Code: IDDF(3)
160-4-7-.03 CHILD FIND PROCEDURES.
(1) GENERAL
(a) Each LEA must have in effect policies and procedures to ensure that all
suspected children with disabilities, including those who are homeless, are wards of
the State or are attending private schools, regardless of the severity of their disability,
and who are in need of special education and related services, are identified, located
and evaluated. [34 C.F.R. § 300.111]
(b) Each LEA shall ensure that before conducting any significant activity that is
designed to identify, locate or evaluate children, annual notice must be published or
announced in newspapers or other media, or both, to notify parents of this activity.
[34 C.F.R. § 300.612 (b)]
(c) These policies and procedures shall provide for the screening and evaluation of
all children with suspected disabilities birth through age 21 to include:
1. Children birth through age three. An LEA may fulfill its child find
responsibility through referral to the Babies Can’t Wait early intervention program
operated by the Department of Community Health.
2. Preschool children, ages 3-5, not yet eligible for state-funded kindergarten.
3. Children enrolled in the LEA schools including public charter schools.
(i) Children who are suspected of being children with disabilities and in need of
special education, even though they are progressing from grade to grade. [34 C.F.R.
§ 300.111(c)(1)]
(ii) Highly mobile children, including migrant children. [34 C.F.R. §
300.111(c)(2)]
4. Children who are detained or incarcerated in city/county operated jails or
correctional facilities.
5. Children who reside in the LEA and are enrolled in home school/study
programs.
6. Parentally-placed private school children. [34 C.F.R. § 300.131(a)]
(i) Children enrolled by their parents in private, including religious, elementary and
secondary schools located in the LEA’s jurisdiction. [34 C.F.R. § 300.130]
160-4-7-.03-2 CHILD FIND PROCEDURES
(d) A practical method is developed and implemented to determine which children
are currently receiving needed special education and related services. [34 C.F.R. §
300.111 (a)(ii)]
1. Each LEA shall submit to the Georgia Department of Education (GaDOE), in an
electronic format specified by GaDOE, data requested by the GaDOE on all children
ages three through twenty-one who have been found eligible for special education and
related services.
2. All data shall be accurate and timely. [34 C.F.R. § 300.645]
(2) INTERVENTIONS PRIOR TO REFERRAL.
(a) The screening of children by a teacher or specialist to determine appropriate
instructional strategies for curriculum implementation shall not be considered to be an
evaluation for eligibility for special education and related services. [34 C.F.R. §
300.302]
(b) Prior to referring a student for consideration for eligibility for special education
and related services, a student must have received scientific, research or evidence
based interventions selected to correct or reduce the academic, social or behavioral
problem(s) the student is having.
1. Student referrals must be accompanied by documentation of scientific, research
or evidence based academic and/or behavioral interventions that have been
implemented as designed for the appropriate period of time to show effect or lack of
effect that demonstrates the child is not making sufficient rate of progress to meet age
or State-approved grade-level standards within a reasonable time frame.
2. Exceptions may be made in circumstances where immediate evaluation and/or
placement is required due to a significant disability that precludes access to
instruction.
3. The exception noted in (2)(b)2 should be an infrequent and rare occurrence, and
the circumstances evidencing the need for the LEA’s use of the exception must be
clearly documented in the eligibility decision.
Authority O.C.G.A. § 20-2-152; 20-2-240.
Adopted: March 11, 2010 Effective: March 31, 2010