KGK Special Ed Law Blog: Child Find

KGK Special Ed Law Blog: Child Find

CHILD FIND
All children
with disabilities, including children with disabilities who are homeless
children or are wards of the State – and children with disabilities attending
private schools – regardless of the severity of their disabilities, and who are
in need of special education and related services, must be identified, located,
and evaluated and a practical method is developed and implemented to determine
which children with disabilities are currently receiving needed special
education and related services. 

Each State is required to
have policies and procedures to ensure that “all children with disabilities . .
. including children with disabilities who are homeless children or are wards
of the State, and children with disabilities attending private schools,
regardless of the severity of their disability, and who are in need of special
education and related services, are identified, located and evaluated.”   This obligation is known as the “child find”
requirement.  IDEA requires Child Find
to include “children who are suspected of being a child with a disability …
even though they are advancing from grade to grade.” The IDEA “child find” mandate is an
affirmative ongoing obligation for schools.
Arizona in turn requires
each public education agency (school districts and charter schools) to identify
and evaluate all students suspected of having a disability, and to have
policies and procedures in place for such identification and evaluation.
Thus, at least in Arizona, the threshold is
very low, requiring nothing more than a suspicion.
A school’s Child Find
obligation is triggered where there is knowledge of, or reason to suspect a
student has a disability, and reason to suspect that a student may need special
education services to address that disability.  The
threshold for suspecting that a child has a disability is relatively low.  A school’s appropriate inquiry is whether the
child should be referred for an evaluation, not whether the child actually
qualifies for services. 
Beyond the initial 45-day
screening, under Child Find, schools are obligated not only to seek out
disabled students, but to also evaluate or provide services when it has
“knowledge” of a disabled child. 
Knowledge includes poor grades, behavioral concerns, and/or “off-task”
classroom behavior.  Parents expressing concern their child might
have autism may trigger an evaluation.  Reported anxieties also trigger the
obligation to evaluate.  
Thus, there are no magic
words that trigger the duty to evaluate; there need be nothing more than
suspicion, possibility, or concern.  The
suspicion threshold is relatively low because the key is not whether the child
actually qualifies for special education services, but whether the child should
be referred for an evaluation. 
The school district
responsible for child find:
·        
Non-profit
private schools district in which non-profit school is located. 
·        
For-profit
private schools, the district where the parent resides. 

Under
Arizona statutes, homeschooled students are considered private school students. 

Charter schools are responsible for child
identification activities for students enrolled in the charter school.  However, charter schools are not responsible
for outreach under the child find regulations because charter schools have no
specific geographical boundaries.

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