1 - Child Find July 2020

Explanation of Child Find and Albuquerque Public Schools Requirements

A free appropriate public education (FAPE) must be available to all children with disabilities residing in the Albuquerque Public Schools between the ages of 3 and 21, including children with disabilities who have been suspended or expelled from school.  (34 C.F.R. § 300.101(a))

The process of identifying, locating, and evaluating these children is referred to as child find.

In order to comply with the child find requirements, Albuquerque Public Schools shall have procedures in place to ensure that all children with disabilities within its jurisdiction/geographical boundaries, including children with disabilities who are homeless children or are wards of the state, and children with disabilities 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 CFR § 300.111(a))

The obligation to make FAPE available to each eligible child residing in the Albuquerque Public Schools begins no later than the child’s third birthday.  Albuquerque Public Schools shall have procedures to ensure that an IEP or an IFSP is in effect by that date.  If a child’s third birthday occurs during the summer, the child’s IEP Team shall determine the date when services under the IEP or IFSP will begin.  (34 C.F.R.  § 300.101(b))

In compliance with child find provisions of the IDEA and New Mexico Administrative Code, Albuquerque Public Schools also shall, within its jurisdiction/geographical boundaries, identify, locate, and evaluate:

• Children who are suspected of being a child with a disability under §300.8 and in need of special education, even though they are advancing from grade to grade;
• Highly mobile children, including migrant children; and
• Children who are suspected of being developmental delayed.
• Federal regulation requires states to define “developmental delayed”
• The New Mexico Public Education Department has adopted a definition of development delay in accordance with 34 CFR §300.8(b)
• The New Mexico Public Education Department does not require Albuquerque Public Schools to adopt and use the term developmental delayed for any children within is geographical boundaries; however,
• Albuquerque Public Schools conforms to the definition and age range adopted by the New Mexico Public Education Department.  Please refer to the Definitions section of this procedural directive for the definition of developmental delayed.

(34 CFR §300.8(b), 34 CFR § 300.111(c); 6.31.2.12(F) NMAC)

The Albuquerque Public Schools child find duty includes locating, identifying, and evaluating all children with disabilities who are enrolled by their parents in private, including religious, elementary schools and secondary schools located within the geographical boundaries of the Albuquerque Public Schools, even though these children may not reside within the geographical boundaries of the Albuquerque Public Schools.    (34 C.F.R.  § 300.131(a))

Child Find Referrals and Activities

Albuquerque Public Schools shall accept referrals, as per child find provisions, from any source that suspects a child may be eligible for special education and related services.  (71 Fed. Reg. 46636 (August 14, 2006))

Student intervention system (e.g., SAT, RtI, MLSS, PBiS):

• Albuquerque Public Schools shall follow a three-tier model of student intervention as a proactive system for early intervention for students who demonstrate a need for educational support for learning or behavior.  (6.29.1.9 (E) NMAC)
• In Tier 1, the Albuquerque Public Schools shall ensure that adequate universal screening in the areas of general health and well-being, language proficiency status and academic levels of proficiency has been completed for each student enrolled.  If, through universal screening, a referral from a parent, a school staff member, or other information available to a school or district suggests that a particular student needs educational support for learning or behavior, then the student shall be referred to the SAT for consideration of interventions at the Tier 2 level.  (6.29.1.9) (E) (1) NMAC)
• In Tier 2, a properly-constituted SAT at each school, which includes the student's parents and the student (as appropriate), shall conduct the student study process and consider, implement and document the effectiveness of appropriate research-based interventions utilizing curriculum-based measures.  (6.29.1.9(E)(2) NMAC)
• The SAT shall create no undue delay for full initial evaluation to determine eligibility for special education for a student who is identified as homeless or in foster care under the state’s foster care system or based on criteria to assess housing stability status under the federal McKinney-Vento Act and the 2015 ESSA Title IV, Part B, due to the high mobility of this specific population group. 6.29.1.9€(2)NMAC
• In addition, the SAT shall address culture and acculturation, socioeconomic status, possible lack of appropriate instruction in reading or math, teaching and learning styles and instructional delivery mechanisms in order to rule out other possible causes of the student's educational difficulties.  (6.29.1.9(E)(2) NMAC).
• When it is determined that a student has an obvious disability or a serious and urgent problem, the SAT shall address the student's needs promptly on an individualized basis, which may include a referral for a multi-disciplinary evaluation to determine possible eligibility for special education and related services.  (6.29.1.9(E)(2) NMAC)
• In Tier 3, a student has been identified as a student with a disability and deemed eligible for special education and related services, and an IEP is developed by a properly constituted team.  (6.29.1.9(E)(3) NMAC)

The Public Education Department’s manual, The Student Assistance Team and the Three-Tier Model of Student Intervention, shall be the guiding document for schools to use in implementing the student intervention system.  (6.29.1.9()(E)(4) NMAC)

Albuquerque Public Schools shall train its school administrators and teachers who teach reading to implement appropriate research-based reading interventions prior to referring the student for a special education evaluation.  (6.31.2.9(B)(10)(b) NMAC)

A parent may request an initial special education evaluation at any time during the Albuquerque Public Schools’ implementation of tiers 1 and 2 (SAT process) of the three-tier model of student intervention.  If the public agency agrees with the parent that the child may be a child who is eligible for special education services, the public agency must evaluate the child.  If the public agency declines the parent’s request for an evaluation, the public agency must issue prior written notice in accordance with 34 CFR Sec. 300.503.  The parent can challenge this decision by requesting a due process hearing.  (6.31.2.10(C)(1)(d) NMAC and 6.31.2.10((D)(1)(c)(iv) NMAC)

Albuquerque Public Schools’ child find activities include a screening process to determine whether the child should be referred for a full evaluation to determine eligibility for special education and related services.  (71 Fed. Reg. 46636 (August 14, 2006))

Child Find Activities Following Revocation of Consent

Children who have previously received special education and related services and whose parents subsequently revoked consent shall not be treated any differently in the child find process than any other child, including a child who was determined eligible and whose parent refused to provide initial consent for services.  (73 Fed. 73012 (December 1, 2008))

Child Find and Parentally-Placed Private School Children

Albuquerque Public Schools, in compliance with federal regulation, shall, locate, identify, and evaluate all children with disabilities who are enrolled by their parents in private, including religious, elementary schools and secondary schools located within the geographical boundaries of the Albuquerque Public Schools even though these children may not reside within the geographical boundaries of the Albuquerque Public Schools.  (34 CFR §300.131(a))

Albuquerque Public Schools child find process for parentally placed private school children shall ensure that any child placed in a private school have an equitable opportunity to participate in child find activities as any other child.   Albuquerque Public Schools shall keep an accurate count of children parentally placed in a private school.  (34 CFR §300.131(b))

In carrying out its child find duties to parentally-placed private school children:

• Albuquerque Public Schools shall undertake activities similar to the activities undertaken for students who attend Albuquerque Public Schools;
• The cost of carrying out the child find requirements, including individual evaluations, shall not be considered in determining if Albuquerque Public Schools has met its proportionate share obligation;
• The child find process shall be completed in a time period comparable to that for other students attending Albuquerque Public Schools; and
• Albuquerque Public Schools shall include parentally placed private school children who reside in a state other than New Mexico in carrying out its child find requirements if the child is attending a private school located within Albuquerque Public Schools.

(34 CFR §300.131)

Albuquerque Public Schools shall consult with private school representatives and representatives of parents of parentally placed private school children with disabilities during the design and development of special education and related services for the children regarding the child find process, including, but not limited to:

• How parentally placed private school children suspected of having a disability can participate in child find activities equitably; and
• How parents, teachers, and private school officials will be informed of the process.

(34 CFR § 300.134)

Administrative Position: 

• Associate Superintendent of Equity, Instruction, Innovation and Support
• Associate Superintendent of Special Education

Department Director:

• Executive Director of Curriculum and Instruction
• Executive Director of Special Education

References

Legal Cross Ref.:

• 42 U.S.C. 11431 et seq
• 34 CFR §300.101
• 34 CFR §300.111
• 34 CFR §300.124
• 34 CFR §300.131
• 34 CFR § 300.134
• 34 CFR § 300.503
• 34 CFR § 300.8
• 6.29.1.9(E) NMAC
• 6.31.2.9 (B) NMAC
• 6.31.2.10(F) (2) NMAC
• 6.31.2.11(A) NMAC
• 6.31.2.12(F) NMAC
• 71 Fed. Reg. 46636
• 73 Fed. Reg. 73012
• §22-13-5 NMSA 1978

Board Policy Cross Ref.:

• II Special Education

Procedural Directive Cross Ref.:

• Student Assistance Team: General Screening and Student Intervention Guidelines

Forms:

NSBA/NEPN Classification: IHBA

Introduced: April 1, 2011
Reviewed: April 12, 2011
Adopted: April 22, 2011
Reviewed: October 12, 2012
Revised: October 12, 2012
Reviewed: June 22, 2020
Revised: July 10, 2020

This page was last updated on: April 27, 2011.