In This Issue . . .
Circulation: 84, 816
ISSN: 1538-320
May 10, 2011
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Child Find requires all school districts to identify, locate and evaluate all children with disabilities, regardless of the severity of their disabilities.
Compliance with the Child Find mandate is not optional - it's mandatory.
In Compton v. Addison, the school district failed to identify or evaluate Addison who was failing academic classes, functioning years behind her peer group, and suffering from severe, disabling anxiety.
In this issue of the Special Ed Advocate, you'll learn about Child Find - what it is, who it is designed to protect, how it is to be implemented. Read a new article by Pete and Pam Wright about the case Compton Unified School District v. Addison.
Please don't hesitate to forward this issue to other friends, families, or colleagues.
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New! Compton v. Addison - Will the Supreme Court Hear This Case?
Despite clear signs that Addison had a disability and needed special education services, the district failed to evaluate her.
Sound familiar? There's more!
The District "chose to ignore Addison's disabilities" and argued that their "failure to assess her for eligibility for SLD services was attributable to neglect, rather than a refusal to act."
Does IDEA allow a parent to bring a claim of negligence against a school district? Read a new article by Pete and Pam Wright, Will Supreme Court Agree to Hear Child Find Case, Compton v. Addison? |
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What Does Child Find Mean to You?
Each state is responsible for ensuring that children with disabilities are identified and receive special education services.
What methods should school districts use to identify and locate children who may need special education services?
In The Child Find Mandate: What Does it Mean to You?, Pam Wright answers your questions about Child Find. What is the Child Find mandate? Why is it necessary? Who is it designed to protect? How is it implemented? |
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Child Find Requirements in IDEA 2004
The Individuals with Disabilities Education Act (IDEA) requires states to enact policies and procedures to ensure that:
“All children with disabilities … regardless of the severity of their disabilities, and who are in need of special education and related services, are identified, located, and evaluated …” 20 U.S.C. § 1412(a)(3)(A) - Wrightslaw: Special Education Law, 2nd Edition, Page 72.
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Caselaw
What happens if a school refuses to evaluate a child?
Law is always changing and evolving. Some courts have awarded damages under Child Find. Other courts have disallowed monetary damages in special education cases.
Jamie S. v. Milwaukee Public Schools, (E.D. WI 2007, Case # 01-C-928)
Knable v. Bexley, 238 F.3d 755 (6th Cir. 2001)
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