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Special Education Law Tips
January 2017
2 Things that will help your child with school
We know you don't have a ton of spare time, so we designed our newsletter to have 2 (brief) Things about special education law. Feel free to share. Thank you!
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What is #ChildFind ?
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You may have recently noticed a popular hashtag #ChildFind on social media. What is it exactly?
#ChildFind is a reference to the legal obligation of schools to identify children that have a disability which interferes with their education. Each State that receives federal funding (see Thing 2) is required to have a child find system enabling them to identify, locate, and evaluate all children with disabilities, aged birth to 21 (not just very young children), who are in need of early intervention or special education services.
The child find system must have 4 elements: (1) a way to disseminate information to make the public aware of child find and eligibility for services; (2) procedures to refer such children for evaluation and diagnosis as rapidly as possible; (3) screening of those children for IDEA eligibility; and (4) determination of eligibility for services under IDEA via an IEP (or for very young children, an Individualized Family Service Plan or IFSP).
Failure to have a child find system can result in serious penalties to a state, including loss of federal funding. Failure of a school district to identify and evaluate a child with a disability is a violation of the law and grounds for a claim against the school.
For more information, visit the Understood.org page on #ChildFind or contact us for a 30 Minute Consultation.
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Why Federal Funding is Important
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One of the most frequent questions I get is why private schools won't implement or enforce an IEP (or 504 Plan). The most common answer is that the private school in question doesn't receive federal funding. Why is that important?
Under IDEA and 504, an education institution (a school) that receives federal funds must have a program to protect the rights of children with disabilities and their families. If a school (such as a Catholic school) doesn't receive federal funds, it doesn't have to comply with these special education laws. (However, all schools must comply with the ADA regardless of funding.)
The U.S. Department of Education is the source of these funds and it has the responsibility to monitor each state's program for compliance. In order to qualify for the funding, each state must ensure that every student with a disability receives a “free appropriate public education” (FAPE). The state department of education must submit a plan to the USDOE setting forth how it meets all of the requirements for students with disabilities.
Once the state has submitted a sufficient plan, it qualifies for grants for such children with disabilities. However, states can lose those funds for inadequate plans or not implementing the plan.
If you are not sure whether your school district receives federal funds, you can send a Freedom of Information Request to the school district or contact us.
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