Understanding the Difference Between "Thought to be Eligible" and Child Find Under IDEA
Difference Between "Thought to be Eligible" and Child Find Under IDEA
Confused about the difference between "thought to be eligible" and Child Find under IDEA? Learn about the distinct meanings of these terms, and their importance for parents and children with disabilities.
Difference Between "Thought to be Eligible" and Child Find Under IDEA
Parents of children with disabilities may hear a lot of legal terms that can be confusing. Two of these terms are “thought to be eligible” and “child find” under the Individuals with Disabilities Education Act (IDEA). Although they may sound similar, they have distinct meanings that can make a significant difference for parents and their children with disabilities.
What Does “Thought To Be Eligible” Mean?
The term “thought to be eligible” has a specific legal meaning in the context of disciplinary situations, as defined in the IDEA regulations. It means that if a child is “thought to be eligible” for special education and related services, they receive the disciplinary protections under the IDEA, even if they haven't yet been identified as having a disability. There are only three circumstances where a child can be considered “thought to be eligible”:
Before the behavior that led to the proposed disciplinary action, the child's parent expressed concern in writing to school personnel that the child needs special education and related services.
Before the behavior that led to the proposed disciplinary action, the child's parent requested an evaluation of the child.
Before the behavior that led to the proposed disciplinary action, a teacher or other district personnel expressed specific concerns about a pattern of behavior demonstrated by the child directly to the director of special education of the agency or to other supervisory personnel of the agency.
If a child is “thought to be eligible,” they are entitled to the disciplinary protections of the IDEA. However, if the disciplinary action is not a manifestation of their disability, the student can be disciplined like any nondisabled student. Also, the student loses “thought to be eligible” status if the parent has not allowed an evaluation of the child, has refused the provision of special education services, or the child has been evaluated and determined not to be a child with a disability.
Exceptions to Thought to Be Eligibility
While a child who is thought to be eligible for special education services is entitled to disciplinary protections under the IDEA, there are some exceptions to this rule. If a parent can prove the existence of one of the three circumstances mentioned earlier (i.e., expressed concern in writing, requested evaluation, or teacher expressed concern), the child will lose protected "thought to be eligible" status if:
The parent of the child has not allowed an evaluation of the child;
The parent has refused the provision of special education services; or
The child has been evaluated and determined not to be a child with a disability.
These exceptions emphasize the importance of timely evaluation and identification of students with disabilities. If parents suspect their child has a disability and needs special education services, they should not delay requesting an evaluation under the Child Find mandate.
Understanding the nuances between "thought to be eligible" and Child Find is critical for parents advocating for their children with disabilities. While the former applies to disciplinary situations, the latter is a continuing responsibility of schools to identify, evaluate, and provide services to students with disabilities.
What Is Child Find Under IDEA?
Child Find is a legal requirement under the IDEA that requires states to identify, locate, and evaluate all children with disabilities, including those who are homeless or wards of the state, to determine whether they need special education and related services. Child Find is intended to ensure that no child falls through the cracks and that they receive the support they need to succeed in school.
While “thought to be eligible” applies only to disciplinary situations, Child Find is an ongoing responsibility for schools. It means that schools must have a system in place to identify, evaluate, and provide services to students with disabilities. If a child is suspected of having a disability, the school must evaluate them, regardless of whether they are exhibiting disciplinary issues.
Expedited Evaluation and Services Provided While an Evaluation is Pending
In situations where a child is subjected to disciplinary action, and a request for an initial evaluation is made, the evaluation must be conducted in an expedited manner. Until the evaluation is completed, the child remains in the educational placement determined by school authorities, which can include suspension or expulsion without educational services. While the evaluation is pending, the district is not obligated to provide the student with a Free Appropriate Public Education (FAPE) or any services.
MDR without an underlying evaluation in 'thought to be eligible' cases
If a child is "thought to be eligible" for special education and related services under IDEA, the school district is required to conduct a manifestation determination review (MDR) when the child is subjected to a disciplinary action. The purpose of an MDR is to determine whether there is a relationship between the child's behavior and their disability.
In order to conduct an MDR, the district must have information about the child's disability, which may include any existing evaluations, observations, and input from the child's teachers and parents. If the child has not yet been evaluated, the district must conduct an evaluation as part of the MDR process.
“ If the child has not yet been evaluated, the district must conduct an evaluation as part of the MDR process.”
The MDR is not intended to replace an evaluation or the child find process under IDEA. Rather, it is a separate requirement that applies when a child is already receiving special education services or is "thought to be eligible" for services.
Therefore, if a child is "thought to be eligible" but has not yet been evaluated, the district must conduct an evaluation as part of the MDR process in order to determine whether the child has a disability that requires special education and related services.
EducationLawyers.com
It is crucial for parents to understand the difference between “thought to be eligible” and Child Find under IDEA. While “thought to be eligible” applies only to disciplinary situations, Child Find is an ongoing responsibility for schools to identify, evaluate, and provide services to students with disabilities. If a parent suspects their child has a disability, they should not wait for disciplinary issues to arise but should request an evaluation under Child Find.
Pro Tip: It is important for parents to exercise caution when offered the option to withdraw their child in lieu of an expulsion. This option may seem like a favor or an easy way out, but it can have serious consequences for the child's future educational opportunities. In such cases, the school may be seeking to protect itself from legal obligations to program for the child. Parents should consult with a lawyer before making any decisions that could impact their child's education and future.