Cumberland County Schools repeatedly failed to implement required special education accommodations for a sixth grade student, according to two state findings, multiple complaints filed by the student’s father, and a third complaint now under investigation by state education officials.
The case centers on a student at New Century International Middle School whose father alleged across several filings that accommodations listed in his son’s Individualized Education Program (IEP) were not consistently provided in class, on assignments, and during testing.
An IEP is a legally required plan for a student with a qualifying disability. It outlines the student’s special education services, classroom accommodations, and educational goals.
The complaints and findings come as Cumberland County Schools faces broader scrutiny over its special education practices. Earlier this year, a lawsuit and state complaint alleged the district delayed special education evaluations for students suspected of having disabilities.
While that case focused on evaluations, this one raises a different question: What happens after a student already has an IEP in place—and does the school district actually follow it?
Under the Individuals with Disabilities Education Act, school districts must provide students with disabilities a free appropriate public education (FAPE). That includes delivering the accommodations and services included in a student’s IEP.
‘My Son’s Work Is Not Modified’
The first complaint in this case was filed October 16 with the N.C. Department of Public Instruction’s (NCDPI) Office of Exceptional Children. The complaint alleged Cumberland County Schools failed to properly implement accommodations outlined in the sixth grade student’s IEP.
Records reviewed during the investigation show the student qualified for special education services under the eligibility category Other Health Impairment.
Medical and educational records cited in the state’s findings described a student with multiple conditions affecting access to instruction, including autism spectrum disorder, generalized anxiety disorder, dysgraphia, epilepsy, chromosome deletion syndrome, and asthma. State records also noted “ADHD tendencies” and a pulmonary breathing disorder.
Dysgraphia is a learning disorder that affects writing ability. In the student’s case, the records described weaknesses involving pencil control, attention and workload demands, and other challenges.
According to the state report, the student’s IEP included accommodations such as preferential seating, guided or hard copies of notes, modified writing assignments, and testing in a separate room with a small group of no more than 14 students.
The parent alleged those accommodations were not consistently implemented by the school.
“I also noticed that since the last IEP meeting, 10/8/2025, that my son’s work is not modified,” the parent wrote in the complaint. CityView is not naming the parent to protect the privacy of the student.
The complaint also alleged the student’s IEP was not adequately revised to reflect medical information and parent concerns raised during an October 8 meeting with school and district officials.
The agency reviewed the district’s actions between August 26 and October 16.
NCDPI investigators concluded that, in the case of the sixth grade student, Cumberland County Schools failed to consistently implement accommodations required under the student’s IEP, violating state policies governing services for children with disabilities.
The findings pointed to inconsistencies in how accommodations were understood and applied in the classroom, including confusion around terms such as “chunking” and “modified assignments,” which were not clearly defined in the student’s plan.
In educational settings, “chunking” refers to breaking larger assignments into smaller, more manageable parts.
The report also found that some accommodations had been removed or altered in earlier IEP revisions without documented rationale.
According to the state’s findings, the student’s IEP previously included classroom and state testing accommodations—such as read-aloud assistance, small-group or separate-room testing with no more than 14 students, and scheduled breaks—but most classroom testing accommodations were later eliminated.
As a result, the state determined there was insufficient evidence that accommodations were consistently provided during the review period. The state said the district violated requirements related to IEP implementation under federal and state law.
Second Complaint Details More Concerns
A second complaint involving the same student at New Century International Middle School was filed December 18 by the father of the student.
The parent said assignments were not being reduced or modified, as outlined in the IEP, and that accommodations were not consistently applied. The complaint also raised concerns related to a November 10 meeting as part of the annual review of the IEP. The meeting involving the parent, the student’s IEP team, and the student’s private provider.
The parent requested an online social studies class and asked the team to consider recommendations from the student’s doctor.
The state issued findings from the second complaint on February 5, again concluding Cumberland County Schools failed to demonstrate that the student’s accommodations were consistently implemented. However, investigators found the district was not in violation of requirements related to the development and revision of the student’s IEP.
The report determined that while the IEP team considered available medical information and parent input, there were still gaps in how accommodations were carried out. The findings noted a lack of alignment between what was happening in the classroom and the accommodations outlined in the student’s IEP, as well as insufficient documentation showing those accommodations were being implemented as written.
The state again concluded the district was in violation of requirements tied to implementation.
‘It’s Not Enough Time for Him’
The father’s concerns continued into late February.
On February 24, he emailed the social studies teacher requesting a meeting to discuss classroom concerns. In a follow-up email sent February 26, he contacted school administrators and shared assignments he said did not include required accommodations.
According to the email, the assignments had been given on February 25.
Those materials included a nine-page study guide tied to a sixth grade unit on ancient China, along with another digital assignment related to Genghis Khan and Kublai Khan. The parent said the combined workload totaled 18 pages of reading and questions, in addition to a test scheduled for February 26 or February 27.
“It’s no way he can get all of these class assignments done,” the parent wrote. “It’s not enough time for him to review, study, and complete 9 pages, and the other 9 pages with a total of 18 pages combined.”
He also said the assignments did not include required modifications.
“As a parent I am only advocating for my child,” he wrote.
Documents reviewed by CityView support the timeline of those assignments. One lesson related to Genghis Khan shows a start date of February 23 and due date of February 24. A separate Ancient China study guide packet was provided February 25.
School District: We Take IEP Concerns Seriously
Melody Chalmers McClain, associate superintendent of student support services, said the district is committed to ensuring students receive required services.
“Cumberland County Schools takes all concerns related to the implementation of Individualized Education Programs very seriously and is committed to ensuring that students with disabilities receive a free and appropriate public education in accordance with state and federal requirements,” McClain said in a statement to CityView.
Because of privacy laws, the district said it could not comment on specific students or cases.
District officials said Cumberland County Schools cooperates with investigations by NCDPI and implements corrective actions when findings are issued.
The district also said it had reinforced monitoring and support structures at both the school and district levels to help ensure IEP accommodations are consistently implemented in classrooms. That included communication between Exceptional Children staff and general education teachers, classroom observations, coaching, and professional development.
As part of the second investigation, NCDPI ordered Cumberland County Schools to take corrective action.
By March 6, the district was required to convene the student’s IEP team, including the parent and student, to review accommodations and clarify how they would be implemented.
By March 13, the district was required to draft procedures for documenting the provision of accommodations and distribute those procedures to administrators and Exceptional Children staff.
The state also required documentation showing the completion of those actions.
Corrective action is a formal state order requiring a district to remedy violations identified during an investigation. If a district fails to complete those steps, the complaint remains open and additional sanctions may follow.
Parent Files Third Complaint About Cumberland Schools
The student’s father told CityView the IEP meeting was held March 11, five days after the state’s March 6 deadline. He said district staff, an advocate from the Autism Society of North Carolina, and a Duke-affiliated physician participated in the meeting.
During the meeting, he said, the district agreed to provide his son with a virtual social studies class as part of updated accommodations. The parent said he signed the updated IEP in good faith, expecting the virtual class to begin by March 13.
“They told us the class would be ready by March 13, and that never happened,” he said.
On March 17, the parent filed a third complaint with NCDPI since October, this one alleging the agreed-upon accommodations had still not been implemented after the March 11 meeting.
In that complaint, he wrote that the virtual class had not started and that no staff from the virtual program were present during the March 11 meeting to explain how the placement would work.
“I have not received any notifications about this virtual online social studies class,” he wrote. “My son appears to be left in limbo.”
The parent also told CityView he was asked after the meeting to sign a release withdrawing the complaint.
“I was asked to sign a release to withdraw my complaint before anything was actually implemented,” he said. “The ink wasn’t even dry on the IEP.”
The student’s father told CityView his son began the virtual social studies class March 23, about 10 days after the district said it would be ready. He said the delay contributed to confusion and disruption in his son’s education.
“It’s like the rug was pulled out from under us,” he said. “You’re told one thing, and then nothing happens.”
NCDPI opened an investigation into the third complaint on March 26. The state said it will investigate whether Cumberland County Schools complied with federal and state requirements related to parent participation, implementation of the student’s IEP following the March 11 meeting, and the provision of an online social studies class.
On March 26, Lindsay Whitley, associate superintendent for communications and community engagement, said in a follow-up response to CityView that the district was in compliance with corrective action guidance issued by the NCDPI and had met required timelines.
“Cumberland County Schools is in compliance with the corrective action guidance issued by the North Carolina Department of Public Instruction and has met the required timelines,” Whitley said. “The district has taken the required actions, including convening the IEP team and developing and implementing the necessary procedures,” he said.
The district did not provide details about the specific case, citing student privacy laws.
Results of Third Investigation Due May 18
By April 10, Cumberland County Schools was required to submit a written response to the allegations, along with supporting evidence showing whether accommodations were implemented and when the student was enrolled in the online social studies class.
In an April 22 response to CityView, Cumberland County Schools shared a statement from McClain, who said the district “has complied fully with all requests and met prescribed deadlines.”
“This case is actively ongoing,” McClain said. “Federal and state student confidentiality protections preclude any additional disclosure at this time.”
The district did not provide details about the specific actions taken or documentation submitted to the state.
The student’s father said the situation has affected his child’s sense of stability at school.
“He just wants teachers who treat him fairly,” he said. “Right now, he’s going to school not knowing what’s going to happen, and that’s not a healthy learning environment.”
He said he is now waiting for the outcome of the state’s third investigation.
NCDPI said it expects to complete the investigation and issue a final report by May 18.
