Virginia Administrative Code
Title 8 - EDUCATION
Agency 20 - STATE BOARD OF EDUCATION
Chapter 81 - REGULATIONS GOVERNING SPECIAL EDUCATION PROGRAMS FOR CHILDREN WITH DISABILITIES IN VIRGINIA
Part III - Responsibilities of Local School Divisions and State-Operated Programs
Section 8VAC20-81-50 - Child find
Universal Citation: 8 VA Admin Code 20-81-50
Current through Register Vol. 40, No. 16, March 25, 2024
A. Child find.
1. Each local school division shall maintain
an active and continuing child find program designed to identify, locate and
evaluate those children residing in the jurisdiction who are birth to age 21,
inclusive, who are in need of special education and related services, including
children who: ( 34 CFR
300.102 and
34 CFR
300.111 )
a.
Are highly mobile, such as migrant and homeless children;
b. Are wards of the state;
c. Attend private schools, including children
who are home-instructed or home-tutored;
d. Are suspected of being children with
disabilities under this chapter and in need of special education, even though
they are advancing from grade to grade; and
e. Are under age 18, who are suspected of
having a disability who need special education and related services, and who
are incarcerated in a regional or local jail in its jurisdiction for 10 or more
days.
2. Each local
school division shall coordinate child find activities for infants and toddlers
(birth to age two, inclusive) with the Part C local interagency coordinating
council. ( 34 CFR
300.124 )
3. Each local school division shall locate,
identify and evaluate children with disabilities who are enrolled by their
parents in private, including religious, elementary schools and secondary
schools. ( 34 CFR
300.131,
34 CFR
300.133,
34 CFR
300.134 )
a.
The child find process shall be designed to ensure:
(1) The equitable participation of parentally
placed private school children; and
(2) An accurate count of those
children.
b. The local
school division shall undertake activities similar to the activities undertaken
for its public school children.
c.
The cost of carrying out the child find requirements, including individual
evaluation, may not be considered in determining if a local educational agency
has met its obligation under 34 CFR 300.133.
d. The child find process shall be completed
in a time period comparable to that for students attending public school in the
local educational agency.
e. Each
local school division in which private, including religious, elementary and
secondary schools, are located, shall include parentally placed private school
children, including those who reside in a state other than Virginia, or country
other than the United States.
(1) If the
location of the administration of the private school in which the child attends
is different from the school division in which the private school is located,
the school division in which the private school is located and which the child
attends is responsible for the child find activities.
f. The local school division shall consult
with appropriate representatives of private school children with disabilities,
as well as home-instructed or home-tutored children with disabilities, and
representatives of parents of parentally placed private school children with
disabilities, on how to implement the child find and evaluation
activities.
B. Public awareness. Each local school division shall, at least annually, conduct a public awareness campaign to:
1. Inform the community of a person's, ages
two to 21, inclusive, statutory right to a free appropriate public education
and the availability of special education programs and services;
2. Generate referrals; and
3. Explain the nature of disabilities, the
early warning signs of disabilities, and the need for services to begin
early.
C. Screening.
1. Each local school division shall have
procedures, including timelines, to document the screening of children enrolled
in the division, including transfers from out of state as follows:
a. Children shall be screened in the areas of
hearing and vision in accordance with the requirements of
8VAC20-250-10. (§ 22.1-273 of
the Code of Virginia)
b. Children
shall be screened for scoliosis in accordance with the requirements of
8VAC20-690-20. (§ 22.1-273.1
of the Code of Virginia)
c.
Children shall be screened in the areas of speech, voice, language, and fine
and gross motor functions to determine if a referral for an evaluation for
special education and related services is indicated.
d. Children who fail any of the above
screenings may be rescreened if the original results are not considered
valid.
e. The local educational
agency may recognize screenings reported as part of the child's pre-school
physical examination required under the Code of Virginia. (§ 22.1-270 of
the Code of Virginia)
f. Children
shall be referred to the special education administrator or designee if results
suggest that a referral for evaluation for special education and related
services is indicated. The referral shall include the screening
results.
2. The local
school division shall provide all applicable procedural safeguards. These
include the following:
a. Written notice to
parents of the scheduled screening and, if the child fails the screening, the
results of the screening;
b.
Confidentiality; and
c. Maintenance
of the student's scholastic record.
3. Screening for instructional purposes is
not an evaluation. The screening of a student by a teacher or specialist to
determine appropriate instructional strategies for curriculum implementation
shall not be considered to be an evaluation for eligibility for special
education and related services. (
34 CFR
300.302 )
D. Referrals.
1. Each school shall have procedures to
process in a timely manner all referral requests for a child suspected of
having a disability.
2. Each school
shall have a team to review records and other performance evidence of the child
being referred in order to make recommendations to meet the child's educational
and behavioral needs.
a. The team shall
include:
(1) The referring source, as
appropriate (except if inclusion of a referring source would breach the
confidentiality of the child);
(2)
The principal or designee;
(3) At
least one teacher; and
(4) At least
one specialist.
b. Other
members may be included according to the school division's procedures, or when
the school division determines that the special needs of the child identified
in the referral request requires additional information that should be provided
by individuals with specialized training or specific knowledge.
c. One member of the team must be
knowledgeable about alternative interventions and about procedures required to
access programs and services that are available to assist with children's
educational needs.
3.
Children may be referred through a screening process, or by school staff, the
parent(s), or other individuals.
a. The
referral may be in written, electronic, or oral form to the principal or
designee of the school the child attends, or if initially enrolling in the
school division, in the school in the parent's district.
b. If the referral is made to the special
education administrator or designee, the administrator shall within three
business days:
(1) Initiate the evaluation
eligibility process in accordance with
8VAC20-81-60,
8VAC20-81-70, and
8VAC20-81-80;
(2) Require that the school-based team review
and respond to the request; or
(3)
Deny the request.
If the request is denied, prior written notice in accordance with 8VAC20-81-170 shall be given to the parent(s), including the parent's right to appeal the decision through the due process hearing procedures. ( 34 CFR 300.507 )
4. In reviewing the child's
performance, the team may use a process based on the child's response to
scientific, research-based interventions or other alternative research-based
procedures. ( 34 CFR
300.307 )
a.
The team shall ensure that these interventions are documented and do not
needlessly delay a child suspected of having a disability from being evaluated
for special education and related services.
b. If the child has not made adequate
progress after an appropriate period of time during the implementation of the
interventions, the team shall refer the child to the special education
administrator or designee for an evaluation to determine if the child needs
special education and related services. (
34 CFR
300.309 )
5. Timelines for referral process.
a. The team shall meet within 10 business
days following the receipt of the referral.
b. The team shall refer the child to the
special education administrator or designee within three business days if the
team determines that the child should be referred for an evaluation for special
education and related services.
c.
If the team decides not to refer for an evaluation for special education and
related services, prior written notice in accordance with
8VAC20-81-170 shall be given to the
parent(s), including the parent's right to appeal the decision through the due
process hearing. ( 34 CFR
300.507 )
6. Actions by the team shall be documented in
writing and shall include information upon which a decision was
based.
E. Prohibition on mandatory medication ( 34 CFR 300.174 ).
1. The Virginia Department of Education
prohibits state and local educational agency personnel from requiring parents
to obtain a prescription for substances identified under Schedule I, II, III,
IV, or V in § 202(c) of the Controlled Substances Act ( 21 USC §
812(c) ) for a child as a condition of attending school, receiving an
evaluation under 34 CFR
300.300 through
34 CFR
300.311, or receiving services under this
part.
2. Teachers and other school
personnel may consult or share classroom-based observations with parents or
guardians regarding a student's academic and functional performance, or
behavior in the classroom or school, or regarding the need for evaluation for
special education or related services.
Statutory Authority
§§ 22.1-16 and 22.1-214 of the Code of Virginia; 20 USC § 1400 et seq.; 34 CFR Part 300.
Disclaimer: These regulations may not be the most recent version. Virginia 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.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.