In this Issue:

IDEA Child Find - Part 1
Requesting Assessment for Special Education

Dear Friends and Family Caregivers,

This month's Special EDition discusses one of the key principles of the law called the Individuals with Disabilities Act (IDEA) – appropriate evaluation in order to "find" children who may need special education. In this issue, we define "Child Find" and explain how to request an assessment for your child. In the next issue, IDEA Child Find – Part 2, we will discuss how to avoid some problems that can occur in the process.

What is IDEA "Child Find"?
Child Find is a foundation of the Individuals with Disabilities Act (IDEA). IDEA Child Find requires every state to identify, locate, and evaluate all children with disabilities, from birth to their 22nd birthday, who need Early Intervention or Special Education and related services. IDEA requires Child Find evaluation regardless of the severity of the child's disability, whether the child attends private or public school, or if a child is experiencing homelessness.

It is important to "find" children who may need services and reach them early, because research tells us that children with disabilities do better across their lives when they receive early help.

IDEA Early Intervention – IDEA Part C

Early Intervention under IDEA Part C serves children from birth to a child's 3rd birthday. Referring a child for evaluation to determine the need for Early Intervention services can come from parents or professionals who have a concern about the child. A doctor may refer when a medical diagnosis predicts educational challenges. A daycare provider who notices signs that a child is not meeting age–level skills may also make the referral.

In California, the Regional Center system is responsible to evaluate a child from birth to age 3 to see if she qualifies for Early Intervention ("Early Start"), or "Prevention" services. A parent may refer to their local Regional Center directly. Families whose infants or toddlers have a developmental delay or disability or an established risk condition that has a high probability of resulting in a delay may be eligible for Early Intervention. Teams evaluate infants and toddlers, and if the child qualifies, provide appropriate intervention and family support services.

Other state–supported programs evaluate and identify children who may have other specialized needs. For example, California Children Services (CCS) may evaluate for therapies, equipment, or other needs for children who have qualifying special health care needs. County mental health agencies may also be involved to evaluate and support a qualifying child with behavioral needs.

IDEA Special Education – IDEA Part B
If a child is found eligible for specialized instruction and services after turning age three (and up to his 22nd birthday unless the student achieves a full high school diploma), this is known as Special Education under IDEA Part B. The school district in which the child lives has responsibility for Special Education and must provide services in the least restrictive environment (LRE).

If a child is already receiving Early Intervention services under IDEA Part C in California, the Regional Center responsible for that child's program must contact the school district before the child turns 2 years and 9 months old to request evaluation for Special Education services. This is required to prevent any gaps in needed services.

Writing to Request Evaluation for Special Education
A "request for evaluation of special education needs" must be made IN WRITING to trigger an important process and timeline in IDEA law. IDEA also says that if a parent requests special education evaluation orally, it is the school district's responsibility to help the parent put the request in writing.

Write directly to the Director of Special Education in the school district, not just to the local school. Directors should fully understand their Child Find responsibilities. DREDF has a list of Special Education Directors in Alameda, Contra Costa, and Yolo counties, the three CA counties that the DREDF Parent Training & Information (PTI) center serves. Directors are also listed under Departments/Special Education at school district websites, or you can call us to locate the contact you need.

New to IDEA 2004: if a child attends a private school or preschool located in a school district other than her home–address school district, the parent must write to request evaluation from the school district where the child's current school is located, even though the child will ultimately be served by her home district if she qualifies for services.

Sample Letter Requesting Initial Assessment for Special Education
DREDF has a sample letter parents can use as an example of how to request special education evaluation. This letter has instructions to help you write your letter and contains tips for delivering the letter. Remember to tailor the letter to fit your child and take the instructions out before sending it. The letter can be simple, or you can give details about the concerns that make you believe your child may have special education needs.

Reasons for Concern
Challenges you see in your child that cause you to suspect disability can be important. Details like these give the school district clues about what areas should be tested when they evaluate your child. Under IDEA, school districts must comprehensively evaluate a child "in all areas of suspected disability." Parent "reasons for concern" and the concerns of others (teachers, daycare providers, doctors) can be key to sending school evaluators in the right direction so they do not miss areas of suspected disability. If you have medical or outside evaluation information about your child, you can attach this information with your letter. Or you might write that you can provide consent for school staff to speak with outside experts who have information about your child's needs. You might want to refer to the CA Department of Education (CDE) brochure, "Reasons for Concern"

Special Education Evaluation Timelines*
From the day the school district receives a written request for special education evaluation, the California Education Code requires that the district must respond to the parent, in writing, within 15 calendar days. This timeline counts weekend days. It's smart to keep a copy of your request and proof of when the district received your letter. You might send it "return receipt requested" from the post office, or hand deliver your letter and ask that the person accepting it date stamp your letter, initial it, and make you a copy to keep.

If the district refuses to evaluate a child for special education, they must refuse in writing within 15 days. This written refusal is called Prior Written Notice (PWN). The law requires districts to provide specific reasons for refusing. The law also requires that procedures be in place for parents to challenge a refusal through formal complaints or through alternative dispute resolution (ADR). Your Parent Training and Information (PTI) center can assist you to understand your rights. Through IDEA Child Find, Congress gave school districts a mandatory responsibility to ensure that children who need Special Education are found without unnecessary delay so that they have a better opportunity for success in school and in life.

If the school district agrees to evaluate, they must provide the parent with a written Assessment Plan within 15 days. This plan outlines areas of suspected disability in which the school district will assess your child. The plan also spells out what tests they may include and what type of staff will complete the assessment. Comprehensive evaluation could require several qualified professionals. The Assessment Plan is usually a 1–2–page checklist. If an area is not checked, the school will not evaluate your child in this area. If this area is a concern for your child, you may need to ask that it be included before you consent to the Assessment Plan.

When you receive an Assessment Plan, you then have a right to at least 15 additional calendar days to ask any questions you may have about the plan before consenting to it. Everyone has a right to "informed consent." Your input is vital. If you have questions, get them answered to your satisfaction so that you feel confident about what you are signing. The school district may begin evaluation only after the parent signs the Assessment Plan.

It is important to state in writing that you want the district to provide copies of assessment reports to you in advance of the Individualized Educational Program (IEP) meeting, so you have time to evaluate the information before the meeting. You can add this request to the Assessment Plan next to your signature. Write: "please provide me with copies of all evaluation reports at least 5 business days before the IEP meeting."

From the date you sign the Assessment Plan, the school district has 60 calendar days to complete evaluations and hold an IEP meeting to discuss the findings. If your child has not been receiving special education services, required members of the IEP team, including the parent (and student if appropriate), will determine if your child is eligible for special education in this meeting.

*IDEA Evaluation Timeline Note: timelines pause if school is out of session in excess of 5 days. Winter, summer, and other breaks may stop this timeline temporarily. Timelines hold for any written request for evaluation. If your child already has an IEP, you may request evaluation for more information or because you have a new concern. The upcoming issue of Special EDition will provide more information about the Child Find process so that you can avoid pitfalls. Stay tuned.

UPCOMING DREDF WORKSHOPS
REGISTRATION IS REQUIRED. SPACE IS LIMITED.

Understanding the Special Education Process:
An overview of the special education process, Section 504, and IDEA laws.
Date: Second Monday of the month, not offered in July or August.
Next Offered: March 14, 2011
Time: 6:00 – 8:30 pm (Pizza included!)
Where: DREDF, Ed Roberts Campus, 3075 Adeline St, Berkeley, CA 94703 (note new address)
Classroom: The Bernard Osher Foundation Education Center, First Floor
To Register: Contact Katie at (510) 644–2555 X5227 or kkeil@dredf.org

IEP Basics and Beyond:
An overview of the special education process, Section 504, and IDEA laws.
Date: April 2, 2011
Time: 9:00 am – Noon
Where: CARE Parent Network, 1340 Arnold Drive, Suite 115, Martinez, CA 94553
To Register: Contact CARE at (800) 281–3023 or (925) 313–0999 or info@careparentnetwork.org

© 2011

Advocacy Tip of the Month:

When you request an evaluation, request that all reports be provided to you five business days before the IEP meeting.

Acronyms:
CCS – California Children Services
CDE – CA Department of Education
IDEA – Individuals with Disabilities Education Act
IEP – Individualized Education Program
LRE – Least Restrictive Environment
PTI – Parent Training and Information Center

Related Links:

• Sample Letter Requesting Special Education Assessment
• List of Special Education Directors / Alameda, Contra Costa, Yolo
• CDE Procedural Safeguards Notice – Jan. 2009
• DREDF Special Education Training Materials
• Parent Center Directory
• Publications by the PACER Center
• Special Education Publications / DRC
• Wrightslaw

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