Delaware Administrative Code
Title 14 - Education
900 - Special Populations
923 - Children with Disabilities Subpart B General Duties and Eligibility of Agencies
Section 923-11.0 - Child Find and Identification of Eligible Individuals

Universal Citation: 14 DE Admin Code 923-11.0

Current through Register Vol. 28, No. 3, September 1, 2024

11.1 General: As used in these regulations, identification has two purposes: to identify those individuals who require special education; and to identify individuals who need general education interventions. Except as noted in subsection 11.1.1 regarding parentally placed private school children, each LEA and any other public agency responsible for the education of children with disabilities shall establish and implement ongoing evaluation procedures consistent with this section to identify, locate and evaluate all children residing within the confines of the LEA or other public agency, including children with disabilities who are homeless children or are wards of the State, regardless of the severity of their disability, and who are in need of special education and related services.

11.1.1 Each LEA or other public agency shall further establish and implement ongoing evaluation procedures consistent with this section to identify, locate and evaluate children with disabilities who are enrolled by their parents in private, including religious, elementary schools and secondary schools located within the school district served by the LEA in accordance with this section and Section 31.0 (Child Find for Parentally Placed Private School Children with Disabilities).

11.2 Children with developmental delay: The following provisions apply with respect to implementing the Child Find requirements of this section:

11.3 The definition of developmental delay adopted by the State under 14 DE Admin. Code 925, subsection 6.7 applies to children aged 3 through 9.

11.4 An LEA is not required to adopt and use the term developmental delay for children within its boundaries.

11.5 If an LEA uses the term developmental delay for children, the LEA shall conform to both the State's definition of that term and to the age range that has been adopted by the State (i.e., ages 3 through 9).

11.6 Other children in Child Find: Child Find also shall include children who are suspected of being a child with a disability as defined in 14 DE Admin. Code 922, Section 3.0 and in need of special education, even though they are advancing from grade to grade; and highly mobile children, including migrant children.

11.7 Health, hearing, vision and orthopedic screening shall be conducted as specified in 14 DE Admin. Code 815.

11.8 Rule of Construction. Nothing in these regulations requires that children be classified by their disability so long as each child who has a disability that is listed in 14 DE Admin. Code 922, Section 3.0 (in the definition of child with a disability) 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.

11.9 Problem Solving in General Education and Instructional Support Teams

11.9.1 Problem solving in general education classroom and instructional support teams:The identification and Child Find procedures required in Section 11.0, shall include a systematic problem solving process to examine the nature and severity of an educationally related problem. These procedures shall primarily focus on variables related to developing effective educationally related interventions. Active parent participation is an integral aspect of the process and is solicited throughout. At a minimum, the process shall include:
11.9.1.1 Description of problem: The presenting problem or behavioral concern is described in objective, measurable terms that focus on alterable characteristics of the individual and the environment. The individual and environment are examined through systematic data collection. The presenting problem or behavioral concern are defined in a problem statement that describes the differences between the demands of the educational setting and the individual's performance.

11.9.1.2 Data collection and problem analysis: A systematic, data-based process for examining all that is known about the presenting problem or behaviors of concern is used to identify interventions that have a high likelihood of success. Data collected on the presenting problem or behaviors of concern are used to plan and monitor interventions. Data collected are relevant to the presenting problem or behaviors of concern and are collected in multiple settings using multiple sources of information and multiple data collection methods. Data collection procedures are individually tailored, valid for the concern addressed, and reliable, and allow for frequent and repeated measurement of intervention effectiveness.

11.9.1.3 Intervention design and implementation: Interventions are designed based on the preceding analysis, the defined problem, parent input, and professional judgments about the potential effectiveness of interventions. The interventions are described in an intervention plan that includes goals and strategies, a progress monitoring plan, a decision making plan for summarizing and analyzing progress monitoring data, and responsible parties. Interventions are implemented as developed and modified on the basis of objective data and with the agreement of the responsible parties.

11.9.1.4 Progress monitoring: Systematic progress monitoring is conducted which includes regular and frequent data collection, analysis of individual performance across time, and modification of interventions as frequently as necessary based on systematic progress monitoring data.

11.9.1.5 Evaluation of intervention effects: The effectiveness of interventions is evaluated through a systematic procedure in which patterns of individual performance are analyzed and summarized. Decisions regarding the effectiveness of interventions focus on comparisons with initial levels of performance and rate of progress toward meeting grade level expectations.

11.9.2 The identification and Child Find procedures required in Section 11.0, shall also include procedures to establish, and to refer students to, school or program based instructional support teams. The agency's procedures shall include the following requirements:
11.9.2.1 The instructional support team shall include members collectively qualified to assist in the identification of instructional and behavioral intervention strategies for learning and behavioral problems and needs.

11.9.2.2 The instructional support team process shall ensure that a student's learning and behavioral needs are comprehensively assessed. It shall include consideration, as appropriate, of curriculum based assessment measures, analyses of instructional variables, systematic observations, functional assessments and current health information.

11.9.2.3 Baseline and progress monitoring data shall be collected and used to inform intervention strategies.

11.9.2.4 All initial referrals to the instructional support team shall be in writing. Written documentation of the instructional support team process shall be maintained for each student.

11.9.2.5 The instructional support team process may or may not lead to referral for initial evaluation to determine eligibility for special education services.
11.9.2.5.1 When the instructional support team determines the student should be evaluated to determine eligibility for special education services, the team shall forward a written recommendation to an appropriate, designated staff member within 10 school days.

11.9.2.5.2 Within 10 school days of the recommendation, the student's parents shall be notified in writing of the team's recommendation that the student be evaluated for special education services. The notification shall include a request for parental consent for initial evaluation.

11.9.2.5.3 Referrals for an individual student that do not contain all required information and documentation, including the data and other evidence described in subsections 11.9.2.2 and 11.9.2.3, may be returned to the instructional support team with a request that they be supplemented. Parental notification of the team's recommendation, and the request for consent for initial evaluation, shall still occur within 10 school days of the initial team recommendation.

(Authority: 20 U.S.C. 1401(3)); 1412(a)(3); 14 Del.C. § 3110)

Disclaimer: These regulations may not be the most recent version. Delaware may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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