Special Education Programs/Rights of Students with Disabilities Policy 3520

Purpose

ENCSD is committed to providing a free appropriate public education (FAPE) to all enrolled students with disabilities, in accordance with their individual needs and the requirements of federal and state laws, including the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, the Americans with Disabilities Act (ADA), North Carolina General Statutes, and State Board of Education policies. This policy affirms the rights of students with disabilities and ensures access to specially designed instruction, supports, and services to enable meaningful participation in academic, social, and developmental activities.

I. Eligibility and Identification

ENCSD shall identify, locate, and evaluate all enrolled children with disabilities who may require special education and related services, consistent with federal and state child find obligations (34 C.F.R. § 300.111; N.C.G.S. § 115C-107.3).
Eligibility is determined by a multidisciplinary team in accordance with IDEA and North Carolina criteria for recognized disability categories.

II. Individualized Education Programs

Every student with a disability at ENCSD shall have an IEP developed, reviewed, and revised at least annually by the IEP team, in accordance with IDEA (20 U.S.C. § 1414; 34 C.F.R, §§ 300.320-300.324; N.C.G.S. § 115C-107.6).

Each IEP will:

Be tailored to the student's unique strengths, needs, and primary communication mode, including American Sign Language (ASL) or other appropriate modalities.
Include measurable annual goals aligned with the North Carolina Standard Course of Study or Extended Content Standards.
Provide necessary accommodations, modifications, supports, and services to ensure access to the general curriculum in the least restrictive environment (LRE).
Be implemented in accordance with timelines and procedurals safeguards required by law.

III. Least Restrictive Environment

ENCSD is recognized as the least restrictive environment for students who are deaf or hard of hearing, as required by IDEA and North Carolina House Bill 11 (2023-2024).

IV. Procedural Safeguards and Parent Rights

ENCSD ensures the rights of students with disabilities and their parents or guardians are protected through:

Timely written notice of proposed or refused actions
Informed parental consent
Access to independent educational evaluations
Access to educational records
Participation in meetings related to identification, evaluation, placement, and provisions of FAPE
Dispute resolution processes, including mediation, and due process hearings (20 U.S.C. § 1415; 34 C.F.R. §§ 300.500-300.536; N.C.G.S. § 115C-109.1).

A copy of the Parents’ Rights Handbook will be provided at required intervals and upon request in a format accessible to the family, including sign language interpretation or written translation as needed.

V. Discipline of Students with Disabilities

Students with disabilities are subject to disciplinary measures in accordance with IDEA, state regulations, and ENCSD policy 4307 (34 C.F.R. §§ 300.530-300.536).

For any suspension exceeding 10 consecutive or cumulative days:

Manifestation Determination Reviews (MDRs) must be conducted.
If behavior is a manifestation of the disability, the IEP team reviews the IEP and determines appropriate interventions or changes in placement.
If not a manifestation, standard procedures apply, but FAPE must continue during extended removals.

VI. Section 504 and ADA

ENCSD remains prepared to meet obligations under Section 504 and the ADA should the need arise, ensuring non-discrimination and accessibility (29 U.S.C. § 794; 42 U.S.C. § 12101).

VII. Transition Planning

Beginning no later than the first IEP in effect when the student turns 16, transition goals and services are developed to support the student’s post-secondary education, employment, and independent living goals, based on age-appropriate assessment and student and family input (34 C.F.R. § 300.320(b); N.C.G.S. § 115C-107.6).

VIII. Confidentiality

ENCSD protects the confidentiality of all personally identifiable information in accordance with the Family Educational Rights Act (FERPA), IDEA and state law (20 U.S.C. § 1232g; 34 C.F.R. Part 99; 34 C.F.R. § 300.610-300.626).

IX. Nondiscrimination and Access

ENCSD does not discriminate on the basis of disability and ensures access to academic programs, extracurricular activities, facilities, and related services as required by IDEA, Section 504, and the ADA.
Facilities, communications, and transportation shall be fully accessible to students with disabilities.

X. Compliance and Monitoring

ENCSD maintains internal procedures for compliance with all federal and state special education laws and NCDPI monitoring requirements.
Staff receive regular training in the student rights, IEP implementation, accommodations, accessibility, and equity in education.

XI. Accessibility

ASL interpreters and communication access services will be provided for all policy-related proceedings, including investigations, meetings, and appeals, as required by the Americans with Disabilities Act (42 U.S.C. § 12101) and IDEA. All communications are available in accessible formats including ASL and captioned content, upon request. OSHR Reasonable Accommodation Procedures shall guide implementation.

Legal References

Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq.; 34 C.F.R. Part 300
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794
Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq.
Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g; 34 C.F.R. Part 99
North Carolina General Statutes, Article 9 (N.C.G.S. § 115C-106.1 et seq.)
North Carolina House Bill 11 (Session Law 2023-10)
OSHR Reasonable Accommodation Procedures

This policy shall be reviewed and updated periodically to ensure continued compliance with all applicable laws, regulations, and best practices for serving deaf and hard of hearing students.

Policy