East McDowell Middle School

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IDEA Information

Child Find Project

Child Find is a component of Individuals with Disabilities Education Act (IDEA) that requires states to identify, locate, and evaluate all children with disabilities, aged birth to 22, who are in need of early intervention or special education.  Referrals may be made to any school or to the Exceptional Children’s department


Authority of School Personnel and Case-by-Case Determination    School personnel may consider any unique circumstances on a case-by-case basis when determining whether a change of placement, made in accordance with the following requirements related to discipline, is appropriate for a child with a disability who violates a school code of student conduct. Note: A removal is usually called an out-of-school suspension (OSS), but it may also include any time the school calls and asks you to pick up your child before the end of the school day because of disciplinary reasons. It also includes in-school-suspension (ISS) if services are not provided to your child, and suspension from the bus, IF transportation is a related service for child’s IEP.

General To the extent that they also take such action for children without disabilities, school personnel may, for not more than 10 school days in a row, remove a child with a disability who violates a code of student conduct from his or her current placement to an appropriate interim alternative educational setting, another setting, or suspension. School personnel may also impose additional removals of the child of not more than 10 school days in a row in that same school year for separate incidents of misconduct, as long as those removals do not constitute a change of placement.

Once a child with a disability has been removed from his or her current placement for a total of 10 school days in the same school year, the school district must, during any subsequent days of removal in that school year, provide services to the extent required below under the sub-heading Services.

If the behavior that violated the student code of conduct was not a manifestation of the child’s disability and the disciplinary change of placement would exceed 10 school days in a row, school personnel may apply the disciplinary procedures to that child with a disability in the same manner and for the same duration as it would to children without disabilities, except that the school must provide services to that child as described below under Services. The child’s IEP Team determines the interim alternative educational setting for such services.

Transfer Students

Transfers within McDowell County Schools

Students with IEPs are assigned to the school they would normally attend based on attendance zone or a parent’s school choice. However, changes to school assignment will be made when the goals, objectives, services and/or the accommodations on the IEP cannot be implemented at the attendance zone or choice school.

If it is determined that a student’s IEP cannot be implemented at the student’s attendance zone or choice school, then the student will be assigned to a school that can implement the IEP within the region of the attendance zone school.

If it is determined that a student’s IEP cannot be implemented at the regional school because of class size, transportation issues, accessibility and/or other factors, then Special Education and Related Service will determine the school assignment.

Dispute Resolution

Any person who has a concern about the education of a student with a disability can raise the issue in one of several ways. For example, it is always appropriate to: discuss the matter with the student's teacher or principal at the local school, or it is also helpful to contact the Director of Exceptional Children Program in the central office of the school system, charter school, or state operated program.

The Exceptional Children Division's consultants for dispute resolution and consultants for instructional support and related services are also able to offer consultation to assist parents, advocates, or school system, charter school, or state operated programs personnel who request help with problem-solving.

Consultants at the Department of Public Instruction are neutral and refrain from taking sides when there is a disagreement, but consistently advocate for appropriate services for children with disabilities. They are committed to the protection of rights for children with disabilities and their parents.

An informal means of problem solving is provided through the Exceptional Children Division's Facilitated IEP Program for school systems, charter schools, state operated programs, and parents.

Formal means for dispute resolution are also available through the Department of Public Instruction, Exceptional Children Division. These options are requirements of federal and state laws governing special education - Individuals with Disabilities Education Improvement Act (IDEA), and Policies Governing Services for Children with Disabilities.

When there is an unresolved disagreement over identification, evaluation or educational placement of a child with a disability or the provision of free appropriate public education, the options for dispute resolution are mediation, formal written complaint, and due process hearing. A formal complaint filed on the same issue(s) as contained in a petition for a due process hearing will not be investigated. These options are also available to the adult student who has reached the age of majority (18), unless legally deemed incompetent or unable to make educational decisions.

For more information please contact:

Department of Exceptional Children Programs at 652-6580