Special Education Law in North Carolina: A Fight for More Inclusion with Stacey Gahagan [IEP 189]
Today’s conversation is with a guest recommended to us, and we are excited to hear her perspective. We are highlighting the immense challenges within the legal system for attorneys, parents, and students, especially how situations can vary from one state to another. Join us to learn more!
Stacey Gahagan practices statewide in North Carolina. Her firm, with five attorneys, is the largest in NC that focuses on special education law. Stacey was in education for 19 years before she went to law school. From teacher to administrator, Stacey has “worn every hat at the IEP table,” except that of a speech therapist. After becoming an attorney, she realized her desire for fairness and her passion for education was leading her into this area. After leaving a salaried job, she started her own firm and has been able to make a difference in the area of inclusion in NC.
Show Highlights:
- How Stacey’s unique background, experience, and expertise allow her to assist parents
- Why families are up against a wall in their fight for more inclusion in NC
- How Stacey sees the impact for each individual child
- How due process cases are handled in NC vs. CA
- How the playing field is not fair in NC, where the burden of proof is on the parent and the decision of the school district is “presumed to be correct”
- How Stacey’s current case in litigation began in 2014
- How answers and procedures differ from one district to another
- Why 85-95% of the cases settle out of court in both CA and NC unless special circumstances are present
- Why few students are put in non-public schools in NC, as compared to CA
- The challenges when a judge’s track record shows them never favoring the parent
- The challenges for small law firms because of non-attorney advocates in NC’s two-tier system
Thank you for listening!
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