§ 300.111 Child find.

Plain English summary

Section 300.111 establishes the Child Find obligation, requiring every State to maintain policies and procedures for identifying children with disabilities who need special education and related services, regardless of disability severity or school setting. The Child Find obligation extends to homeless children, wards of the State, private school attendees, highly mobile and migrant children, and children who are advancing grade to grade but may still have unmet needs. States must also develop a practical method to determine which children are currently receiving needed services, and rules governing use of the term 'developmental delay' apply within this framework.

Key requirements

• Child Find requires every State to have in effect policies and procedures ensuring that all children with disabilities residing in the State, including homeless children, wards of the State, and children attending private schools, regardless of disability severity, are identified, located, and evaluated.
• Under the Child Find obligation, States must develop and implement a practical method to determine which children are currently receiving needed special education and related services.
• Child Find also must include children who are suspected of being a child with a disability and in need of special education, even though they are advancing from grade to grade.
• Child Find must include highly mobile children, including migrant children.
• A State that adopts a definition of developmental delay under § 300.8(b) determines whether the term applies to children aged three through nine, or to a subset of that age range.
• A State may not require an LEA to adopt and use the term developmental delay for any children within its jurisdiction.
• If an LEA uses the term developmental delay, the LEA must conform to both the State's definition of that term and to the age range adopted by the State.
• If a State does not adopt the term developmental delay, an LEA may not independently use that term as a basis for establishing a child's eligibility.
• Nothing in the Act requires that children be classified by their disability so long as each child who has a disability listed in § 300.8 and needs special education and related services is regarded as a child with a disability under Part B.

Affected parties

• State educational agencies (SEAs)
• Local educational agencies (LEAs)
• Children with disabilities
• Homeless children
• Wards of the State
• Children attending private schools
• Highly mobile children
• Migrant children
• Children advancing grade to grade

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.111