Who has the Burden of Implementing Child Find?

Due to this mandate, the primary responsibility for identifying, locating, and evaluating students with disabilities falls on the State Education Agency (SEA) and Local Educational Agencies (LEAs) or school district at no cost to families. This means that states and LEAs must actively engage in Child Find activities, ensuring that no child who may need special education services is overlooked, and these objectives are further codified in sections of federal and state law, and corresponding court and agency decisions. This is evident in the implementing regulation of IDEA, 34 C.F.R. §300.111 which provides that:

"The State must have in effect policies and procedures to ensure that— (i) All children with disabilities residing in the State, including children with disabilities who are homeless children or are wards of the State, and children with disabilities attending private schools, regardless of the severity of their disability, and who are in need of special education and related services, are identified, located, and evaluated."

Another relevant implementing regulation provides that once a child is suspected of having a disability, the LEAs are required to conduct a comprehensive initial evaluation to determine eligibility for special education services in 34 C.F.R. §300.301:

“A public agency must conduct a full and individual initial evaluation before the initial provision of special education and related services to a child with a disability”

If you believe that your school district has failed to fulfill its Child Find obligations, or if you are unsure about the first steps toward securing educational support and equity for your child, contact us at WNYFACES today through our contact submission page. We are here to advocate, inform, and empower children, families, and individuals throughout this special education process.