by Theresa Kraft, Esq.

Every school district is responsible for locating and evaluating every child who is suspected of having a disability within the geographical boundaries of the school district to determine if that child requires special education.  The school district is responsible for developing policies and procedures that ensure any child who is potentially a child with a disability attending school and for any child 2 ½ years of age up to 21 years of age residing within the school district’s jurisdiction is referred to the IEP team.  Although special education does not begin until a child is 3 years old, the school district is supposed to make sure that the evaluations have been completed and an IEP can be implemented on the child’s 3rd birthday.

The policies and procedures must include mechanisms to allow for at least annual communication, coordination, and/or consultation with private schools, area agencies, family centered early supports, community agencies and programs, group homes, courts, health care facilities and state institutions.

Any one can refer a child to special education.  The person does not have to work for the school district or be the parent or guardian of the child to make the referral.  Some reasons why a child could be referred are:

1.    Failing to pass a hearing or vision screening;
2.    Unsatisfactory performance on group achievement tests or accountability measures;
3.    Receiving multiple academic and/or behavioral warnings;
4.    Repeatedly failing one or more subjects;
5.    Inability to progress or participate in developmentally appropriate preschool activities; and
6.    Receiving service from family centered early support and services.

Child find creates an affirmative duty for a school district to ensure that all children suspected of having a disability and in need of special education are referred, even if the child is receiving passing grades and advancing from grade to grade.

The school district is required to provide data to the NH DOE regarding the children who were found eligible and those found ineligible for special education.  As part of the data collection, school districts must report on the children who were found eligible but who are not receiving services from the district.

Child find ensures that teachers, parents, and the community have the necessary information to recognize when a child should be referred to special education.

Attorney Theresa Kraft guides parents of children with disabilities through the special education process.  This article also appears on Attorney Kraft’s website.