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Do Schools Have Any Legal Obligation to Identify and Test Students?

06/03/08
by Wrightslaw

Several weeks ago, someone who was using the Special Education Law and Advocacy CD training program asked a question about the school’s legal obligation to identify and test students.

As a tutor who works with students struggling in reading and math, she was concerned about the number of her students who have never been tested or received any services, despite having continually performed below grade level.

These kids’ parents were unaware that they could request testing, or that their children might have a learning disability and be eligible for special education services.

Do you  have a struggling student?

If you have a student who is struggling and has not been evaluated or received any specialized help, read what IDEA 2004 says about the Child Find mandate.

As she learned more about advocacy, this tutor has helped parents request testing and get IEPs. She worries that for many kids, this is too little and too late. Many of her students were never identified and are now in middle school.

For parents, tutors, and others who read this and are not aware of these legal requirements – YES, schools are required to identify and evaluate all children who may have disabilities under the Child Find mandate. If you have a student who is struggling and has not been evaluated or received any help, read what IDEA 2004 says about Child Find.

The Individuals with Disabilities Education Act includes the Child Find mandate.  Schools are required to locate, identify and evaluate all children with disabilities from birth through age 21. (20 U.S.C. 1412(a)(3))

The Child Find mandate applies to all children who reside within a State, including:

  • children who attend private schools and public schools,
  • highly mobile children,
  • migrant children,
  • homeless children, and
  • children who are wards of the state.

This includes all children who are suspected of having a disability, including children who receive passing grades and are “advancing from grade to grade.” (34 CFR 300.111(c)) The law does not require children to be “labeled” or classified by their disability. (20 U.S.C. 1412(a)(3)(B); 34 CFR 300.111(d)).

For more information about these requirements, read “The Child Find Mandate: What Does it Mean to You?”

http://www.wrightslaw.com/info/child.find.mandate.htm

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59 Comments on "Do Schools Have Any Legal Obligation to Identify and Test Students?"


Maria
04/11/2015

What about home schooled students? Are the LEA’s still responsible under Child Find to provide special ed services for students that are home schooled?

nittanyjen
03/25/2015

The State of Delaware states that it has no obligation to students who attend “non-public” schools (ie homeschoolers). By my reading of the law, this cannot possibly be what is intended by the law; Delaware has simply given homeschoolers a new name (non-public, rather than public or private) in order to circumvent the law. Perhaps it is time to amend the Federal law to close this loophole. I don’t personally want any state intervention, but some families cannot financially shoulder the load of therapy on their own and need the assistance. They should not be forced back into the public school system wholesale to get it.

fatima
03/17/2015

I have a girl that have some LD and I contacted the district to do the test. I got a call back the same day promising that they will contact the private school that she goes to, but a more than a week pass by and nothing got done. I decide to call back and I did some promises that someone will call me. A week pass again nothing. I found this company that can do the test for affordable price and I made an app for her and did the test. They told me she needs therapy for 4 month but the price that were asking for was not realistic and I can not afford it. I just need to know what to do to find help for her. thank you

Vicky
03/16/2015

I wrote a letter to my daughters teacher to request a meeting to set up a 504 or IEP plan. This evening when I picked her up the teacher told me that they don’t have a teacher to teach Special ED or to test her IQ and to set up a 504 plan. She goes to a private school in Floyd County Ky., so my question is since its a state law that all schools even private schools to accommodate her needs and her teacher said that they don’t, what do I need to do next?

jamie
03/10/2015

My daughter finally received a 504 plan through her high school this fall. She is gifted and has LDs. She is dyslexic and ADHD. She needs extra time and a less distracting area for testing.

She is in an AP class, to take the SAT and for it to be valid in college. We found out on Jan 18 (all documentation due Feb 20) that there were specific testing required in order to use the accommodation given in her 504 that had never been done. Who is responsible for this testing? I would have thought this all should have been done prior to her receiving her 504. How do we get help???