Cumberland County Schools repeatedly violated federal law by failing to evaluate students for special education services, according to a lawsuit, a complaint to state education officials, and an investigation by the state education department.
The school system’s handling of special education evaluations for three students prompted the North Carolina Department of Public Instruction (NCDPI) to rule in July 2025 that the district’s practices were “inconsistent” with federal law and state policies. The state ordered Cumberland County Schools (CSS) to conduct system-wide training to assure its special education evaluations follow federal law and state policies.
Yet, a due process complaint filed last month accused the school district of repeatedly denying a request by the parent of a third-grade student at Baldwin Elementary School for a special education evaluation. And in November, a former Cumberland County teacher sued the school district, accusing it of continuing to delay the evaluations.
“As a classroom teacher, I personally identified at least three students who I believed needed to be evaluated, but their parents were repeatedly told to wait or were denied referrals,” said Cynthia Lee, a Fayetteville resident and former CCS teacher from 2018 to July 2025. The longtime educator also spent more than 15 years teaching special education in Virginia.
Lee’s lawsuit alleged that the school district violated state and federal law by requiring students to complete all tiers of its Multi-Tiered System of Support (MTSS). Schools use MTSS as a framework to provide increasing levels of academic or behavioral intervention before referring a student for special education.
The complaint stated the practice could delay evaluations by requiring students to complete intervention tiers before being considered for special education testing.
Lee’s lawsuit seeks class-action status on behalf of North Carolina students who were allegedly denied evaluations under the Individuals with Disabilities Education Act (IDEA). The school district has not yet filed its response to the lawsuit.
Court and administrative filings reviewed by CityView describe multiple cases in which parents requested evaluations for their children over several school years, but were allegedly told to wait, discouraged from making formal referrals, or denied eligibility meetings altogether.
Under IDEA and North Carolina education policy, school districts are required to locate, identify, and evaluate students suspected of having disabilities within 90 days of a parent request—even if that request is made verbally.
Lawsuit: Evaluations Delayed for 3 Students
In her lawsuit, Lee described three students she taught during the 2024–2025 school year who she alleged were denied appropriate evaluations, despite concerns that began in earlier grades and continued into the 2025–2026 school year.
In the first case, Lee described a student who struggled with reading, writing, and classroom behavior and showed signs of a learning disability. According to the filing, Lee repeatedly requested the student be referred for evaluation. Instead, the school directed the family to continue with informal interventions rather than initiating the special education process.
The complaint also described a second student with persistent attention and emotional issues in class. Lee said she raised concerns and requested an evaluation, but was told the student did not qualify for special education services and should remain in general education without formal assessment, according to the lawsuit.
In a third case, Lee said she identified a student who was academically regressing and unable to meet grade-level expectations. According to the filing, despite repeated documentation of concerns, the student was not evaluated for special education services.
State Ordered Training, Other Fixes in Cumberland Schools
In July 2025, NCDPI’s Office of Exceptional Children ruled that Cumberland County Schools violated state and federal special education regulations in multiple cases.
The agency concluded the district maintained policies and practices inconsistent with IDEA requirements related to Child Find obligations, timely referrals and evaluation procedures, and ordered corrective action and staff training.
Jeanie McDowell, director of communications and public information for NCDPI, said in an email to CityView that the school district remains under corrective action but is progressing as expected following both student- and district-level corrective action.
McDowell said NCDPI is monitoring the district’s compliance and providing ongoing technical assistance and professional development to support required changes.
She said that since the complaint was filed, two additional student-specific complaints involving Child Find allegations have been filed. In one case, the state agency found the school district in compliance with federal law and state policy and ruled it was noncompliant in the other.
Baldwin Elementary Complaint
Lee’s allegations mirrored a separate complaint filed with the state administrative hearings office on January 20. It involved a third-grade student at Baldwin Elementary.
In that case, a parent alleged her son was denied evaluation requests in first, second, and third grade, despite medical diagnoses of Tourette syndrome and attention-deficit/hyperactivity disorder (ADHD). The student was diagnosed with Tourette syndrome during the 2023–2024 school year and ADHD during the 2024–2025 school year, according to the complaint.
A referral meeting was eventually held in October 2025 for an Individualized Education Program (IEP). A legally required plan, IEPs outline special education services, accommodations, and learning goals for a student with a qualifying disability. But school staff concluded the student was not suspected of having a disability and denied a formal evaluation, according to the complaint.
The Baldwin case was resolved in a settlement agreement on January 27.
Under the resolution, CCS agreed to reconvene the student’s referral meeting no later than February 12, conduct full evaluations, and provide compensatory educational services if the student is found eligible.
Compensatory educational services are additional instruction meant to make up for services a student should have received earlier, which could include specialized instruction, tutoring, or related therapy services.
The agreement also requires additional district training and a districtwide memo addressing the inflation of student grades by February 16. The complaint alleged grades were increased or did not reflect the student’s academic struggles, which the filing argued could reduce the likelihood a student would be flagged for further evaluation or support.
In an emailed statement, Lindsay Whitley, associate superintendent for communications and community engagement, said the district “has responded appropriately to the July 25, 2025, DPI report by improving access to the Exceptional Children’s evaluation process, taking other requested corrective actions, and conducting required training.”
Whitley said staff training and policy reviews required by the state education department have been completed. Student confidentiality laws prevent the district from commenting on specific complaints, he added.