Child Find is a process designed to locate children, birth through age 21, for the purpose of locating, identifying and evaluating children who are suspected of having disabilities and who may be in need of Special Education services. Early identification of disabilities assists parents, students and schools in the design of appropriate educational services.

Identification and Referral (Child Find)

A.  Identification

The purpose of child find is to locate, evaluate and identify children with suspected disabilities in need of special education services including those who are not currently receiving special education and related services and who may be eligible for those services. Activities are to reach:

  1. Children residing in the school district boundaries including preschool-aged children;
  2. Children attending private elementary and secondary schools located within the district boundaries. Elementary or secondary schools includes public schools, nonprofit institutional day or residential schools and private schools;
  3. Highly mobile children (such as homeless, foster care and migrant children);
  4. Children who have a disability and may need special education services even though they are advancing from grade to grade; and
  5. Children at home or home schooled.

The district will consult with parents and representatives of private school students to ensure its child find activities are comparable in private schools located within district boundaries. These consultations will occur annually.

The district reaches students who may be eligible for special education services through:

  1. Information regarding child find on the district’s Web site;
  2. Notification to private schools located in the district’s boundaries;
  3. District informational mailings;
  4. Notifying and coordinating with the designated Part C lead agencies;
  5. Early childhood screenings conducted by the district;
  6. Coordination with other public and private agencies and practitioners;
  7. Written information provided to district staff on referral procedures;
  8. Training teachers and administrators on referral/evaluation/identification procedures; and
  9. Review of student behavior, discipline and absentee information and information gathered from district-wide assessment activities.

When district staff have concerns that a student may have a suspected disability which could result in eligibility for special education services, they will notify their principal and school student assistance team (SAT).

The district’s special education department conducts early childhood screenings for ages three to five.  These occur weekly at the preschool. Screenings between birth to three take place at the Opportunity Council in Bellingham. When parents or others inquire about screenings; the caller will be referred to district special education department at the district office.

The screening process involves the following:

  1. Parents are asked to provide information to assist in assessing their child; and
  2. Children are screened to assess cognitive, communication, physical, social-emotional and adaptive development.

Parents will be notified at the screening of the results and the parents will also be provided written notice of the results within ten days of the screening. If the screening supports evaluation, obtain written consent for evaluation at the exit interview if possible, or include consent forms with the written notice notifying the parents of the results. If the screening results indicate that the child does not need an evaluation, written notice will be sent to the parents within 10 days of the screening explaining the basis for the district’s decision not to evaluate. Evaluation occurs in accordance with evaluation procedures.

B.  Referral

A student whether or not enrolled in school, may be referred for a special education evaluation by parents, district staff or other persons knowledgeable about the student. Each building principal will designate a person responsible for ensuring that district staff understands the referral process. Referrals are required to be in writing unless the person referring is unable to write. A person who makes a referral orally should be asked to either make the referral in writing or go to the main office of the building for assistance in making the referral.

When a referral is made, the district must act within a 25 school-day timeline to make a decision about whether or not the student will receive an evaluation for eligibility for special education services.

All certificated employees will document referrals immediately upon a referral being made to or by them. All other staff receiving a referral from another person will notify  the special education director: (a) records the referral; (b) provides written notice of the referral to the parent; and (c) advises special education office to collect and review district data and information provided by the parent to determine whether evaluation is warranted.

During the referral period the school psychologist and special education department staff will collect and review existing information from all sources, including parents. Examples may include:

  1. Child’s history, including developmental milestones;
  2. Report cards and progress reports;
  3. Individual teacher’s or other provider information regarding the child including observations;
  4. Assessment data;
  5. Medical information, if provided; and
  6. Other information that may be relevant to assist in determining whether the child should be evaluated.

If the review of data occurs at a meeting, the parent will be invited. The special education department provides written notice to the parents of the decision regarding evaluation, whether or not the parents attend the meeting.

Recommendations regarding evaluation are forwarded to the special education department.

After staff reviews the request for evaluation and supporting data and does not suspect that the child has a disability, the district may deny the request. In this case written notice, including the reason for the denial and the information used as the basis for the denial, must be given to the parent.

If the determination is that the child should be evaluated, the reviewers will include information about the recommended areas of evaluation, including the need for further medical evaluation of the student. This information will assist the district in providing parents prior written notice and will assist the district in selecting appropriate evaluation group members. The special education department is responsible for notifying parents of the results using prior written notice. When the determination is that the child will be evaluated, parent consent for evaluation and consent for release of appropriate records will be sent with the notice.

District staff will seek parental consent to conduct the evaluation. The school district is not required to obtain consent from the biological parent if:

  1. The student is a ward of the state and does not reside with a parent;
  2. The parent cannot be located, or their rights have been terminated; or
  3. Consent for an evaluation is given by an individual appointed to represent the student.

When the parent provides consent, the district will select an evaluation group. The evaluation group is to complete the evaluation with 35 school days after parent consent, unless:

  1. The parents and district agree in writing to extending the timeline;
  2. The parent fails or refuses to make the student available for the evaluation; or
  3. The student enrolls in another school district after the evaluation is begun but before completion and the parent and new district have an agreement for completion of the evaluation.

If a parent does not provide consent, notify the special education department at the district office.  District staff will make a determination as to whether it wishes to use mediation to seek agreement to evaluate or file a due process hearing to override the parent’s refusal to consent. The district may not override a parent’s refusal to consent for an evaluation if the student is homeschooled or is unilaterally placed in a private school.

Individualized Education Program

The district will participate in transition planning conferences, arranged by the designated Part C lead agency, for each student who may be eligible for preschool services. Transition plans will be designed to promote uninterrupted provision of appropriate services to the child.

  1. Special education preschool team is responsible for coordinating with the Regional Family Resource coordinator for timely execution of transition planning conferences, that are arranged at least 90 days before the student’s third birthday;
  2. Participants will review the child’s program options for the period from the child’s third birthday through the remainder of the school year; and
  3. If a student is determined eligible for special education services, an IEP will be developed and implemented by the student’s third birthday. If the third birthday is not during the school year and when appropriate, the IEP may set a start date of the beginning of the school year.

The IEP is the written statement reflecting the implementation of instructional programs and other services for special education students based on the evaluation and student needs.

An IEP must be in effect before initiation of special education services. The IEP must be developed within 30 calendar days after the student’s initial determination of eligibility for special services. IEPs must be updated annually, or revised more frequently if needed to adjust the program and services.

Parent consent is required before the initial provision of special education services. If a parent refuses to consent to the provision of special education services, the district may not use mediation or due process to override a parent’s refusal. When a parent refuses to provide consent the special education director or designee will notify that parent that the district does not have a FAPE obligation to the student. The notification will be documented in the student’s file.

The district will maintain a copy of the current IEP which is accessible to all staff members responsible for providing education, other services or implementation of the IEP. All staff members will be informed of their responsibilities for its implementation. This includes not only teachers and other service providers, but also bus drivers, playground and lunchroom supervisors, nursing staff and others who may be responsible for the proper implementation. The building principal is responsible for ensuring that staff members are knowledgeable about their responsibilities.

IEPs will be implemented without undue delay following IEP meetings, regardless of the payment source for special education and or related services.

Parents are members of the IEP team and will have the opportunity to fully participate. The district will make sure that the parents understand the proceedings, including arranging for an interpreter for parents who are deaf or whose native language is other than English. The district will also ensure that meeting locations are accessible. The special education department is responsible for coordinating interpreters and making arrangements for the meeting location.

The IEP team includes:

  1. The parents of the student;
  2. Not less than one general education teacher (or preschool teacher) of the student if the student is, or will be, participating in the general education environment;
  3. Not less than one special education teacher, or if appropriate, not less than one special education provider of the student;
  4. A representative of the district, who is qualified to provide or supervise the provision of special education and related services, is knowledgeable about general education curriculum, and is knowledgeable about the availability of district resources
  5. An individual who can interpret the instructional implications of the evaluation results;
  6. Any other individuals who have knowledge or special expertise about the student. These individuals may be invited by both the district and the parents, at the discretion of the person making the invitation;
  7. The student, when appropriate, or when required;
  8. Students must be invited when the purpose of the meeting includes discussion of transition needs or services;
  9. If another agency is or may be responsible for payment or provision of transition services, an agency representative will be invited, with the parent’s consent. If the agency representative can not attend the meeting, district personnel will keep the representative informed of the meeting and obtain agency information that will assist in the service provision; and
  10. Parents will be notified of the participation of the Part C service coordinator or other designated representatives of the Part C system as specified by the state lead educational agency for Part C at the initial IEP meeting for a child previously served under Part C of IDEA.

The parents and district must agree in writing before any of the above team members are excused from all or part of a meeting. If a team member’s area of the IEP is being discussed or modified, then the parent and district must consent to their excusal; and that specific team member must provide advance written input for their part of the IEP prior to the meeting.  Permission from excusals may be given by the principal, special education director or their designee.

Existing team members may fill more than one of these roles if they meet the criteria for the role.

Sometimes parents do not attend IEP meetings. There will also be times the parents do not agree with the IEP as proposed, and despite attempts to reach agreement on IEP content, the team does not reach agreement. If a parent attends the IEP meeting and agreement is not reached on the IEP, the team will determine whether another IEP meeting should be scheduled as soon as mutually possible, or whether there is enough information to complete the IEP. When the decision is made that the IEP will be implemented the district must send prior written notice of the decisions reached to the parent, including the date the IEP will be implemented.

When the parents do not attend the IEP meeting, despite the district’s efforts to ensure participation, or if the team does not reach agreement, it is the district’s obligation to offer an appropriate educational program:

  1. Have IEP members present sign the IEP (or document participation if any member is unwilling to sign);
  2. Send a copy to the parent, and provide the parent prior written notice that the district intends to implement the IEP; and
  3. Forward the documentation of actual or attempted contacts to the special education department for processing when parents do not attend the meeting;

When making changes to an IEP after the annual IEP meeting for a school year, the parent and the district may agree not to convene an IEP meeting for the purpose of making changes. The parent and the district must complete a written document indicating the changes and inform IEP team members and appropriate individuals of the changes. If the parent requests that the district revise the IEP to include the amendments, the IEP case manager will revise the IEP.

IEP teams will consider the recommendations in the most recent evaluation to develop the IEP. In developing the IEP, the team should consider:

  1. The strengths of the student including the academic, developmental and functional needs of the student and the concerns of the parents for enhancing the education of their child;
  2. Whether a behavior plan, including positive supports and possible aversive interventions should be considered;
  3. Whether the student with limited English proficiency has language needs;
  4. Whether Braille instruction is appropriate for a student who is blind or visually impaired;
  5. Whether a student has other language and communication needs; and
  6. Whether assistive technology devices or services are needed.

IEP content includes:

  1. The student’s present levels of academic and functional performance with a description of how the disability(ies) affect the student’s involvement and progress in the general curriculum or preschool activities;
  2. Measurable academic and functional annual goals for the student (including benchmarks or short term objectives if the student is participating in alternate assessments) that will meet the student’s needs resulting from the disability(ies) to enable involvement and progress in the general curriculum or in preschool activities, and will meet the student’s other educational needs;
  3. A statement of special education services, any necessary related services, and supplementary aids and services based on peer-reviewed research to the extent practicable to be provided to the student and program modifications or supports for personnel so that the student may advance towards annual goals, progress in the general curriculum and be educated and participate with other special education students and non-disabled students and participate in extracurricular and other nonacademic activities;
  4. A statement of the extent, if any, that the student will not participate with non-disabled students in general classroom, extra-curricular and non-academic activities;
  5. A statement of any individual appropriate accommodations in the administration of state or district-wide assessments of student achievement that are needed to measure academic achievement and functional performance of the child on state assessments. If the team determines that the student will not participate in a particular assessment, the IEP will address why the student cannot participate in the regular assessment(s) and why the particular alternative assessment is appropriate for the child;
  6. The date for the beginning of services and the anticipated frequency, location and duration of services and modifications;
  7. A statement of how the student’s progress towards goals will be measured, how the student’s parents will be regularly informed of their child’s progress towards the annual goals and whether the progress is sufficient to enable the student to achieve the goal by the end of the year. Measurement of the student’s progress will be based on data. Information to the parents can be provided through the use of progress reports or report cards or other agreed means, but the information must be provided at least as often as information is provided to students without disabilities;
  8. The projected beginning date for the special education and related services;
  9. With an IEP that is in effect when the child turns 16, or sooner if the IEP team determines it is appropriate, a statement of needed transition services and any interagency responsibilities or needed linkages. Transition services description must include appropriate measurable postsecondary goals based on age appropriate transition and assessments related to training, education, employment, independent living skills where appropriate; and transition services (including course of study) needed to assist the child in reaching those goals;
  10. Aversive interventions, if required, must be provided by trained staff and only considered after the determination has been made that positive interventions alone are not effective. Any questions about the need for or use of aversive interventions should be referred to the special education director. When aversive interventions are considered the IEP team will include a certificated employee who understands the appropriate use of interventions and concurs with the need and will include a person who works directly with the student. The district will establish a process for evaluating the effects of the use of aversive interventions, at least every three months during the school year;
  11. A statement regarding transfer of rights at the age of majority. The IEP case manager will provide prior written notice to the student one year prior to student turning 18 years of age; and
  12. Extended school year (ESY) services. The consideration for ESY services is a team decision, based on information provided in the evaluation report and based on the individual needs of a student. ESY services are not limited by categories of disability, or limited by type amount or duration of the services. If the need for ESY services is not addressed in the IEP and ESY services may be appropriate for the student, the IEP team will meet by April 15 to address the need for ESY. Factors for the team to consider when determining the need for ESY may include, but are not limited to:
    1. Evidence of regression or recoupment time based on documented evidence; or
    2. A documented determination based on the professional judgment of the IEP team including consideration of the nature and severity of the student’s disability, the rate of progress and emerging skills.

Procedural Safeguards

The district will obtain informed, written parental consent before:

  1. Conducting an initial evaluation;
  2. Providing initial special education and related services to a student; and
  3. Conducting a reevaluation if the reevaluation includes administration of additional assessments.

Parental consent is not required to review existing data as part of an evaluation or reevaluation, or to administer a test or other evaluation that is administered to all students unless consent is required of all students’ parents.

Informed consent means that the parent or adult student:

  1. Has been fully informed of all information that is relevant to the activity for which the district is asking consent, and that the information is provided in his or her native language or other mode of communication;
  2. Understands and agrees in writing to the activity for which consent is sought and the consent describes the activity and lists any records which will be released and to whom; and
  3. Understands that the granting of consent is voluntary and may be revoked at any time. If consent is revoked, the revocation does not negate an action that has occurred after the consent was given and before the consent was revoked.

The district may not use a parent’s refusal to consent to one service or activity to deny the parent or child any other service, benefit or activity of the district.

If the district is unable to obtain a parent’s consent, the district may use mediation procedures to obtain a parent’s consent or request a due process hearing asking the administrative law judge to override the parent’s refusal to consent to an evaluation or reevaluation. The district may not request a due process hearing to override a parent’s refusal to consent to initial special education services. The district may not use mediation or due process procedures to override a parent’s refusal to consent to an evaluation or reevaluation if the student is homeschooled or enrolled in a private school.

If a parent revokes consent after the district has provided special education and related services, the district will not amend the student’s education records to remove any references to the student’s receipt of special education and related services.

Upon receipt of the parent’s written notice of revocation, the district:

  1. Will provide prior written notice before ceasing services;
  2. Stop providing SE and related services after the effective date contained in the district’s prior written notice; and
  3. Will not use mediation or the due process procedure to obtain agreement.

Discontinuation of special education and related services in response to the parent’s written revocation will not be in violation of FAPE and eliminates the district’s requirement to convene an IEP meeting or develop an IEP.

The school district will provide a copy of the procedural safeguards notice to the parents of eligible special education students and students referred for special education and adult students one time a year and:

1.      Upon initial referral or parent request for evaluation;

2.      Upon receipt of the parent’s first state complaint and first request for due process hearing in a school year;

3.      Upon a disciplinary action that will result in a disciplinary change of placement; and

4.      Upon request by the parent.

The procedural safeguard notice used by the district includes a full explanation of all the procedural safeguards relating to independent educational evaluation, prior written notice, parental consent, access to educational records, discipline procedures for students who are subject to placement in an interim alternative educational setting, requirements for unilateral placement by parents of children in private schools at public expense, state complaint procedures, mediation, the child’s placement during pendency of due process proceedings including requirements for disclosure of evidence, due process hearings, civil actions and attorney’s fees. Copies of the district’s special education procedural safeguards are available at the district office, IEP case managers, and online in multiple languages at https://ospi.k12.wa.us/student-success/special-education/family-engagement-and-guidance/parent-and-student-rights-procedural-safeguards.

Discipline

Students eligible for Special Education may be disciplined consistent with the disciplinary rules that apply to all students. The district will determine on a case by case basis whether discipline that is permitted under WAC 392-400 should occur. However, students eligible for Special Education must not be improperly excluded from school for disciplinary reasons that are related to their disability or related to the district’s failure to implement a student’s IEP. The district will take steps to ensure that each employee, contractor and other agents of the district responsible for education or care of a student is knowledgeable of Special Education disciplinary rules.

The superintendent or designee may order the removal of a special education student from a current placement. The district need not provide services to a special education student removed from the current placement for ten school days or less in any school year, if services are not provided to a student without disabilities.

Once a student has been removed from placement for a total of ten school days in the same school year, the district must, during subsequent days of removal, provide appropriate services to the extent necessary to enable the student to participate in the general curriculum, although in another setting, and to progress toward meeting the goals set out in the student’s IEP in consultation with one or more of the student’s teachers and special education director will make the determination of such necessary services.

If the IEP team members described in the manifestation determination section determine that the behavior is not a manifestation of the student’s disability and the removal is a change of placement, the district may apply the same disciplinary measures that apply to students without disabilities. However, the student must continue to receive services to the extent necessary to enable the student to participate in the general curriculum, although in another setting, and to progress toward meeting the goals set out in the student’s IEP. The relevant IEP team members, selected by the parent and the district, will determine appropriate services.

A change of placement occurs when a special education student is:

  1. Removed from current placement for more than ten consecutive school days in a school year; or
  2. Subjected to a series of removals in a school year and which constitute a pattern of removal because:
    1. the series of removals total more than ten school days in a year;
    2. the student behavior is substantially similar to the student’s behavior in previous incidents that resulted in the series of removals; and
    3. because of factors such as the length of each removal, the total amount of time a student is removed, and the proximity of the removals to one another.

Whether a pattern of removal constitutes a change in placement is determined on a case-by-case basis by the building principal and Special Education director and is subject to review through due process and judicial proceedings. The principal will notify the director of any special education suspension.

Within ten school days after the date on which the decision to change the placement is made the district will conduct a “manifestation determination” of the relationship between the student’s disability and the behavior subject to the disciplinary action.

The review of the relationship between a student’s disability and the behavior subject to the disciplinary action will be done in a meeting by the parent and relevant members of the IEP team who are selected by the parent and the district. The special education director or designee will contact the team and parents.The team will review all relevant information in the student’s file, including the IEP, teacher observations and information provided by the parent to determine:

  1. If the conduct was caused by or had a direct and substantial relationship to the child’s disability; or
  2. If the conduct in question was the direct result of the district’s failure to implement the student’s IEP.

If the team determines that the behavior resulted from any of the above, the behavior must be considered a manifestation of the student’s disability and the contemplated disciplinary action will not proceed.

If the team determines, specifically, that the conduct was the direct result of the district’s failure to implement the IEP, the district must take immediate action to remedy the deficiencies.

If the IEP team determines that the conduct was a manifestation of the student’s disability, the team must:

  1. Conduct a functional behavioral assessment (unless already completed) and implement a behavioral intervention plan; or
  2. Review the existing behavioral intervention plan and modify it to address the behavior; and
  3. Return the child to the placement removed from unless the parents and the district agree a change is necessary as part of the behavioral intervention plan, or unless the infraction involves drugs, weapons or bodily harm.

School personnel may order a change in placement to an appropriate interim alternative educational setting for the same amount of time that a student without disabilities would be subject to discipline, but for not more than 45 school days, if a special education student:

  1. Possesses a “dangerous weapon” or carries such a weapon to school or to a school function;
  2. Knowingly possesses or uses “illegal drugs” while at school or a school function;
  3. Sells or solicits the sale of a “controlled substance” while at school or a school function; or
  4. Inflicts serious bodily injury upon another person while at school or a school function. Serious bodily injury means a substantial risk of death, extreme physical pain, protracted and obvious disfigurement or protracted loss or impairment of the function of a bodily member, organ or mental faculty.

Any interim alternative educational setting in which the student is placed is determined by the student’s IEP team and will:

  1. Be selected so as to enable the student to participate in the general curriculum, although in another setting and to progress toward meeting the goals set out in the student’s IEP; and
  2. Include services and modifications designed to address the behavior or to prevent the behavior from recurring.

The district may ask an administrative law judge, or seek injunctive relief through a court having jurisdiction of the parties, to order a change in placement to an appropriate interim alternative educational setting for not more than 45 calendar days or seek injunctive relief through a court having jurisdiction of the parties when:

  1. The district can demonstrate beyond a preponderance of the evidence that maintaining said student’s current placement is substantially likely to result in injury to the student or others;
  2. The district has made reasonable efforts to minimize the risk of harm in the current placement, including the use of supplementary aids and services; and
  3. The proposed interim alternative educational setting has been proposed by school personnel in consultation with the student’s special education teacher and meets the requirements of WAC 392-172A.

Unless the parent and the district agree otherwise, if a parent requests a hearing to challenge either the manifestation determination or the interim alternative educational setting, the student must remain in the interim alternative educational setting pending the decision of the hearing officer or until the expiration of the 45 day period, whichever occurs first.

Contacts

Aaron Jacoby
Director of Special Services
360-318-2155

Leslie Pagnossin
Coordinator, Special Services
360-318-2154