Iowa Admin. Code r. 281-41.111 - Child find
(1)
General. All children with disabilities residing in the state,
including children with disabilities who are homeless children or are wards of
the state and children with disabilities who attend private schools, regardless
of the severity of their disability, and who are in need of special education
and related services, must be identified, located, and evaluated; and a
practical method must be developed and implemented to determine which children
are currently receiving needed special education and related
services.
(2)
High-quality
general education instruction; general education interventions .
a. As a component of efficient and effective,
high-quality general education instruction, it shall be the responsibility of
the general education program of each LEA to provide additional support and
assistance to all students who may need such additional support and assistance
to attain the educational standards of the LEA applicable to all children.
Receipt of such additional support and assistance, when considered alone, does
not create a suspicion that a child is an eligible individual under this
chapter. Activities under this paragraph shall be provided by general education
personnel, with occasional or incidental assistance from special education
instructional and support personnel.
b. General education interventions involving
activities described in rule
281-41.312 (256B, 34CFR300) are
a recognized component of an AEA's child find policy pursuant to the policies
set forth in subrule 41.407(1) and the procedures set forth in subrule
41.407(2).
(3)
Other children in child find. Child find also must include the
following:
a. A child who is suspected of
being a child with a disability and in need of special education, even though
the child is advancing from grade to grade; and
b. Highly mobile children, including migrant
children.
(4)
Classification based on disability not required. Nothing in
the Act requires that children be classified by their disability so long as
each child who has a disability that is listed in
34 CFR Section
300.8 and who, by reason of that disability,
needs special education and related services is regarded as a child with a
disability under Part B of the Act.
(5)
Evaluation required when
disability is suspected. At the point when a public agency suspects a
child is a child with a disability under this chapter, the public agency must
seek parental consent for an initial evaluation of that child, pursuant to
subrule 41.300(1).
(6)
Rule
of construction -suspicion of a disability. As a general rule, a public
agency suspects a child is a child with a disability when the public agency is
aware of facts and circumstances that, when considered as a whole, would cause
a reasonably prudent public agency to believe that the child's performance
might be explained because the child is an eligible individual under this
chapter.
Notes
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