1. Special Education News to Know for Building Administrators and Counselors Child Find

2. Q1. What is Child Find?  All public agencies that provide education to children have a federal obligation to identify, locate, and evaluate all children who are suspected of having a disability.

3. What does that mean in plain English?  The district has an obligation to proactively search for students who may have a disability.  For example, the Child Find team for ages birth to 3 regularly visits hospitals, pediatrician’s offices and child care facilities in the district to leave information about Child Find and to identify any child who may be suspected of having a disability.

4. Q2. What does it mean to “suspect” that a child has a disability?  A2. When a parent, in writing, states that their child might have a disability or requests a special education evaluation that is reason enough to “suspect’ that the child has a disability. Our Child Find obligation begins at this point in time and we have 10 school days in which to respond to the parent.  This request should immediately be forwarded to the Special Education Department.

5.  While, technically, the request is supposed to be in writing, the FPS Special Education Department would also add that if you have conversation with a parent and they state they think their child has a disability or that they would like their child to be evaluated you should also consider that reason to “suspect” a disability. Encourage them to put this request in writing, but even if they don’t, please contact the Special Education Department immediately.

6. Q3. What if someone other than the parent “suspects’ the student has a disability?  A3. If anyone, in writing, indicates that a child has a disability and/or should be evaluated for special education services our Child Find obligation remains the same. We must contact the parent and tell them another person suspects their child has a disability.

7.  However, just general discussion about students who are struggling does not necessarily constitute a suspicion. Teachers and staff talk about students all the time. If we evaluated every student that was ever discussed the entire student body would be evaluated. There are many reasons why students struggle and every student who struggles does not necessarily require special education services. A special education evaluation should be considered after appropriate instruction and intensive interventions have not been successful.

8. Q4. Is discussing a student at building team equivalent to “suspecting” that a child has a disability?  A4. Not necessarily. It could simply mean the building team wants to begin Tier II or Tier III interventions. However, if a student comes up to building team repeatedly, and the Tier II or III interventions are not working then the team must consider whether they suspect the child has a disability.

9. Parent requests a special education evaluation  If a parent request a special education evaluation from any member of the FPS professional staff, the Special Education Department must be notified immediately. Under Child Find regulations the Special Education Department has 10 school days to respond to that parent in writing.

10.  That written response may either be a REED (review of existing evaluation data) and consent to evaluate or we may give them prior written notice that we are not going to evaluate at this time.  But either way there MUST be a response, from the Special Education Department, in writing, within 10 school days.

11. Q5. What if, after the initial request, a building administrator, counselor, or teacher talks to the parent and the parent decides they don't really want a Special Education evaluation ?  A5. Unless the parent withdraws their request for a special education evaluation, in writing, the Special Education Department must still respond to that parent, in writing, within 10 school days.

12.  If the parent requests a special education evaluation in writing in writing they must withdraw the request in writing.  If thee parent does withdraw their request, in writing, then the Special Education Supervisor assigned to the building will help the building team “close out” the request.

13. Q6. Must the building team use an RtI process prior to a special education evaluation?  A6. The Rules & Regulations are tricky.  The IDEA Federal Regulation [§300.306 (b) (1)] specifically states that a child must not be determined to be a child with a disability if the determining factor is lack of appropriate instruction in reading or math. At the same time the Office of Special Education Programs (2011) has ruled that the use of RtI does not diminish the district’s obligation under the IDEA to obtain parental consent and evaluate the student in a timely manner. Contact the Special Education Supervisor assigned to your building for guidance.

14. Q7. What if the parents request a special education evaluation but the building team is using an RtI process and believes the student will make adequate progress given the appropriate interventions?  A7. The Special Education Department must still respond to that parent, in writing, within 10 school days.  Please contact the Special Education Supervisor assigned to your building ASAP.

15. Q8. What happens if we miss the 10 school day deadline?  A8. We are out of compliance.  The parent may file a state complaint. If they file a complaint, we will be found out of compliance and will be required to develop and implement a corrective action plan.  This becomes public knowledge.

16. Q9. What if a new student enrolls and they have an IEP?  A9. If a student enrolls with an IEP the Special Education Department must be notified immediately.  The Special Education Department must immediately begin to implement the old IEP and determine if we need to evaluate.

17. Q10. What if a student enrolls and the parent indicates their child did not receive special education services, but we suspect they did ?  A10. Please notify the Special Education Department immediately. Under Child Find we have an obligation to determine if a child is a child with a disability.

18. Still Have Questions?  Please contact the Special Education Department (248-489-3388) or any Special Education Supervisor for further assistance. We want to help.