CHILD FIND DUTY  
 
Authorities:  20 U.S.C. §§ 1401, 1412; 42 U.S.C. § 11434a; 34 C.F.R. Part 300; 19 T.A.C. Chapter 89 
 
 
 
FEDERAL AND STATE REQUIREMENTS CITATIONS
P All children with disabilities residing in the state, regardless of the severity of their disabilities, and who are in need of special education and related services, must be identified, located, and evaluated. 300.111(a)(1)(i)

P The term special education means specially-designed instruction, at no cost to the parents, to meet the unique needs of the child with a disability, including instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and instruction in physical education. 300.39(a)(1)

P The term specially-designed instruction means adapting, as appropriate to the needs of an eligible child under the Individuals with Disabilities Education Act, the content, methodology, or delivery of instruction: 300.39(b)(3)

P
  • To address the unique needs of the child that result from the child's disability; and
300.39(b)(3)(i)

P
  • To ensure access of the child to the general curriculum, so that the child can meet the educational standards within the jurisdiction of the local educational agency (LEA) that apply to all students.
300.39(b)(3)(ii)

P The term related services means transportation, and such developmental, corrective, and other supportive services as may be required to assist the child with a disability to benefit from special education. 300.34(a)

P The term child with a disability means the child was evaluated according to the EVALUATION frameworks and determined by an ADMISSION, REVIEW, AND DISMISSAL COMMITTEE to have an intellectual disability, a hearing impairment, a speech or language impairment, a visual impairment, a serious emotional disturbance, an orthopedic impairment, autism, traumatic brain injury, other health impairment, a specific learning disability, deaf-blindness, or multiple disabilities, and who, by reason thereof, needs special education and related services. 300.8(a)(1)

P In addition to students enrolled in the public schools, the Child Find duty extends to: 300.111(a)(1)(i)

P
  • Children with disabilities who are homeless or are wards of the state; and
300.111(a)(1)(i)
300.19
42 USC 11434a

P
  • Children with disabilities who are attending private schools.
300.111(a)(1)(i)

P The LEA in which the PRIVATE SCHOOL is located must comply with CHILD FIND FOR PARENTALLY-PLACED PRIVATE SCHOOL CHILDREN. 300.131

P The LEA must comply with the state's policies and procedures designed to prevent the inappropriate overidentification or disproportionate representation by race and ethnicity of children as children with disabilities, including children with disabilities with a particular impairment. 300.173

D Prior to REFERRAL FOR POSSIBLE SPECIAL EDUCATION SERVICES, the student should be considered for all support services available to all students such as: 89.1011(a)

P
  • Tutorial;
89.1011(a)

P
  • Remedial;
89.1011(a)

P
  • Compensatory;
89.1011(a)

P
  • Response to scientific, research-based intervention; and
89.1011(a)

P
  • Other academic or behavior support services.
89.1011(a)

 
 
Last Updated: Wednesday, May 13, 2015