weighing whether to use ESA+ or an Opportunity Scholarship for a child who currently has an IEP, there's one fact you need before you decide anything: the state's own program materials say plainly that a child placed in private school this way waives their right to public school special education services, and private schools have no legal obligation to provide them (NCSEAA). That doesn't make private school the wrong choice for every family. It does mean it's a decision that deserves a real conversation about what your child would be giving up, not just what the scholarship covers, before you sign anything.

The staffing behind all of this

North Carolina's exceptional children teacher vacancies have been climbing for years, not just this one. The most recent full statewide breakdown from the Department of Public Instruction, covering the 2023-24 school year, showed 1,544 EC teaching vacancies, nearly 22% of every teaching vacancy in the state, even though EC teachers are a much smaller slice of the overall workforce. That's more than double where the state was just three years earlier, in 2020-21 (EdNC). Statewide reporting since then has continued to show thousands of unfilled classroom positions each fall.

Seven counties, Ashe, Avery, Buncombe, Greene, McDowell, Onslow, and Rockingham, reported that at least half of all their teaching vacancies were in exceptional children positions. This isn't a big-district problem or a small-district problem. It's showing up everywhere.

The court case that just ended

On April 2, 2026, the North Carolina Supreme Court dismissed Leandro v. North Carolina, the decades-long case over whether the state was meeting its constitutional duty to provide every child a sound basic education. In a 4-3 decision, the court reversed its own 2022 ruling and dismissed the case with prejudice on procedural grounds, meaning the same plaintiffs can't bring it again. Chief Justice Newby wrote that "the judicial branch is not the venue in which to seek education policy reform" (The Assembly NC). After thirty years, the case that many families and educators hoped would eventually force real change closed without one.

That doesn't erase your child's rights. IDEA, Section 504, and FAPE are federal law, not something that depended on Leandro succeeding. But it does mean the pressure to fix funding and staffing statewide isn't coming from the courts right now. It has to come from families who know what to ask for and how to ask for it.

What this actually means for your family

None of this changes what your child is legally entitled to. A district being underfunded doesn't lower the bar for what a FAPE has to look like, and a state teacher shortage doesn't excuse a school from delivering the services written into your child's IEP. What it does mean is that you're operating in a system under real strain, and the families who do best right now are the ones who go into meetings knowing exactly what's happening around them and exactly what to ask for.

So, practically, what does this look like for you this year?

Expect more turnover on your child's team than you're used to. A provider may change mid-year, or a position may sit vacant for a while and get covered by someone already stretched across too many students. Ask directly, and get the answer in writing, who is actually delivering each service on your child's IEP right now, not just who's listed on paper from the fall. If the school points to staffing or budget when proposing a change, that explains the pressure they're under, it doesn't change what your child is owed, so it's fine to acknowledge what they're dealing with and still hold the line on the service itself. Ask for progress data more often than you think you need to, since a strained system is exactly where goals quietly stop being tracked closely.

If any of this has you wondering whether your child's current IEP is actually built to hold up under that strain, that's exactly the kind of question I help families work through, whether that's a full Case Immersion into their records, a focused IEP Review, or just a Coaching session to talk through where things stand. You can reach me anytime to start that conversation. Text / Call (919) 441-3373 or send an inquiry through the homepage.

What Every Parent Should Know about FAPE & LRE in 2025

If you’re new to special education, two important terms you’ll hear a lot are FAPE and LRE. Here’s a quick and simple guide to help you understand what they mean—and why they matter for your child’s education.

What is FAPE?
FAPE stands for Free Appropriate Public Education. This means your child has the right to an education that is free (no cost to you) and tailored to their unique needs. Schools must provide the supports and services your child needs to make progress.

Why is FAPE so important?
It’s a legal right guaranteed by the federal law called IDEA. This means schools can’t deny your child education just because they have a disability. If your child isn’t getting what they need, that’s a violation of FAPE.

What is LRE?
LRE means Least Restrictive Environment. This means your child should learn in a setting that’s as close as possible to regular classrooms with students who don’t have disabilities—unless your child’s needs require a different placement.

How do FAPE and LRE work together?

• FAPE is about what your child is taught and the services they get.

• LRE is about where your child learns.

Both must be considered when making your child’s Individualized Education Program (IEP).

What’s new in 2025?

• Families are encouraged to watch for signs that services aren’t being delivered properly and speak up.

• The law still says no child can be denied education because of their disability (this is called the ZERO Reject policy).

What can you do?

• Get involved in your child’s IEP meetings.

• Ask questions about the services and placement decisions.

• If you feel your child’s rights aren’t being met, don’t hesitate to reach out for help.

Remember: You’re your child’s best advocate. Understanding FAPE and LRE is a powerful first step toward making sure they get the education they deserve.

If you have questions or want to share your experiences, reach out—we’re here to support you!

TEXT us at (919)441-3373 for a FREE IEP CONSULTATION!