Meeting Your Child Find Obligation
As an educator, it’s important to remember your child find obligation. This means actively seeking out and identifying children who may be in need of special education services. While often schools have processes in place to identify and support students who may be struggling academically or socially/emotionally (which can lead to the special education referral process), if a parent expresses concerns or requests an evaluation, it’s crucial to take their concerns seriously and initiate the evaluation process promptly.
I have seen many cases where schools will delay or push back the timeline following a parent’s request for an evaluation, because they have not yet completed the Response to Intervention (RTI) or Multi-Tiered System of Supports (MTSS) process. This is well intended but can slow down an appropriate response. If, during discussion about the evaluation process, a parent decides that they want to do some interventions first and none have been done yet, a PWN must document this discussion and reflect the parents’ choice accurately. Additionally, the PWN should determine when the team will reconvene to review data and make a firm decision on evaluation, document that as well.. Too many times a parent will be okay with doing some interventions first and suddenly it’s six months later with no clear decision on whether to evaluate or not. This is very tricky legal territory.
It is safest to remember that the special education evaluation window allows for RTI/MTSS to take place naturally! Teams have 60 (or 90) days to complete the evaluation, and during this time a student can absolutely participate in a 6-week research based intervention that will then be documented in the Evaluation Report’s comprehensive body of evidence.
Similarly, schools should never do RTI/MTSS to the detriment of the child – meaning, if a school suspects an underlying disability, then this is also a case where the special education process can be initiated and RTI/MTSS can occur during the evaluation window.
The Power of the Prior Written Notice (PWN) & Procedural Safeguards
When a parent requests an evaluation, a school should promptly and without delay complete a PWN. Some states may have the Consent for Evaluation and the Prior Written Notice combined. The PWN should clearly outline the purpose of the evaluation, the assessments that will be conducted, and the timeline for completion. It should also include any recommendations or proposed actions based on the evaluation results. By documenting everything in the PWN, you ensure that there is a clear record of the parent’s request for evaluation and the school’s response. This is especially important in case there are any disputes or disagreements in the future.
During the evaluation process, it’s crucial to provide procedural safeguards to parents in their native language. This means ensuring that parents are fully informed and involved in every step of the process. By doing so, you are not only meeting your legal obligations but also empowering parents to make informed decisions about their child’s education.
Beyond providing the procedural safeguards, you should also take time to walk them through each step of the evaluation process, addressing any questions or concerns they may have. This helps to alleviate any confusion or anxiety they may be experiencing.
By explaining the evaluation process to parents and documenting everything in a PWN, you can ensure that there is a clear record of the parent’s request and the school’s response. This helps to protect the rights of the child and ensures that they receive the support and services they need to succeed.