As schools returned to in-person instruction this fall and faced a host of challenges, the US Department of Education received multiple requests from a variety of special education stakeholders to issue guidance interpreting the requirements of the IDEA. The guidance, The Return to School Roadmap, addressed a wide range of topics including meeting timelines, initial evaluation and reevaluation procedures, determining eligibility, and providing the full array of special education and related services students need in order to receive a Free and Appropriate Public Education (FAPE).
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One important element of the guidance focused on Child Find requirements under Part B of the IDEA. Child Find is that portion of the IDEA that outlines states’ obligations to identify, locate and evaluate all children with disabilities, even those younger than school age and those who do not attend public schools. This section of the guidance helps ensure that the effects of and/or potential failures of instruction during lockdowns have not resulted in regression, aggravation of specific learning challenges, disability-related behavioral shifts and other changes that adversely impact the child’s ability to participate and learn in their special education program or the general curriculum. Many of these changes, advocates suggest, might not have been observed during virtual instruction due to the significant reduction in face-to-face interactions and in-person contact as the students received virtual instruction.
Q: What are some of the unique challenges for conducting Child Find when children participate in online or virtual learning?
A: Generally, children who attend virtual schools or, as experienced during the pandemic, receive instruction virtually, do not have the same degree of face- to-face interactions and in-person contacts with a teacher or other school staff as children who attend brick-and-mortar schools on a full-time basis. As such, teachers of these students have limited opportunity for casual observation of a child’s learning abilities and early recognition of issues that may impact their learning. Child Find procedures that rely mainly on informal teacher observation and referral may require additional consideration for such children. Where virtual instruction limits or prevents the teacher’s interaction and contact with a child, the State Education Agency (SEA) and LEA (Local Education Agency) should examine whether existing Child Find policies and procedures are effective in meeting the state’s responsibilities of identifying, locating, and evaluating children who may need special education and related services. In general, as Child Find is an SEA and LEA responsibility, LEAs serving children virtually should not rely solely on referrals by parents as the primary vehicle for meeting IDEA’s child find requirements.
Q: How might states and local school districts enhance their Child Find activities during the 2021-2022 school year to address the challenges resulting from educational disruptions due to the COVID-19 pandemic?
A: SEAs and LEAs should reexamine the efficacy of their existing Child Find practices and initiate new activities in light of the educational disruptions caused by the COVID-19 pandemic. For example, LEAs may have to conduct additional screenings of children whose academic and behavioral needs may require an evaluation to determine eligibility for special education and related services consistent with 34 C.F.R. §§ 300.304 through 300.311. Additional efforts can be made in increasing awareness of special education supports for students of all ages through coordinated efforts with SEAs, LEAs, and associated public agencies to highlight the effects of the COVID-19 pandemic on academic performance and social-emotional, behavioral, and mental health needs. Further, efforts can be made to increase awareness of and access to developmental screenings by placing information booths and providing information about the screening process in settings frequented by families (e.g., health departments, physician’s offices, public parks, amusement parks, shopping malls, and children’s stores), conducting social media campaigns on multiple online platforms, partnering with other stakeholders such as the PTA, or holding screening events in the community. See response to Question A-5 in Full Guidance PDF for additional examples of Child Find activities.
Q: If a student has received limited instruction due to educational disruptions as a result of the COVID-19 pandemic and also made little academic progress, should the student be referred for an evaluation to determine eligibility for special education and related services?
A: Not necessarily. Levels of student performance primarily attributable to limited instruction do not mean the student requires special education and related services under IDEA. IDEA’s Child Find and eligibility procedures are designed to identify, locate, and evaluate students with a suspected disability to determine whether, as a result of the disability, the student requires special education and related services. IDEA’s regulations in 34 C.F.R. § 300.306(b) specifically state that a child must not be determined to be a child with a disability if the determinant factor is due to a lack of appropriate instruction in reading or math. LEAs must examine individual referrals for special education and should work with families to determine additional general education supports and interventions that can appropriately meet the child’s needs that are attributable to limited instruction as a result of the COVID-19 pandemic and not because the child is suspected of having a disability under IDEA. LEA staff should document these supports when they provide prior written notice to parents under 34 C.F.R. § 300.503, explaining the reasons why the LEA will not conduct an evaluation to determine eligibility for special education and related services for their child.
Q: When a parent shares that their child contracted COVID-19, has long COVID, or has other post-COVID conditions, and the symptoms of the child’s condition (such as fatigue, mood changes, or difficulty concentrating) are adversely impacting the child’s ability to participate and learn in the general curriculum, must the child be referred for special education and related services?
A: Yes. If a child experiencing symptoms from long COVID is suspected of having a disability (e.g., other health impairment) and needs special education and related services under IDEA, they must be referred for an initial evaluation to determine the impact of the long COVID symptoms and the child’s academic and functional needs.
For more information see the Department’s Long COVID under Section 504 and the IDEA: A Resource to Support Children, Students, Educators, Schools, Service Providers, and Families (Jul. 26, 2021).
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