Special Education News Special Education News to Know for to Know for

Building Administrators Building Administrators and Counselorsand Counselors

Child FindChild Find

Q1.Q1. What is Child Find? What is Child Find?

All public agencies that provide All public agencies that provide education to children have a federal education to children have a federal obligation to identify, locate, and obligation to identify, locate, and evaluate all children who are evaluate all children who are suspected of having a disability. suspected of having a disability.

What does that mean in plain What does that mean in plain English?English?

The district has an The district has an obligationobligation to to proactively proactively searchsearch for students who may for students who may have a disability.have a disability.

For example, the Child Find team for ages For example, the Child Find team for ages birth to 3 regularly visits hospitals, birth to 3 regularly visits hospitals, pediatrician’s offices and child care pediatrician’s offices and child care facilities in the district to leave information facilities in the district to leave information about Child Find and to identify any child about Child Find and to identify any child who may be suspected of having a who may be suspected of having a disability. disability.

Q2.Q2. What does it mean to What does it mean to “suspect” that a child has a “suspect” that a child has a

disability?disability?

A2.A2. When a parent, in writing, states that When a parent, in writing, states that their child might have a disability or their child might have a disability or requests a special education evaluation requests a special education evaluation that is reason enough to “suspect’ that the that is reason enough to “suspect’ that the child has a disability. Our Child Find child has a disability. Our Child Find obligation begins at this point in time and obligation begins at this point in time and we have 10 school days in which to we have 10 school days in which to respond to the parent.respond to the parent.

This request should immediately be This request should immediately be forwarded to the Special Education forwarded to the Special Education Department.Department.

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

Q3Q3. What if someone other than . What if someone other than the parent “suspects’ the student the parent “suspects’ the student

has a disability?has a disability? A3.A3. If If anyoneanyone, in writing, indicates that a child , in writing, indicates that a child

has a disability and/or should be evaluated for has a disability and/or should be evaluated for special education services our Child Find special education services our Child Find obligation remains the same. We must contact obligation remains the same. We must contact the parent and tell them another person suspects the parent and tell them another person suspects their child has a disability. their child has a disability.

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

Q4.Q4. Is discussing a student at building team Is discussing a student at building team equivalent to “suspecting” that a child has a equivalent to “suspecting” that a child has a

disability?disability? A4. A4. Not necessarily. It could simply mean Not necessarily. It could simply mean

the building team wants to begin Tier II or the building team wants to begin Tier II or Tier III interventions. However, if a Tier III interventions. However, if a student comes up to building team student comes up to building team repeatedly, and the Tier II or III repeatedly, and the Tier II or III interventions are not working then the interventions are not working then the team must consider whether they suspect team must consider whether they suspect the child has a disability.the child has a disability.

Parent requests a special Parent requests a special education evaluationeducation evaluation

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

That written response may either be a That written response may either be a REED (review of existing evaluation data) REED (review of existing evaluation data) and consent to evaluate or we may give and consent to evaluate or we may give them prior written notice that we are not them prior written notice that we are not going to evaluate at this time. going to evaluate at this time.

But either way there MUST be a response, But either way there MUST be a response, from the Special Education Department, in from the Special Education Department, in writing, within 10 school days. writing, within 10 school days.

Q5Q5. What if, after the initial request, a building . What if, after the initial request, a building administrator, counselor, or teacher talks to the parent and administrator, counselor, or teacher talks to the parent and

the parent decides they don't really want a Special the parent decides they don't really want a Special Education evaluationEducation evaluation??

A5A5. Unless the parent withdraws . Unless the parent withdraws their request for a special education their request for a special education evaluation, in writing, the Special evaluation, in writing, the Special Education Department must still Education Department must still respond to that parent, in writing, respond to that parent, in writing, within 10 school days. within 10 school days.

If the parent requests a special education evaluation If the parent requests a special education evaluation

in writing in writing

they must withdraw the request in writing.they must withdraw the request in writing.

If thee parent does withdraw their request, in writing, then If thee parent does withdraw their request, in writing, then the Special Education Supervisor assigned to the building the Special Education Supervisor assigned to the building will help the building team “close out” the request.will help the building team “close out” the request.

Q6Q6. Must the building team use an RtI . Must the building team use an RtI process prior to a special education process prior to a special education

evaluation?evaluation? A6.A6. The Rules & Regulations are tricky. The Rules & Regulations are tricky.

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

Q7. Q7. What if the parents request a special education evaluation but What if the parents request a special education evaluation but the building team is using an RtI process and believes the student will the building team is using an RtI process and believes the student will

make adequate progress given the appropriate interventions?make adequate progress given the appropriate interventions?

A7.A7. The Special Education The Special Education Department must still respond to Department must still respond to that parent, in writing, within 10 that parent, in writing, within 10 school days. school days.

Please contact the Special Education Please contact the Special Education Supervisor assigned to your building Supervisor assigned to your building ASAP.ASAP.

Q8.Q8. What happens if we miss the What happens if we miss the 10 school day deadline?10 school day deadline?

A8A8. We are out of compliance. . We are out of compliance. The parent may file a state The parent may file a state

complaint. If they file a complaint, complaint. If they file a complaint, we will be found out of compliance we will be found out of compliance and will be required to develop and and will be required to develop and implement a corrective action plan.implement a corrective action plan.

This becomes public knowledge. This becomes public knowledge.

Q9Q9. What if a new student enrolls . What if a new student enrolls and they have an IEP? and they have an IEP?

A9A9. If a student enrolls with an IEP . If a student enrolls with an IEP the Special Education Department the Special Education Department must be notified immediately.must be notified immediately.

The Special Education Department The Special Education Department must immediately begin to must immediately begin to implement the old IEP and determine implement the old IEP and determine if we need to evaluate.if we need to evaluate.

Q10.Q10. What if a student enrolls and the parent What if a student enrolls and the parent indicates their child did not receive special indicates their child did not receive special

education services, but we suspect they did ?education services, but we suspect they did ?

A10.A10. Please notify the Special Please notify the Special Education Department immediately.Education Department immediately. Under Child Find we have an Under Child Find we have an obligation to determine if a child is a obligation to determine if a child is a child with a disability.child with a disability.

Still Have Questions?Still Have Questions?

Please contact the Special Education Please contact the Special Education Department (248-489-3388) or any Department (248-489-3388) or any Special Education Supervisor for Special Education Supervisor for further assistance. We want to help.further assistance. We want to help.