Child Find

Child  Find

Procedures for child identification and referral shall meet the requirements of the IDEA and its regulations, A.R.S. Title 15, chapter 7, and its regulations, and the State Board of Education rules R7-2-401.

The District is responsible for child identification activities for children whose parents reside in the District unless:

A.  The student is enrolled in a charter school or public education agency that is not a school district.  In that event, the charter school or public education agency is responsible for child identification activities;

B.  The student is enrolled in a nonprofit private school.  In that event, the District within whose boundaries the private school is located is responsible for child identification activities.

The District will identify, locate, and evaluate all children with disabilities within its geographic boundaries who are in need of special education and related services including, but not limited to, children who are:

A.  Homeless;

B.  Highly mobile, including migrant children;

C.  Wards of the state; and,

D.  Attending private schools or who are homeschooled.

In its identification process the District will include children who are suspected of being children with a disability and in need of special education, even though:

A.  They are advancing from grade to grade; or

B.  They are highly mobile children, including those who are migrant children.  [34 C.F.R. 300.111]

The District will maintain a record of children who are receiving special education and related services. [34 C.F.R. 300.111]

The District will inform the general public and all parents within its boundaries of the responsibility of the availability of special education services for students aged three (3) through twenty-one (21) years, and how those services may be accessed including information regarding early intervention services for children aged birth through two (2) years.  Services for an eligible student with a disability shall extend through conclusion of the instructional year during which the student attains the age of twenty-two (22). [A.A.C. R7-2-401.C]

The District shall establish, implement, and make available (either in writing or electronically) to it school-based personnel, and all parents, within District boundaries of responsibility for the identification and referral of all children with disabilities aged birth (0+) through 21 (twenty-one), including children with disabilities attending private schools and home schools, regardless of the severity of their disability.  [A.A.C. R7-2-401.D] 

The District shall require appropriate school-based personnel to review the written procedures related to child identification and referral on an annual basis. The District shall maintain documentation of school-based personnel review.  [A.A.C. R7-2-401]  Identification screening for possible disabilities shall be completed within forty-five (45) calendar days after:

A.  Entry of each preschool or kindergarten student and any student enrolling without appropriate records or screening, evaluation, and progress in school; or

B.  Notification to the District by parents of concerns regarding developmental or educational progress by their child (aged three [3] years through twenty-one [21] years).  [A.A.C. R7-2-401].

Screening procedures shall include vision and hearing status and consideration of the following areas:

A.  Cognitive or academic;

B.  Communication;

C.  Motor;

D.  Social or behavioral; and

E.  Adaptive development.  [A.A.C. R7-2-401]

Screening does not include detailed individualized comprehensive evaluation procedures.  [A.A.C. R7-2-401]

For a student transferring into a school, the District shall review enrollment data and educational performance in the prior school.  If there is a history of special education for a student not currently eligible for special education or poor progress, the name of the student shall be submitted to the administrator for consideration of the need for a referral for a full and individual evaluation or other services.  [A.A.C. R7-2-401.D]

If a concern about a student is identified through screening procedures or review of records, the parents of the student shall be notified of the concern within ten (10) school days and informed of the District's procedures to follow-up on the student's needs.  [A.A.C. R7-2-401.D]

The District shall maintain documentation of the identification procedures utilized, the dates of entry into school, notification by parents of a concern and the dates of screening.  The results shall be maintained in the student's permanent records in a location designated by the administrator, should the student be enrolled or not enrolled in the District.  [A.A.C. R7-2-401.D]

If the identification process indicates a possible disability, the name of the student shall be submitted to the administrator for consideration of the need for a referral for a full and individual evaluation or other services.  A parent or a student who has reached the age of majority may request an evaluation of the student.  [A.A.C. R7-2-401.D]

If, after consultation with the parent, the District determines that a full and individual evaluation is not warranted, the District shall provide prior written notice and procedural safeguards notice to the parent in a timely manner.  [A.A.C. R7-2-401.D]

Confidentiality

The District will permit parents to inspect and review any education records relating to their children that are collected, maintained or used by the District under Individuals with Disabilities Education Act (IDEA). The District will comply with a request without unnecessary delay and in no case more than forty-five (45) calendar days after the request has been made, and before:

A.  Any individualized education program (IEP) meeting;

B.  Any hearing involving a due process complaint or disciplinary hearing;

C.  Any resolution session.  [34 C.F.R. 300.613]

The right to inspect and review education records includes:

A.  The right to a response from the District to reasonable requests for explanations and interpretations of the records;

B.  The right to request that the District provide copies of the records if failure to provide those copies would effectively prevent the parent from exercising the right to inspect and review the records; and

C.  The right to have a representative of the parent inspect and review the records.  [34 C.F.R. 300.613]

The District may presume that the parent has authority to inspect and review records relating to his or her child unless the District has been advised to the contrary by legal proceeding involving guardianship, separation and divorce.  [34 C.F.R. 300.613]

The District will keep a record of parties obtaining access to education records collected, maintained or used under IDEA (except access by parents and authorized employees of the District), including:

A.  The name of the party;

B.  The date access was given; and

C.  The purpose for which the party is authorized to use the records.  [34 C.F.R 300.614]

If any education record includes information on more than one (1) child, the parents of those children have the right to inspect and review only the information relating to their child.  [34 C.F.R 300.615]

The District will provide parents on request a list of the types and locations of education records collected, maintained or used by the District.  [34 C.F.R 300.616]

The District may charge a fee for copies of records that are made for parents if the fee does not effectively prevent the parents from exercising their right to inspect and review records.  [34 C.F.R 300.617]

The District will not charge a fee to search for or to retrieve information.  [34 C.F.R 300.615]

A parent who believes that information in the education records collected, maintained or used by the District is inaccurate or misleading or violates the privacy or other rights of the child, may request the District to amend the information.  [34 C.F.R 300.618]

The District will decide whether to amend the information in accordance with the request in a reasonable period of time of receipt of the request.  [34 C.F.R 300.618]

If the District refuses to amend the information in accordance with the request, it will inform the parent of the refusal and advise the parent of the right to a hearing under 34 C.F.R 300.619.   [34 C.F.R 300.618]

The District will, on request, provide an opportunity for a hearing to challenge information in education records to ensure that it is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child.  [34 C.F.R 300.619]

If, as a result of a hearing, the District decides to amend information determined inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child, it will do so accordingly and so inform the parent in writing.  [34 C.F.R 300.620]

If, as a result of a hearing, the District decides that the information is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child, the District will inform the parent of the parent's right to place in the maintained records a statement commenting on the information or setting forth any reasons for disagreeing with the District's decision.  [34 C.F.R 300.620]

Parental consent will be obtained before personally identifiable information is disclosed to parties other than participating agencies, unless the information is contained in education records and the disclosure is authorized without parent consent under Family Educational Rights and Privacy Act (FERPA).  [34 C.F.R 300.622]

Parental consent will be obtained before personally identifiable information is released to officials of participating agencies providing or paying for transition services in accordance with §300.321.  [34 C.F.R 300.622]

If a child is enrolled, or is going to enroll in a private school that is not located in the boundaries of the district of the parent's residence, parental consent will be obtained before any personally identifiable information about the child is released between officials in the district where the private school is located and officials in the district of the parent's residence.  [34 C.F.R 300.622]

Upon receiving a written request, the District shall forward special education records to any other public education agency in which a student has enrolled or is seeking to enroll.  Records shall be forwarded within the time-frame specified in A.R.S. 15-828(F).  The District shall also forward records to any other person or agency for which the parents have signed consent.  [A.A.C. R7-2-401.J(4)]

The District will protect the confidentiality of personally identifiable information at collection, storage, disclosure, and destruction stages.  [34 C.F.R 300.623]

One (1) official at the District will assume responsibility for ensuring the confidentiality of any personally identifiable information.

All persons collecting or using personally identifiable information will receive training or instruction regarding the State's policies and procedures under 300.123 and FERPA (34 C.F.R. part 99).  [34 C.F.R 300.623]

The District will maintain, for public inspection, a current listing of the names and positions of its employees who may have access to personally identifiable information.  [34 C.F.R 300.623]

The District shall establish, implement, and make available to its personnel and parents written policies and procedures to ensure the confidentiality of records and information in accordance with IDEA and its regulations, the Family Educational Rights and Privacy Act (FERPA) and its regulations, and state statutes.  [A.A.C. R7-2-401.J(1)]

The District will inform parents when personally identifiable information collected, maintained, or used for IDEA purposes is no longer needed to provide educational services to the child.  [34 C.F.R 300.624]

The information will be destroyed at the request of the parents.  However, a permanent record of a student's name, address, and phone number, his or her grades, attendance record, classes attended, grade level completed, and year completed may be maintained without time limitation.  [34 C.F.R 300.624]

Parents shall be fully informed about the requirements of the IDEA and regulations, including an annual notice of the policies and procedures that the District shall follow regarding storage, disclosure to a third party, retention, and destruction of personally identifiable information.  [A.A.C. R7-2-401.J(2)

The rights of the parents regarding educational records are transferred to the student at age eighteen (18) under FERPA unless the student has been declared legally incompetent, or the student has executed a delegation of rights to make educational decisions pursuant to A.R.S. 15-773.  [34 C.F.R 300.625]

If the rights of the parents regarding educational records are transferred to the student at age eighteen (18) under the IDEA, the District will provide any notice required under the procedural safeguards provisions.  [34 C.F.R 300.625]

The rights of parents regarding education records are transferred to the student at age 18, unless the student has been adjudicated incapacitated, or the student has executed a delegation of rights to make educational decisions pursuant to A.R.S. 15-773.  [A.A.C. R7-2-401.J(3)]