Attorneys representing Cumberland County Schools are asking a federal judge to dismiss a lawsuit alleging the district unlawfully delayed special education evaluations, arguing the plaintiffs failed to complete required administrative procedures before filing suit and have not presented legally sufficient claims.

The May 1 motion from Mary Webb, Amie Sivon, and Edward Coleman—attorneys with Raleigh-based law firm Ragsdale Liggett—was filed on behalf of the Cumberland County Board of Education, Ayanna Richard—the executive director for Exceptional Children’s Services who now serves as principal of A.B. Wilkins High School—and Sherwood Park Elementary School Principal Shannon Booth. 

The filing asked U.S. District Court Judge James Dever to dismiss the amended complaint, which expanded the original lawsuit filed in November by adding a fourth student plaintiff and additional legal claims.

The lawsuit was filed by Cynthia Lee, a former teacher at Sherwood Park Elementary, and three former second-grade students. The suit alleged Cumberland County Schools violated the Individuals with Disabilities Education Act (IDEA) by delaying or denying special education evaluations for students suspected of having disabilities. The complaint accused the district of improperly requiring students to complete all tiers of its Multi-Tiered System of Supports (MTSS) before initiating IDEA evaluations, resulting in unlawful delays. Schools use MTSS as a framework to provide increasing levels of academic or behavioral intervention before referring a student for special education.

In February, CityView reported that the lawsuit followed a 2025 investigation by the N.C. Department of Public Instruction that found Cumberland County Schools’ special education evaluation practices were “inconsistent” with federal law and state policy. The state ordered the district to complete corrective actions, including staff training, and has continued monitoring the district’s compliance.

In the motion to dismiss, the school district’s attorneys argued the student plaintiffs’ claims should be thrown out because they failed to first exhaust the administrative remedies required under IDEA.

“The IDEA clearly establishes that litigants may not file a civil action in court unless they first exhaust their administrative remedies,” the attorneys wrote.

According to the filing, there are “no allegations and no evidence to show” that three of the student plaintiffs sought due process hearings through the state’s Office of Administrative Hearings before filing the federal lawsuit. Attorneys also argued claims involving one student plaintiff should be dismissed because the school district ultimately agreed to conduct the student’s initial evaluation, leaving “no live controversy before this Court.”

The plaintiffs argued they were not required to exhaust those administrative remedies because the lawsuit alleged systemic violations of IDEA. They contend Cumberland County Schools maintained a practice of using MTSS to delay referrals for special education evaluations.

Attorneys for the school district disputed that allegation.

“Defendant CCBOE has no such policy,” the motion stated, calling the claim “just a conclusory assertion without support.”

The filing also asked the court to dismiss claims brought under federal civil rights law, arguing the complaint does not sufficiently allege discrimination.

“These contentions do not amount to discrimination,” the attorneys wrote.

District Disputes Retaliation Allegations

The motion also asked the court to dismiss claims against Richard and Booth. The attorneys argued that the board of education is the proper defendant in the case and that the federal law cited by the plaintiffs does not allow those claims to proceed against individual administrators. The filing also challenged claims brought by Lee, who alleged she faced retaliation after raising concerns about the district’s special education practices and was constructively discharged—essentially being involuntarily terminated—from her teaching position at Sherwood Park Elementary.

According to the motion, Lee voluntarily resigned and has not alleged working conditions severe enough to constitute constructive discharge.

“Frustrations, challenges and disappointments do not rise to the level of constructive discharge,” the attorneys wrote.

The plaintiffs opposed the motion to dismiss the lawsuit, arguing it alleged systemic violations of federal special education law and should proceed.

While the court has not ruled on the motion, the case continues to move forward. On July 7, Dever ordered attorneys for both sides to meet by August 6 to develop a plan outlining how they will exchange evidence and prepare the case for trial. The proposed plan must be submitted to the court within 14 days of that meeting.