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CHILD FIND

• IDEA– School districts have an affirmative duty to locate and

identify children in need of special education services. 20 U.S.C. § 1412(3)(A).• Includes the duty to locate children who do not attend

public schools.

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CHILD FIND

– Federal Authorities• Individuals With Disabilities Education Act

(IDEA), 20 U.S. C. § 1400 et al. Regulations are located at 34 C.F.R. Part 300 and 303. – Connecticut and other states that elect to receive funds

under Part B of the IDEA must provide a “free appropriate public education” to eligible children with disabilities between the ages of 3 and 21 in accordance with the federal IDEA statutes and regulations. It further provides for early intervention services for infants and toddlers

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CHILD FIND

Who is eligible for special education services under the IDEA?• A child with a disability (ages 3 to 21) who has a

physical, mental or emotional impairment and who, by reason thereof, needs special education and related services. 20 U.S.C. § 1401(3).

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CHILD FIND

• A child aged 3 through 9, at the discretion of the State (age 6 in CT) and local education agency, who is experiencing developmental delays, as defined by the State, in the areas of physical, cognitive, communication, social, emotional or adaptive development and who, by reason thereof, needs specially designed instruction and related services. 20 U.S.C. § 1401(3).

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CHILD FIND

• Specifically includes: a child who has an intellectual disability, a hearing impairment (including deafness), a speech or language impairment, a visual impairment (including blindness), a serious emotional disturbance, an orthopedic impairment, autism, traumatic brain injury, other health impairment, specific learning disability, deaf-blindness, or multiple disability, who, by reason thereof, needs special education and related services.

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CHILD FIND: Secondary Level

• In Connecticut, a child is eligible for special education services through the end of the year in which the child turns 21. Because the school year is defined as commencing on July 1, a student who turns 21 on July 1 or later is eligible for services through the entire school year.

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CHILD FIND: Secondary Level

• Connecticut also defines a student who is pregnant as being eligible for special education and related services. Ct. St. Reg. §10-76d-2(l)

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CHILD FIND: Elementary and Secondary

• Ct. St. Reg. 10-76d-7 mandates…

prompt referral to a PPT of all children who have been suspended repeatedly or whose behavior, attendance or progress in school is considered unsatisfactory or at a marginal level of acceptance.

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13 Primary Disabilities (Brain Break)

ID= Intellectual Disability

HI= Hearing Impairment

LSH=Speech and Language

VI=Visual Impairment

ED=Emotional Disturbance

OHI=Other Health Impaired

SLD=Specific Learning Disability

OI=Orthopedic Impairment

Deaf-Blind MD= Multiple Disabilities

AUT=Autism Spectrum Disorder

TBI=Traumatic Brain Injury

DD=Develop-mental Delay

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EVALUATION

• Informed parental consent must be obtained prior to conducting an initial evaluation or re-evaluation. 20 U.S.C. § 1414(a)(1)(D); 20 U.S.C. § 1414(c)(3); 34 C.F.R. §300.300.– Informed consent for a re-evaluation may not need to be

provided if the local educational agency can show that it took reasonable measures to obtain consent and the parents failed to respond. 20 U.S.C. § 1414(c)(3).

• Who may request an evaluation?– Parent or school personnel– Under state law, referrals for special education may also be made

by a physician, clinic or social worker. Ct. St. Reg. 10-76d-7.

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EVALUATION

• Timeline for initial evaluation

– IDEA provides 60 calendar days of receiving parental consent for the evaluation 34 C.F.R. §300.301(c)

– Timeline does not apply if parent repeatedly fails or refuses to produce the child

– State law provides that evaluation and program implementation must be conducted within 45 school days of the referral or notice. Ct. St. Reg. 10-76d-13.

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EVALUATION

• Parent’s refusal to permit evaluation

– For initial consent for evaluation only, the District has a right to request due process to pursue the initial evaluation. 34 C.F.R. §300.300(a)(3)(i). The District is not considered to have violated child find if it does not pursue due process.

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EVALUATION

• Reevaluation 34 C.F.R. §300.303

– May occur whenever parent or school requests it

– Unless both sides agree, may not be required to evaluate more than one time in a year

– Under the IDEA, re-evaluations must be conducted whenever conditions warrant it, but no less than once every three years, unless both sides agree it is not necessary. 34 C.F.R. §300.303(b)(2).

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EVALUATION

Independent Educational Evaluations

– Parents have a right to obtain an independent educational evaluation at public expense if they disagree with an evaluation done by the school.

– The school may initiate a due process hearing to show the school's evaluation is appropriate.

– If the school evaluation is found to be appropriate, the parents may still present the private evaluation, but at their own expense.

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PPT

• Parental notification of PPT meeting must be made at least 5 days prior to the meeting

• The District must notify parents five days before proposing to, or refusing to, initiate or change the child’s identification, evaluation or placement. Ct. St. Reg. 10-76d-8.

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• Composition of the IEP Team: 20 U.S.C. § 1414(d)(B); 34 C.F.R. §300.321.– The parents of the child;– At least one current regular education teacher of the

child;• If the child is or may be participating in the regular

education environment.• If the student does not have a regular education teacher,

the team should include a regular education teacher with whom the child is likely to be placed for any portion of the day.

PPT

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PPT

– At least one special education teacher;– A representative of the local educational agency who:

• Is qualified to provide, or supervise, the provision of special education;

• Is knowledgeable about the availability of school resources.

– An individual who can interpret the evaluation results, i.e. psychologist

– Any person with knowledge or special expertise about the child invited by the parent or the school;

– The student, when appropriate; and

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– With parental consent, the District must invite a representative of any participating agency that is likely to be responsible for providing or paying for transitional services.

– Members of the IEP team may be excused if the parent and district agree in writing.

Connecticut law requires that the PPT team consist of representatives of the teaching, administrative and pupil personnel staff. Ct. St. Reg. §10-76a-1(p).

PPT

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ELIGIBILITY

Determination of eligibility– The District has an obligation to explore every area of

suspected disability.– A variety of assessment tools must be used to gather

information, including information from the parents. 34 C.F.R. §§ 300.304, 300.305.• No single test or procedure should be used as the sole

criterion to determine whether the child has a disability.

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ELIGIBILITY

• The team must determine:– if the child has a disability or continues to have a

disability;– present levels of performance;– present educational needs of the child;– if the child needs or continues to need special

education and related services; – modifications needed to participate in and benefit from

the general education curriculum

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ELIGIBILITY

• Parental notification of PPT meeting must be made at least 5 days prior to the meeting

• The District must notify parents five days before proposing to, or refusing to, initiate or change the child’s identification, evaluation or placement. Ct. St. Reg. 10-76d-8.

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Developing the IEP

20 U.S.C. § 1414(d)(A), 34 C.F.R. §300.320.• A statement of the child’s present levels of education

and a statement of how the child’s disability affects his/her involvement and progress in the general curriculum.

• A statement of measurable annual goals;

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Developing the IEP

• A statement of specially-designed instruction and related services and supplementary aids and services to be provided to the child and a statement of program modifications or supports for school personnel that is designed to enable the child to:

– advance appropriately toward attaining the annual goals;– enable the child to be involved in and progress in the

general curriculum;– enable the child to participate in extracurricular and other

nonacademic activities.• Related services including the frequency, duration, and

grouping (individual or group) of those services.

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FAPE

• What is a Free Appropriate Public Education (FAPE)?

• “free”– At public expense.– May, with parents’ consent, use public or private

insurance to pay for some or all of the services provided.

• “appropriate” – No clear cut definition.– This is what most due process hearings are about.

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FAPE

• A procedural violation is enough for a hearing officer to find that the district did not provide FAPE. The hearing officer may find this if the procedural violation: – impedes the right of the child to FAPE, – significantly impedes the parent’s right to participating in the

IEP team process, or – causes a deprivation of educational benefit. 20 U.S.C. §1415(f)

(3)(E).– one Connecticut Court found that the district denied the child

FAPE when it failed to ensure the parent’s attendance at the PPT meeting to plan for the upcoming school year. Mr. and Mrs. M. v. Ridgefield Board of Education (D. Conn. 2007).

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FAPE

• A student's failure to make progress does not mean the IEP was inappropriate at the time it was drafted.– Failure to revise an IEP when a student is not making

progress is a violation of FAPE• The availability of a better or optimal program also

does not make the IEP inappropriate.

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FBA and BIP

• Who?• What?• When?• Where?• Why?• Replacement Behaviors: Redirect, Reinforce• Monitoring with Data