Child and Individuals with Disabilities Policy

Appalachian State University Academy at Middle Fork Child and Individuals with Disabilities Policy

I. Introduction

The purpose of this policy is to provide the Appalachian State University Academy at Middle Fork (hereinafter “Academy”) community with a framework for the Academy’s implementation of federal and state law pertaining to individuals with disabilities. The Academy is committed to providing equal opportunity and participation for individuals with disabilities.

II. Scope

This policy applies to all members of the Academy’s community with disabilities, including enrolled students, faculty, staff, and visitors.

III. Definitions

  1. “Child with a Disability, as defined by federal and state law, includes a child who:
    1.  has one of the following disabilities - an intellectual disability, a hearing impairment (including deafness), developmental delay (applicable only to children ages three through seven), a speech or language impairment, a visual impairment (including blindness), a serious emotional disturbance, an orthopedic impairment, autism, traumatic brain injury, other health impairment, a specific learning disability, deaf-blindness, or multiple disabilities; and 
    2. by reason of the disability needs special education and related services.
  2. An “Individual with a Disability,” as defined by federal and state law, is a person who: (a) has a physical or mental impairment which substantially limits one or more of such person's major life activities, (b) has a record of such an impairment, or (c) is regarded as having such an impairment.

IV. Students with Disabilities

In accordance with federal and state law, including the IDEA and Section 504, the Academy will work closely with Academy students and parents to identify, locate, and evaluate if a student is either a Child with a Disability or a student with a disability under Section 504.

If it is determined that an Academy student is a Child with a Disability, the Academy will work with the student and their parent(s), at no cost, to:

  1. identify and meet with the appropriate Individualized Education Program (IEP) team;
  2. determine the appropriate educational placement for the Child with a Disability in order to provide a specially designed instruction to meet the unique needs of the student; and
  3. identify and provide supportive services to assist the Child with a Disability to benefit from the special education the student is receiving.

 If it is determined that an Academy student is an Individual with a Disability, the Academy will work with the student and their parents(s), at no cost, to identify the appropriate accommodations and placement for the student.

Children with Disabilities Governance

The Academy will adhere to the policies established and governed by the North Carolina (NC) State Board of Education and the NC Department of Public Instruction which are outlined in Policies Governing Services for Children with Disabilities, as well as federal and state law concerning Children with Disabilities.

Rights of Parents

Parents of a Child with a Disability are entitled to certain rights under the IDEA. An explanation of those rights are provided in the Parent Rights and Responsibilities in Special Education (Spanish).

Parents concerned that their child is a Child with a Disability or an Individual with a Disability should contact the Multi-Tiered System of Support (MTSS) Lead referenced in the contact section below.

Complaints

Complaints concerning the implementation of this policy with respect to a Child with a Disability or their parent(s) may be directed to:

  1. the Academy’s Principal; or
  2. as otherwise prescribed in the Policies Governing Services for Children with Disabilities.

V. Employees with Disabilities

The Academy has designated the Office of Disability Resources (ODR) as the authorized office to receive requests by Individuals with Disabilities for employment-based accommodations, and to determine eligibility for reasonable workplace accommodations in accordance with Title I of the ADA.

Applicants seeking employment or employees who are seeking reasonable accommodations due to a disability in order to participate in the application process, perform essential job functions or have access to the Academy’s programs and activities must request accommodations to the ODR.  

VI. Visitors with Disabilities

The Academy welcomes visitors and guests with disabilities to participate in and attend programs and events in accordance with Title II and III of the ADA. Individuals with Disabilities who need accommodations, auxiliary aids/or services on the basis of a disability as a visitor or guest should contact the Academy’s main office. Requests for sign language interpreters or real time captioning should be made at least two (2) weeks prior to the event.

VII. Other Complaints

Complaints related to Section V and VI above concerning matters involving employees, visitors, or guests should be directed to the ADA/504 Coordinator referenced in the contact section below.

VIII. ADDITIONAL REFERENCES

Parent Rights and Responsibilities in Special Education (Spanish)

Policies Governing Services for Children with Disabilities (Addendums and other related material)

IX. AUTHORITY

20 U.S.C. § 1400 et seq., 34 C.F.R § 300 et seq.
29 U.S.C. § 794 et seq., 34 CFR § 104 et seq.
42 U.S.C. § 12101 et seq., 28 C.F.R. §§ 35-36 et seq.
N.C. Gen. Stat. § 116-239.5 et seq.
N.C. Gen. Stat. § 115C-106 et seq.
NC State Board of Education Policy - EXCP-000

X. CONTACT INFORMATION

ADA/504 Coordinator
Maranda R. Maxey
828-262-3056, maxeymr@appstate.edu

MTSS Lead
Amie Snow
336-748-4090, snowab@appstate.edu

Middle Fork Main Office
Melanie Hicks-Lane
336-748-4090, hickslanem@appstate.edu

Principal & Policy Inquiries
Tasha Hall-Powell
336-748-4090, hallpowelltmappstate.edu

XI. Original Effective Date

July 27, 2020