3520 - Special Education ProgramsRights of Disabled Students ## Special Education Programs/ ## Rights Of Students With Disablities
The Avery County Board of Education requires that all special education programs that are operated in this school district be in compliance with Procedures Governing Programs and Services for Children with Disabilities as adopted by the State Board of Education.
All children with disabilities will be accorded rights as required by federal and state law. See also board policy 7500, Nondiscrimination on the Basis of Disabilities.
The residence of a child with disabilities shall be determined in accordance with G.S. 115C-366 and policy 4120, Domicile or Residence Requirements.
The board encourages parents, guardians, surrogate parents, custodians, eligible students and school personnel to work cooperatively to ensure that the special needs of students are met. Parents shall be provided with information about their rights, the rights of their child, and the responsibilities of the school system toward meeting the special needs of their child.
Legal References: Americans with Disabilities Act, 42 U.S.C. 12131 et seq., 28 C.F.R. pt. 35; Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq., 34 C.F.R. pt. 300; Rehabilitation Act of 1973, 29 U.S.C. 705(20), 794, 34 C.F.R. pt. 104; G.S. 115C art. 9; 115C-366, -390.5 through -390.12; Policies Governing Services for Children with Disabilities, State Board of Education Policy EXCP-000
Cross References: Nondiscrimination on the Basis of Disabilities (policy 1730); Domicile or Residence Requirements (policy 4120)
Revised: 2007-09-26 2008-09-08 2017-04-28