Child Find Under the IDEA: The Latest Judicial Case Law.
- Resource Type
- Article
- Authors
- Zirkel, Perry A.
- Source
- Communiqué (0164-775X); Jun2024, Vol. 52 Issue 8, p22-24, 3p
- Subject
- School districts
Gifted children
Judge-made law
Dispute resolution
Federal court decisions
Legal judgments
- Language
- ISSN
- 0164775X
This article provides an update on recent court cases related to the child find obligation under the Individuals with Disabilities Education Act (IDEA) between 2020 and 2023. The child find obligation refers to a school district's responsibility to evaluate a child suspected of meeting IDEA eligibility standards. The article discusses the two components of this obligation: reasonable suspicion of eligibility and initiating the evaluation within a reasonable period of time. The findings of the cases show that the outcomes were 71% in favor of districts and 29% in favor of parents. The article also examines the role of Response to Intervention (RTI) as a potential red flag for child find violations and discusses other factors that courts consider when determining reasonable suspicion. The article concludes by addressing the Spring Branch decision and the issue of remedies for child find violations. It suggests that courts should consider ordering prompt evaluations or alternative prospective remedies to ensure justice for parents and deterrence for districts. The article emphasizes the importance of school psychologists in making professional judgments and staying current with judicial trends. [Extracted from the article]