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Child find is a component of the 2004 Individuals with Disabilities Education Act (IDEA) that requires states to locate, identify, and evaluate all children with disabilities, from birth to 21, located within its jurisdiction who are in need of early intervention or special education services.

“Division of Elementary and Secondary Education - Offices - Special Education - Early Childhood Special Education (3-5) - Child Find.” Dese.ade.arkansas.gov, dese.ade.arkansas.gov/Offices/special-education/early-childhood-special-education/child-find.

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Division of Elementary and Secondary Education - Offices - Special Education - Early Childhood Special Education (3-5) - Child Find

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Child find is a component of the 2004 Individuals with Disabilities Education Act (IDEA) that requires states to locate, identify, and evaluate all children with disabilities, from birth to 21, located within its jurisdiction who are in need of early intervention or special education services. Child find is an ongoing cooperative effort that involves state and local education agencies (LEAs), parents, the community, professionals, related organizations, and private schools. IDEA requires all states to have a “comprehensive child find system” to assure that all children who are in need of early intervention or special education services are located, identified, and referred. In Arkansas, the lead agency for Part C of IDEA Early Intervention Program (children birth to 3 years) is the Arkansas Department of Human Services. The lead agency for Part B/619 (children ages 3-21 years), is the Department of Elementary and Secondary Education.

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Individuals with Disabilities Education Act

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300.111 Child find.

(1) The State must have in effect policies and procedures to ensure that-

(i) All children with disabilities residing in the State, including children with disabilities who are homeless children or are wards of the State, and children with disabilities attending private schools, regardless of the severity of their disability, and who are in need of special education and related services, are identified, located, and evaluated; and

(ii) A practical method is developed and implemented to determine which children are currently receiving needed special education and related services.

(b) Use of term developmental delay. The following provisions apply with respect to implementing the child find requirements of this section:

(1) A State that adopts a definition of developmental delay under §300.8(b) determines whether the term applies to children aged three through nine, or to a subset of that age range (e.g., ages three through five).

(2) A State may not require an LEA to adopt and use the term developmental delay for any children within its jurisdiction.

(3) If an LEA uses the term developmental delay for children described in §300.8(b), the LEA must conform to both the State's definition of that term and to the age range that has been adopted by the State.

(4) If a State does not adopt the term developmental delay, an LEA may not independently use that term as a basis for establishing a child's eligibility under this part.

(c) Other children in child find. Child find also must include-

(1) Children who are suspected of being a child with a disability under §300.8 and in need of special education, even though they are advancing from grade to grade; and

(2) Highly mobile children, including migrant children.

(d) Construction. Nothing in the Act requires that children be classified by their disability so long as each child who has a disability that is listed in §300.8 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.

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Sec. 300.111 Child find - Individuals with Disabilities Education Act

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300.111 Child find. (a) General. (1) The State must have in effect policies and procedures to ensure that- (i) All children with disabilities residing in the State, including children with disabilities who are homeless children or are wards of the State, and children with disabilities attending private schools, regardless of the severity of their disability,...

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At a glance

Under federal law, public schools must look for, find, and evaluate kids who need special education.

This is called Child Find, and it covers kids from birth through age 21.

It applies to all kids, including those who are homeschooled or in private schools, plus kids who are migrants or without homes.

Public schools have a big responsibility-they must identify, locate, and evaluate any kids who need special education. This is called "Child Find." Looking for and finding these kids is an important first step toward getting them the help they need to thrive in school.

When a school knows, or thinks a child could have a disability, it must evaluate the child. Child Find applies to kids from birth to age 21. It can cover kids with learning and thinking differences, developmental delays, and other conditions.

It's not enough for public schools to look only at current students. They must also seek out kids in migrant families and those without homes. You might be surprised to learn that they're even responsible for finding kids who are homeschooled or in private schools.

Child Find is part of the federal Individuals with Disabilities Education Act. The purpose of the law is to serve the education needs of kids with disabilities. Each state and its public schools must have policies and procedures for finding these kids. They must also develop practical methods to identify which kids qualify for special education and related services.

All public K-12 schools have evaluation systems. Also, all states have early intervention programs to serve infants and toddlers who haven't started school. There are also referrals for kids in in foster care or juvenile justice who may need help.

About the author

About the author

Andrew M.I. Lee, JD is an editor and attorney who strives to help people understand complex legal, education, and parenting issues.

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Public schools are legally obligated to find and evaluate all kids who have disabilities and who need special education services. Find out what this means for you.

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School districts have an affirmative duty to locate, evaluate and potentially serve any infant, toddler or school-aged student impacted by disability under the Child Find Mandate - part of special education law.

Adequate marks and "passing from grade to grade" does not erase the school's responsibility to evaluate under Child Find. School refusal, missing social skills, trouble with emotional regulation and behavior struggles can trigger an evaluation.

Each school district has a duty to locate students residing within the district who might need special education. In order to meet its obligation under Child Find, a district has procedures to locate, identify, and evaluate students ages of 3-21 who are suspected of having a disability.

If parents at any time believe that a child may need special education and related services, they can contact the school and/or the district office to request an evaluation. A suspected disability that might significantly impact learning meets the standard for evaluation. Data from that evaluation determines eligibility. The Office of Superintendent of Public Instruction (OSPI) has more information.

PAVE recommends that parents make a request for evaluation in writing and provides a sample

Screening and evaluations are free. Early intervention and special education services through the public-school system also are at no cost to the family.

Parents have the right to request an evaluation from the public-school district regardless of whether a child attends public school.

Parents who disagree with the results of an evaluation-or a school's decision to not evaluate-have the right to dispute decisions through a variety of informal and formal processes, described in the Procedural Safeguards.

Full Article
Parents, teachers or anyone else can refer a child for an educational evaluation if there is reason to suspect that a disability is impacting that child's ability to learn. The local school district provides a comprehensive evaluation, free to the family, if there is a known or suspected disability and reason to believe that appropriate early learning or school success requires intervention.

The school district's duty to seek out, evaluate and potentially serve infants, toddlers or school-aged students is guaranteed through the Individuals with Disabilities Act (IDEA), as part of the Child Find Mandate. The law says that this obligation to evaluate exists for children ages 0-21, regardless of whether they:

Attend private or public school

Are housed in a stable way or are homeless

Live with a birth or adopted family or are a ward of the state

Receiving adequate marks and "passing from grade to grade" does not erase the school's responsibility to evaluate. Impacts to all areas of school and learning are considered. Academic challenges might trigger an evaluation. So can school refusal, communication deficits, missing social skills, trouble with emotional regulation and behavior challenges.
Children in private schools are protected by Child Find
Parents have the right to request an evaluation from the public-school district regardless of whether a child attends public school. If the child is found eligible for services, the local district is responsible for providing those services unless the family doesn't want them. In some cases, families arrange to have a child attend a private school but receive special-education services through the public school. Private schools do not have to evaluate children or provide special education, but they are responsible to provide equitable services and to comply with the Americans with Disabilities Act. See PAVE's article about navigating private school.

The IDEA includes 14 categories of disability that might qualify a student for special education services at a public school. PAVE has an article with more detail about the IDEA and additional articles with information about evaluation process.
Request an evaluation in writing
PAVE's Parent Training and Information (PTI) staff recommend that families request evaluation formally-in writing. Specific deadlines apply in the evaluation process. Washington schools have 25 school days to decide whether to evaluate. After parents sign consent, the school has 35 school days to complete the evaluation.

A sample letter to request evaluation is available on PAVE's website. The Office of Superintendent of Public Instruction ( OSPI) provides more detail about state requirements. A national agency called Wrightslaw has additional information about Child Find.

The Child Find Mandate requires states to implement programs to locate children who might need more support, particularly those who might need services as infants or toddlers. Child Find is written into the IDEA in "Part C," which protects children 0-3 with known or suspected disabilities in need of early intervention. However, Child Find applies to all children who might need services-through age 21 or until high-school graduation.

Testing determines whether the child has a disability that is causing learning delays. For very young children, this includes a known or suspected disability that might delay learning. For a child younger than 3 in Washington State, early intervention is provided with an Individualized Family Service Plan (IFSP). PAVE's website includes an article with more information about early intervention services and the transition to school-aged services at age 3.

For a child ages 3-21, an evaluation determines whether specialized instruction is necessary for the student to access learning at school. PAVE's article about the Individualized Education Program (IEP) provides detail about how special education services are delivered.
Schools use data to determine whether a child is eligible for services
If parents at any time believe that a child may need special education, they can contact the school and/or district office to request an evaluation. A suspected disability that might significantly impact learning meets the standard for an appropriate and comprehensive evaluation. Data from that evaluation determines eligibility. The Office of Superintendent of Public Instruction (OSPI) has more information.

The referral process includes a review of existing data about a student. Existing data might include information from families, medical providers and anyone who can discuss a child's performance at public school, preschool, private school, at home or in another setting. Based on this data, the district decides whether to evaluate. Sometimes the decision is discussed at a "referral meeting" with school staff and parents, but a meeting is not required. OSPI has additional information about how the state implements Child Find.
Child Find requires schools to do outreach
School districts operate Child Find programs in a variety of ways. For example, a school might:

Train teachers to recognize signs that a student might need to be screened

Publish, post and distribute information for parents so they can understand how to request evaluation and why a child might benefit from services

Offer workshops or other trainings to parents about evalution, early intervention and special education

When should a parent be concerned?
If parents don't think their child is growing or developing like other children the same age, they can request an educational evaluation, even if a pediatrician says there is no cause for concern. The national Center for Parent Information and Resources (CPIR website: ParentCenterHub.org) provides a list of developmental milestones to help parents recognize potential delays. Early intervention can be critical. Parents can contact their local school district or seek more information and assistance from Early Support for Infants and Toddlers (ESIT), managed by Washington's Department of Children, Youth, and Families (DCYF).

To determine whether early intervention is needed, an evaluator checks:

Physical skills (reaching, crawling, walking, drawing, building)

Cognitive skills (thinking, learning, solving problems)

Communication skills (talking, listening, understanding others)

Self-help or adaptive skills (eating, dressing)

Social or emotional skills (playing, interacting with others)

Sensory processing skills (handling textures, tastes, sounds, smells)

The evaluator uses natural situations to look at these skills while a child stacks blocks, draws, counts, cuts with scissors, jumps, or performs any other wide variety of activities. Testing time varies, and parents can ask how much time was spent, which settings were reviewed, and who conducted the review.

Parents can decide whether they agree with the results and whether they believe the evaluation was appropriate. "Appropriate evaluation" is protected by special education law, the IDEA, as a primary principle. Parents who disagree with the results of an evaluation-or a school's decision to not evaluate-have the right to dispute decisions through a variety of informal and formal processes, described in Procedural Safeguards.

If an evaluation determines that a child requires early intervention, then those services are provided through an IFSP. Early intervention services might include speech and language therapy; physical therapy; psychological services; home visits; medical, nursing, or nutrition services; hearing or vision services.

In most cases, services are provided in the home or in a child-care setting. The goal is for services to take place in the child's "natural environment." Occasionally a child may visit a provider's office for specialized services.
What does an older child's evaluation look like?
Educational evaluations for children 3-21 are conducted in consultation with a team that includes parents, teachers, special education professionals and school district administrators and evaluation specialists who can interpret and explain the results.

The assessments can look like academic tests, questionnaires or informal observations. There are no right or wrong answers, and the evaluators are looking for clues that might show an area of need for different or specialized instruction. A comprehensive evaluation can measure a child's ability to:

Think, reason and problem-solve

Understand spoken language

Explain ideas and speak clearly

Understand facial expressions and body language

Use facial expressions and body language to express emotion

Remember what they hear and understand different sounds

See differences in pictures and designs, remember what they see, and understand those visual images

Use body parts with physical skill

Get along with other people

Read, write, spell and do math

Hear and see

Parents can provide a health history and notes and diagnoses from medical providers that contribute outside information to be considered as part of the assessment.

The Down Syndrome Guild of Greater Kansas City provides a comprehensive list of commonly used assessments for a variety of disability conditions.

Children ages 3-5 with identified disabilities can receive free special education and related services at preschools run by the local public-school district or through federal Head Start or the state-run Early Childhood Education and Assistance Program ( ECEAP). Often these preschools are specifically designed for children with disabilities, so inclusion with general education students may be limited.

Once a student enters the local public school for kindergarten, specialized instruction may be provided in general education by special educators who "push in" with support in the classroom. The IDEA requires education in the Least Restrictive Environment (LRE) to the greatest extent possible with typically developing peers. Special education is a service, not a place.

Some children do not thrive in typical classrooms. The IEP team, including the parent, may determine that a smaller classroom or "pull out" instruction is needed for the student to make meaningful progress. These decisions are documented in the IEP.

"Related services" might include speech-language therapy, occupational therapy, mental health counseling or special transportation to school or extracurricular activities. Training about positive behavior interventions for parents, school staff and children could be provided as a related service.
What happens if a doctor or teacher refers a child for evaluation?
Any adult knowledgeable about a child's condition can refer that child for evaluation. If a person outside the family makes the referral, parents get a formal written notification about the referral. Parents must sign consent for an evaluation process to begin.

Parents/guardians do not have to give permission. Parents who refuse to give permission have the right to request an evaluation later.

If school staff refer a student for an evaluation and parents do not want their child evaluated, the school district may ask parents to participate in mediation to further discuss the decision. If parents still refuse to sign consent, a school district can begin a legal procedure called Due Process to have the case considered by an administrative law judge. Through this process, a district may be allowed to screen a child for special education without parent consent.
If a student doesn't qualify for IEP services, a Section 504 Plan might help
A student who is evaluated and determined ineligible for special education might qualify for a Section 504 Plan. Section 504 defines disability much more broadly than the IDEA, and a student can qualify for support if an identified disability significantly impacts a major life activity, such as learning or socializing with peers.

Educational evaluations identify barriers to education, so schools can figure out how to help children make meaningful progress. Sometimes special education is provided to help with access to academic learning, and sometimes it is needed for a child to build functional skills or to develop more skill in the area of Social Emotional Learning. When requesting a full and complete evaluation, parents can ask questions and provide feedback to make sure the school evaluates in all areas of suspected disability and that the tools for evaluation are comprehensive and varied.

Sometimes a child comes to the attention of the school because of unexpected behaviors that might lead to disciplinary actions. PAVE's article, What Parents Need to Know when Behavior Impacts Discipline at School, has additional information for families who might be requesting an educational evaluation because of behavior incidents.

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Child Find: Schools Have a Legal Duty to Evaluate Children Impacted by Disability

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Parents, teachers or anyone else can refer a child for an educational evaluation if there is reason to suspect that a disability is impacting that child's ability to learn. The local school district provides a comprehensive evaluation, free to the family, if there is a known or suspected disability and reason to believe that appropriate early learning or school success requires intervention.

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We offer resources to understand your child’s disability, rights under IDEA, and promote collaboration for effective services to children with disabilities in our state.

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Learn more about Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability in programs or activities that receive federal financial assistance from the U.S. Department of Education.

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(a) Promulgation of rules and regulations
No otherwise qualified individual with a disability in the United States, as defined in section 705 (20) of this title, shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service. The head of each such agency shall promulgate such regulations as may be necessary to carry out the amendments to this section made by the Rehabilitation, Comprehensive Services, and Development Disabilities Act of 1978. Copies of any proposed regulations shall be submitted to appropriate authorizing committees of the Congress, and such regulation may take effect no earlier than the thirtieth day after the date of which such regulation is so submitted to such committees. See also 29 CFR Part 32 and 29 CFR Part 37.
(b) "Program or activity" defined
For the purposes of this section, the term "program or activity" means all of the operations of --

(1)(A) a department, agency, special purpose district, or other instrumentality of a State or of a local government; or

(B) the entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government;

(2)(A) a college, university, or other postsecondary institution, or a public system of higher education; or

(B) a local educational agency (as defined in section 8801 of Title 20), system of vocational education, or other school system;

(3)(A) an entire corporation, partnership, or other private organization, or an entire sole proprietorship --

(i) if assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or

(ii) which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or

(B) the entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or

(4) any other entity which is established by two or more of the entities described in paragraph (l), (2) or (3); any part of which is extended Federal financial assistance.
(c) Significant structural alterations by small providers
Small providers are not required by subsection (a) to make significant structural alterations to their existing facilities for the purpose of assuring program accessibility, if alternative means of providing the services is available. The terms used in this subsection shall be construed with reference to the regulations existing on March 22, 1988.
(d) Standards used in determining violation of section
The standards used to determine whether this section has been violated in a complaint alleging employment discrimination under this section shall be the standards applied under title I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.) and the provisions of sections 501 through 504, and 510, of the Americans with Disabilities Act of 1990 (42 U.S.C. 12201-12204 and 12210), as such sections related to employment.
Section 794a. Remedies and attorney fees
(a)(1) The remedies, procedures, and rights set forth in section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16), including the application of sections 706(f) through 706 (k) [42 U.S.C. 2000e-5(f) through k)] shall be available, with respect to any complaint under section 791 of this title, to any employee or applicant for employment aggrieved by the final disposition of such complaint, or by the failure to take final action on such complaint. In fashioning an equitable or affirmative action remedy under such section, a court may take into account the reasonableness of the cost of any necessary work place accommodation, and the availability of alternative therefor or other appropriate relief in order to achieve an equitable and appropriate remedy.

(2) The remedies, procedures, and rights set forth in title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq)shall be available to any person aggrieved by any act or failure to act by any recipient of Federal assistance or Federal provider of such assistant under section 794 of this title.

(b) In any action or proceeding to enforce or charge a violation of a provision of this subchapter, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs.

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(a) Promulgation of rules and regulations No otherwise qualified individual with a disability in the United States, as defined in section 705 (20) of this title, shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service.

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Division of Elementary and Secondary Education - Offices - Legal Services - Compliance Assistance Center - Section 504 Implementation Guidance

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Frequently Asked Questions: Section 504 Free Appropriate Public Education (FAPE)

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Find answers to frequently asked questions (FAQs) about Section 504 requirements and the education of students with disabilities.

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US Department of Health and Human Services

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Section 504 of the Rehabilitation Act of 1973

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The Office for Civil Rights (OCR) enforces Section 504 of the Rehabilitation Act of 1973 (Section 504).

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Individuals with Disabilities Education Act

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Individuals with Disabilities Education Act (IDEA)

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The U.S. Department of Education’s Individuals with Disabilities Education Act website brings together department and grantee IDEA information and resources. The IDEA makes available a free appropriate public education to and ensures special education and related services to eligible children with disabilities.

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Under the Individuals with Disabilities Education Act (IDEA), parents have the right to resolve disputes with the school district using IEP due process.

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Define: "IEP due process is protected under the Individuals with Disabilities Education Act, (IDEA) and provides parents with the right to resolve disputes with your school district.  There are two ways to resolve disputes, mediation and a due process hearing."

“Understanding IEP Due Process.” Understandingspecialeducation.com, 2019, www.understandingspecialeducation.com/IEP-due-process.html.

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At a glance

Due process is a formal way to resolve disputes with a school about your child's education.

You can file a due process complaint only for special education disputes, not for general education issues.

You have the right to an impartial hearing officer and to present evidence and witnesses at the due process hearing.

Many disputes between you and a school about your child's education can be resolved by talking through disagreements. But sometimes just talking doesn't lead to agreement. You might need another way forward.

The Individuals with Disabilities Education Act (IDEA) provides a formal way to resolve disputes with the school. It is called "due process." Due process takes time. If the situation isn't resolved easily, you also may need an attorney or advocate. Understanding your legal rights and how due process works can help you decide if it's the right path for you.

Due process starts with a complaint and ends with a decision.

Due process starts when you file a written complaint against the school. After you file the complaint, you and the school attend what's called a resolution session. A resolution session is a meeting where both sides try to reach an agreement before going further. You and the school district may agree (in writing) to waive this meeting, or to try mediation.

If no agreement is reached, there is a due process hearing. This hearing is like a courtroom trial. Evidence is presented, and witnesses speak in front of a hearing officer who acts like a judge. The hearing officer makes a decision about your case, which can be challenged in court.

Due process is for disputes about your child's rights to special education.

Due process isn't for every dispute. Under IDEA, you can only file a due process complaint for a dispute related to "identification, evaluation, or educational placement of [a child with a disability], or the provision of a free appropriate public education [FAPE]." This means that you can only use due process for special education disputes. You can't file a due process complaint because, for instance, a school violated your child's religious rights. (There are other laws for that.)

Disputes with your school can be about either "substantive" or "procedural" issues. What's the difference? Substantive issues deal with your child's right to an appropriate education. For example, you have a substantive dispute if your child's Individualized Education Program (IEP) doesn't give the help your child needs in reading or math.

Procedural issues involve the technical aspects of the evaluation or IEP process. For example, you have a procedural dispute if the IEP team met without including you or the school didn't give you prior written notice.

A due process decision about whether your child received a free appropriate public education (FAPE) must be based on substantive issues. This means you need to make a complaint about your child's right to an appropriate education, not about a technicality like lack of notice.

There is an exception, though: if the school's technical (procedural) violation had an educational impact on your child. For example, this could occur if the school's failure to give notice (a procedural issue) hurt your child's right to an appropriate education (a substantive issue).

Another example would be if you were excluded from IEP meetings, and that significantly interfered with your opportunity to participate in the evaluation or IEP process.

The bottom line is that due process focuses on your child's education - not on the school's procedural or technical violations.

Each stage of due process has specific time limits.

IDEA provides specific time limits on when each stage in due process must happen:

You must file a due process complaint within two years of when you learned about the school's action that you're complaining about.

The school must hold a resolution session with you within 15 days after receiving the due process complaint. There's a 30-day period to try to reach a resolution agreement.

Once it's clear that there won't be a resolution agreement, the state department of education has 45 days to make sure there is a due process hearing and decision.

You have 90 days from the due process decision to file a lawsuit in state or federal court.

There can be exceptions to these time limits and states sometimes have their own rules. It's important to check the time limits in your state.

Your due process complaint must describe the dispute and be written and signed.

The complaint that starts due process is typically a formal letter. It must be written, signed and state that the school violated IDEA. The due process complaint must include the following information:

Your child's name

Your child's address

The name of your child's school

A description of the dispute between you and the school, including facts about the dispute

A proposed solution

You need to send the complaint to the school and to your state department of education. It's important to write a due process complaint carefully. If you don't put an issue in the complaint, you can't raise it later at the hearing. (Review this example of a due process complaint.)

You can present evidence and witnesses at the due process hearing.

According to IDEA, the hearing officer that decides your case must be "impartial." The officer can't be an employee of the school or have a conflict of interest favoring either side. The officer must also have the knowledge and ability to conduct a hearing.

A due process hearing is similar to a courtroom trial. You have the following right in a due process hearing:

The right to hire a lawyer and other experts to accompany and advise you at the hearing

The right to present evidence and have witnesses attend and testify

The right to confront and cross-examine the school's witnesses

The right to a written verbatim recording of the hearing, at no cost

The right to written findings of fact and decision from the hearing officer, at no cost

The right to have your child present

The right to have the hearing open to the public

At least five business days before the hearing, the school must disclose to you all evaluations and evidence that it's going to present at the hearing. You also have to disclose the evaluations you're going to present.

These disclosures ensure that both sides have a fair chance to respond to the other. If you or the school don't disclose something five days before, the hearing officer can stop that evidence from being used at the hearing. After both sides present evidence and witnesses, the hearing officer will make a decision.

You may seek attorney fees if you win.

If you win the due process hearing with the help of a lawyer, you may be able to get the school to pay for "reasonable" attorney fees, according to IDEA. In some states, the hearing officer can award fees. In other states, you need to file a lawsuit in a court to get attorney fees from the school.

However, by the same token, if the school wins, it can seek to have you pay for its lawyers. A court will make you pay if your case was frivolous or intended to harass or delay.

You can challenge a hearing decision if you lose.

If the hearing officer decides your case against you, then you have the right to challenge the decision. In some states, you can start a lawsuit in state or federal court. In other states, you must first appeal to the state department of education before filing a lawsuit.

Due process is one of the most powerful ways to resolve a dispute with a school about your child's education. Because the process is complicated, you may want to speak to an education advocate or lawyer if you are considering it. By understanding your legal rights, you can decide whether this is an option you want to pursue.

Key takeaways

Due process is generally for disputes about your child's educational rights, not for technical violations.

Each stage of due process - complaint, resolution meeting, hearing, decision, and appeal - has a specific time limit.

Whoever wins a due process hearing may be able to get the other side to pay attorney fees.

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Your Legal Rights Under Due Process | Special Education Dispute

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Due process is a formal way to resolve disputes with a school about your child's education. You can file a due process complaint only for special education disputes, not for general education issues. You have the right to an impartial hearing officer and to present evidence and witnesses at the due process hearing.

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Students with disabilities have the same right to K-12 public education that students without disabilities have. In order to receive and benefit from that education, students with disabilities may need special education and/or related aids and services. OCR works to ensure that public elementary and secondary schools, including charter schools, provide a free appropriate public education (FAPE) to all qualified students with disabilities (generally, students with disabilities who are of school age), regardless of the nature or severity of their disabilities

https://www.ed.gov/laws-and-policy/civil-rights-laws/disability-discrimination/disability-discrimination-key-issues/disability-discrimination-providing-free-appropriate-public-education-fape

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Disability Discrimination: Providing a Free Appropriate Public Education (FAPE)

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Students with disabilities have the same right to K-12 public education that students without disabilities have. Find resources about providing a free appropriate public education (FAPE), including policy guidance, case resolutions, and publications.

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What Is FAPE? Special Education And The Law - Euna Solutions

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This article will takes a close look at FAPE and explores what it means for students, educators, parents, and guardians.

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Division of Elementary and Secondary Education - Stakeholders - Parents and Families

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Additional information for parents is available on the COVID-19 Information page. To access the Arkansas Ready to Learn Healthy School Guide, please visit the Arkansas Ready for Learning page.

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Due Process Hearing Procedures Independent Hearing Officer Procedural Guide
Request for Hearing by Parent

Request for Expedited Hearing by Parent
Request for Hearing by Public Agency Request for Expedited Hearing by Public Agency
Hearings

2024-25

Petitioners vs Pulaski County Special School District (H-24-27 and H-24-30)

Petitioners vs Osceola School District (H-24-31)

Petitioner vs Vilonia School District (H-23-35 and H-24-09)

Petitioner vs Magnet Cove School District (H-24-38)

Petitioner vs Vilonia School District (H-24-40)

Petitioner vs Little Rock School District (H-23-29 and H-24-04)

Petitioner vs Vilonia School District (H-24-01)

Petitioners vs Pulaski County Special School District (H-24-02)

Petitioner vs Greenwood School District (H-24-03)

Petitioner vs Conway School District (H-24-11)

Malvern School District vs Respondent (EH-24-17)

Petitioner vs Quitman School District (H-24-19 and H-24-22)

Petitioner vs Springdale School District (H-24-21)

Petitioner vs Malvern School District (H-24-23)

Petitioner vs Quitman School District (H-24-29)

Petitioner vs Springdale School District (H-24-32)

Petitioner vs Fort Smith School District (H-24-33)

2022-23

Petitioner vs Little Rock School District (H-23-29 and H-24-04)

Petitioner vs Greenwood School District (H-23-25)

Petitioners vs Pulaski County Special School District (H-23-37)

Petitioners vs Pulaski County Special School District (H-23-41)

Greenwood School District vs Respondent (H-23-02)

Petitioner vs Vilonia School District (H-23-22 and H-23-30)

Petitioner vs Vilonia School District (H-23-08)

Petitioner vs Vilonia School District (H-23-23)

Petit ioner vs Little Rock School District (H-23-10)

Petitioner vs Quitman School District (H-23-13)

Booneville School District vs Respondent (EH-23-14)

Petitioner vs Palestine-Wheatley School District (H-23-17)

Petitioner vs Pulaski County Special School District (H-23-18)

Petitioner vs Searcy School District (H-22-35)

Petitioner vs Little Rock School District (H-22-34)

Petitioner vs Bryant School District (H-22-30)

Petitioner vs Benton School District (H-22-38)

Petitioner vs Little Rock School District (H-22-19 & H-22-24)

Petitioner vs North Little Rock School District (EH-22-22)

Petitioner vs El Dorado School District (H-22-13)

Petitioner vs Palestine-Wheatley School District (H-22-01)

Petitioner vs Benton School District (H-22-05)

Petitioner vs El Dorado School District (H-22-25)

2020-21

Petitioner vs Atkins School District (H-21-13_H-21-18)

Petitioner vs Palestine-Wheatley School District (H-21-38)

Petitioner vs Greenbrier School District (H-21-36)

Petitioner vs Pulaski County School District (H-21-26 & H-21-31)

Petitioner vs Benton School District (H-21-34)

Petitioner vs Palestine-Wheatley School District (H-21-32)

Petitioner vs Palestine-Wheatley School District (H-21-27 & H-21-37)

Petitioner vs Russellville School District (H-20-34 & H-21-23)

Petitioner vs El Dorado School District (H-20-29 & H-21-08 & H-21-24)

Petitioner vs Greenbrier School District (H-21-11)

Petitioner vs LEAD Hill School District (H-21-17)

Petitioner vs Atkins School District (H-21-06 & H-21-09)

Petitioner vs Beebe School District (H-21-01)

Petitioner vs Mayflower School District (H-21-02 & H-21-07)

2019-20

Petitioner vs Monticello School District (H-20-35)

Petitioner vs Heber Springs School District (H-20-28)

Petitioner vs. Lakeside School District (H-20-22)

Petitioner vs. Atkins School District (H-20-15)

Petitioner vs Jacksonville North Pulaski School District (H-20-10)

Petitioner vs Russellville School District (H-20-09)

Petitioner vs Little Rock School District (H-20-07)

Petitioner vs Bentonville School District (H-20-05)

Petitioner vs Monticello School District (H-20-02)

2018-19

Petitioner vs Haas Hall Academy Charter School (H-19-06)

Petitioner vs Atkins School District (H-19-15)

Petitioner vs White Hall School District (H-19-20)

Petitioner vs Omaha School District (H-19-24)

Petitioner vs Little Rock School District (H-19-28)

Petitioner vs Springdale School District (H-19-31)

2017-18

Petitioner vs Vilonia School District (H-18-21)

Petitioner vs Vilonia School District (H-18-22)

Petitioner vs Searcy County School District (H-18-04)

Petitioner vs Little Rock School District (H-18-08)

Vilonia School District vs Respondent (EH-18-23)

Petitioner vs Reverside School District (H-2018-13)

Petitioner vs Lawrence County School District (H-18-29)

Petitioner vs Vilonia School District (H-18-30)

2016-17

Petitioner vs Bryant School District (H-17-08)

Petitioner vs. East Poinsett County School District (H-17-07)

Petitioner vs. Mountain Home School District (H-17-10)

Petitioner vs. Pulaski County Special School District (EH-17-28)

Petitioner vs. Greene County Tech School District (H-17-27)

Petitioner vs. Omaha School District (H-17-19)

2015-16

Petitioner vs. Forrest City School District (H-16-40)

Petitioner vs. Little Rock School District (H-16-36)

Petitioner vs. East Lawrence County School District (H-16-44)

Petitioner vs. Forrest City School District (H-16-12)

Petitioner vs. Texarkana School District (H-16-27)

Petitioner vs. Cedar Ridge School District (H-16-42)

Petitioner vs. North Little Rock School District(H-16-35)

Petitioner vs. KIPP Delta School District (H-16-33)

Petitioner vs. Earle School District(H-16-34)

Pulaski County Special School District vs. Respondent(H-16-28)

Petitioner vs. Texarkana School District (H-16-29)

Petitioner vs. Ozark School District (H-16-04)

Paris School District vs. Respondent(H-16-21)

Petitioner vs. Little Rock School District(H-16-14)

2014-15

Petitioner vs. Sloan-Hendrix School District (H-15-26)

Petitioner vs. Mountain Home School District (H-15-12)

Petitioner vs. Rogers School District(H-15-23)

Petitioner vs. Bentonville School District (H-15-04)

Petitioner vs. Texarkana School District (H-15-21)

Petitioner vs. Paris School District (H-15-10)

Petitioner vs. Bentonville School District (H-15-07)

2013-14

Petitioner vs. El Dorado School District (H-14-31)

Petitioner vs. El Dorado School District (H-14-30)

Petitioner vs. Bentonville School District (H-14-03)

Petitioner vs. Bentonville School District (H-14-12)

2012-13

Petitioner vs. Benton School District (H-13-03)

Petitioner vs. Booneville School District (H-13-28)
Petitioner vs. Little Rock School District
Petitioner vs. Cabot School District (H-13-15)
Petitioner vs. Benton School District
2011-12
Petitioner vs. Hope School District
Petitioner vs. Clarksville School District and Arkansas School for the Deaf (H-12-08)

2010-11
Petitioner vs. Guy-Perkins School District Petitioner vs. Pulaski County Special School District Petitioner vs. Harrison School District
2009-10

Petitioner vs. Fountain Lake School District and Hot Springs School District (H-10-08)

Petitioner vs. Hot Springs School District and Fountain Lake School District (H-10-09)

Petitioner vs. Hot Springs School District and Fountain Lake School District (H-10-10)

Petitioner vs. Mountain Home School District (H-10-14)

Petitioner vs. Benton School District (H-10-22)

2008-09

Petitioner vs. Pocahontas School District
Petitioner vs. Bentonville School District Petitioner vs. South Conway County School District

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Due Process Hearing Procedures Independent Hearing Officer Procedural Guide Request for Hearing by Parent Request for Expedited Hearing by Parent Request for Hearing by Public Agency Request for Expedited Hearing by Public Agency Petitioners vs Pulaski County Special School District (H-24-27 and H-24-30) Petitioners vs Osceola School District (H-24-31) Petitioner

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Arkansas families with children chronic or complex health needs

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IDEA Dispute Resolution Parent Guides and Companion Videos | CADRE

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Following OSEP's release of a Q&A on IDEA Part B Dispute Resolution in July 2013, CADRE was asked to create a set of companion resources for parents and families. In response, CADRE developed six parent guides and a process comparison chart with the support of parent leaders from across the country. These guides explain facilitation, mediation, written state complaints, due process complaints, resolution meetings, and expedited due process complaints.

You can access these parent guides by clicking on each process below or in the side navigation. Most of the guides are available in the following languages: English, Spanish, Arabic, Chinese (Simplified), Hmong, Korean, Russian, Vietnamese, Burmese, Portuguese, Japanese, and Somali.
In addition, companion videos for each of the processes are now available in English and Spanish! CADRE is very grateful for the review and input provided by:
Myriam Alizo, Bilingual Parent Group Specialist, Statewide Parent Advocacy Network
Sharman Davis Barrett, Project Director, PACER Center
Connie K. Hawkins, Director, Region 2 Parent Technical Assistance Center/Executive Director, Exceptional Children's Assistance Center
Liz Healey, Executive Director, PEAL Parent Center
Jan Serak, Co-Director, Region 4 Parent Technical Assistance Center/Executive Co-Director, WI FACETS
Nora Thompson, Director, Region 6 Parent Technical Assistance Center/Executive Director, Matrix Parent Network and Resource Center

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IDEA Dispute Resolution Parent Guides and Companion Videos

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Following OSEP's release of a Q&A on IDEA Part B Dispute Resolution in July 2013, CADRE was asked to create a set of companion resources for parents and families. In response, CADRE developed six parent guides and a process comparison chart with the support of parent leaders from across the country.

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Parents or caregivers may notice academic problems or other signs of a learning disability in their child and not know where to start. Often this "invisible disability" does not become obvious until a child reaches school age. Even then, difficulties may be subtle and hard to recognize.

Here you will find a wealth of information on understanding learning disabilities, negotiating the special education process, and helping your child and yourself.

Featured Articles & Resources

Specific Learning Disabilities

Related Disorders

Support for Parents

ADD/ADHD

ADHD often begins in childhood and can persist into adulthood. It may contribute to low self-esteem, troubled relationships, and difficulty at school or work.
Symptoms include limited attention and hyperactivity.

Homework Handouts for Parents

Mental Health

Post Secondary Options

Pre-K thru High School

Professional Resources

Special Education Services

Teaching Reading

The LDA Podcast

Your Voice in Washington

Guides & Booklets

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Parents or caregivers may notice academic problems or other signs of a learning disability in their child and not know where to start. Often this "invisible disability" does not become obvious until a child reaches school age. Even then, difficulties may be subtle and hard to recognize.

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Finding the motivation to make positive lifestyle changes can be hard for anyone. For teenagers, it can be especially difficult when parents are the ones telling them to do it. But if they've fallen into unhealthy habits like vaping or alcohol abuse, change can be beneficial. Motivational interviewing is a form of therapy that creates a safe, non-judgmental environment for teens to establish their own goals and values and see how changing unhealthy behaviors can benefit them in the long run.

This series of articles comes from the Child Mind Institute, with most available in English and Spanish. Why might teens be resistant to therapy and how can parents and others to help them get the treatment they need? The articles explain how motivational interviewing can help teens gain the self-confidence to make important behavioral changes. To read more about motivational interviewing, and to connect with the articles in both English and Spanish, please visit CPIR's abstract.

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Center for Parent Information and Resources | Your Central Hub for Parent Centers Serving Families of Children With Disabilities

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Finding the motivation to make positive lifestyle changes can be hard for anyone. For teenagers, it can be especially difficult when parents are the ones telling them to do it. But if they've fallen into unhealthy habits like vaping or alcohol abuse, change can be beneficial.

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This database of resources is for CEC members to find peer-reviewed resources created by your fellow members that you can use in your own classroom. Search for resources for supporting all learners in all kinds of formats: videos, handouts, templates, instructional strategies, how-tos, etc. Everything is peer-reviewed by fellow teachers to ensure that we're highlighting not only exceptionally helpful resources, but the work of exceptional teachers.

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CEC Exceptional Teacher Resource Repository

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This database of resources is for CEC members to find peer-reviewed resources created by your fellow members that you can use in your own classroom. Search for resources for supporting all learners in in all kinds of formats: videos, handouts, templates, instructional strategies, how-tos, etc.

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The Resources for Special Education Teachers are organized in a convenient alphabetic order. You may aslo use the "Search" box on the above (Upper Right).

ISER ( Internet Special Education Resources) is a directory of special education programs, providers, schools, and training opportunities as well as resource articles for people with Learning Disabilities, their families, and their teachers. To learn more - Click here

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Resources for Special Education Teachers

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Take a moment to review the various e-Publications, professional development and special education resources.

NASET is proud to offer its' members free access to one of the most extensive and comprehensive sources of Professional Development courses available today. With over 100 courses ranging from 1 to 3 hours each, NASET provides it's members the opportunity for over 100 hours of professional development included with your membership in NASET.

Professional Development Courses (101 courses) - Free with Membership!

Board Certification in Special Education establishes a much needed standard for professionals, across disciplines, who work with exceptional children.

NASET provides the multiple areas with valuable information about IEPs. From a ePublication IEP Components to mutlple articles resources, forms, NASET has a wealth of information for the special education professional.

The online Special Educator e-Journal is published monthly throughout the year and provides timely information on what's current in special education.

This list is provided to all members of NASET to help facilitate the numerous tasks required on a daily basis. All documents are available to view online or download as a PDF file for offline printing.

NASET's Week in Review is a weekly emailed publication that provides members with some of the most interesting stories, topics and issues reported during the week in the field of special education.

NASET News Alerts provide the latest special education news as it happens. News Alerts are emailed, posted and through RSS feeds.

This series provides NASET members with an in-depth look at the step-by-step process of assessing students for eligibility and educational placement in special education.

This series is devoted to lesser known disorders that you may encounter in special education. While not as prevalent as other disorders experienced by most special education teachers, you should be aware of these disorders in order to become more knowledgeable, and increase your ability to assist patents of children with these disorders if they should appear in your classroom or school. Each month we will present a list of 3 disorders that appear in the special education population. Some of these disorders may contain subtypes which will also be presented.

The NASET LD Report is an education resource that provides NASET members with a comprehensive overview of learning disabilities. The NASET LD Report covers many areas of study in the field of LD.

The Practical Teacher is a monthly education resource that provides NASET members with practical tools, strategies, and relevant information that they can use both in and outside of the classroom.

Parent Teacher Conference Handouts can be given at the end of parent teacher conferences to reinforce concepts and help parents better understand information discussed at the conference. New additions are added monthly.

The NASET RTI Roundtable is an educational resource that provides members with the latest information on RTI.

The NASET Autism Spectrum Disorder Series is an education resource that focused on the research, writing, and practical information that we have obtained on causes, characteristics, eligibility, assessment, and teaching strategies.

NASET's Behavior Management Series is a unique guide for all teachers in helping to understand what their student's behavior really means and how to identify and resolve the issue. This series offers teachers the insight into the inner dynamics, conflicts, fears, symptoms, tension, and so on of students who may be experiencing difficulty learning or behaving in the classroom.

The Classroom Management Series provide teachers with practical guidelines covering a variety of topics and supportive information which may help improve their classroom.

A Journal of Research Based Articles in Special Education are provided courtesy of The Journal of the American Academy of Special Education Professionals (). Each issue contains articles that are derived from multiple authors and are based upon the latest research in our profession.

This series is devoted exclusively to students with severe disabilities. This series will cover all aspects of students with severe disabilities focusing especially on understanding this population and what skills and information are necessary if you are asked to teach this population of students.

At NASET, we get many questions from our members about certain areas of interest. The NASET Q & A Corner provides all members with the opportunities to have access to these questions, and more importantly, answers to them from professionals in the field.

This series is intended to provide teachers, related service personnel, administrators, and other individuals charged with assisting in the development of the paraprofessional workforce with information and strategies to build strong, effective, supportive teams to ensure successful educational services for all students.

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National Association of Special Education Teachers: Teachers Teaching Exceptional Children

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Special Education Web Site - Teachers Teaching Special Education National Association of Special Education Teachers

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We offer resources to understand your child's disability, rights under IDEA, and promote collaboration for effective services to children with disabilities in our state.

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Members of the National Council for Special Education

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Overview of Inclusive Teaching Practices

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This list is a starting point for a wide variety of course design strategies, teaching practices, and support resources that support inclusive learning.

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5 Special Education Inclusive Practices That Should Be in Every Classroom - Euna Solutions

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In this blog, we look at 5 special education inclusive practices that should be in every classroom.

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"Inclusion" and "Inclusive Practice" are often used interchangeably in the education world, but there is more to inclusive practice than togetherness. Inclusion takes an important step in the right direction by making sure all students, regardless of variability, are present in the same classroom. But in order for inclusion to be effective, you must also implement inclusive practice. Inclusive practice is bigger than getting all students in the same classroom; inclusive practice gives all students the opportunity to learn, be supported, and be challenged, regardless of variability.

Implementing inclusive practice requires effective leadership and support, opportunities for professional development, and a willingness to relinquish some control as a teacher by allowing students to make their own choices and become responsible for their own learning.

Before we can effectively implement inclusive practice, we first have to embrace the concept of variability. All students are different, with their own unique mixes of strengths and weaknesses. However, our teaching methods, materials, assessments, and classrooms are all too often created in a one-size-fits-all fashion for the mythical "average learner." This practice doesn't allow all students to access information and resources and puts some students at an extreme disadvantage. It often results in labeling students as learning disabled. It's time to consider that our practices and systems are disabled, not our students.

All students are capable of being successful in their own way if they are provided with the personalized avenues to receive instruction. Every child deserves to access rigorous standards and be provided with options to access appropriate academic, social-emotional, and behavioral supports in order to meet or exceed those standards in relevant, authentic, and meaningful ways. When inclusive practice is done effectively, all students become engaged learners.

Universal Design for Learning (UDL) is an education framework that allows educators to effectively implement inclusive practice in classrooms by removing barriers and providing options and choices for all students. With UDL, our role as teachers is to facilitate the process of learning and teach students how to learn in the way that works best for each of them. With UDL, we foster student self-reflection, self-assessment, and use mastery-oriented feedback to help students analyze and reflect their choices so they can make better choices in the future, that will help them to reach their goals.

When it comes down to it, inclusive practice is so important because it is an equity issue. With UDL, we have the ability to transform all of our students into expert learners. That is something worth fighting for.

To learn more about UDL, visit my blog, " What Does UDL Look Like? " or explore the following:

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Inclusion vs. Inclusive Practice in Teaching - Novak Education

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"Inclusion" and "Inclusive Practice" are often used interchangeably in the education world, but there is more to inclusive practice than togetherness. Inclusion takes an important step in the right direction by making sure all students, regardless of variability, are present in the same classroom.

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Why Inclusive Leadership – CCSSO Inclusive Principals Guide

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As states implement their plans for the Every Student Succeeds Act, and as many also update their professional standards for school leaders and their preparation, states have an opportunity to deepen and refine their principal development priorities to focus on equity and inclusion.

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The AEM Navigator also includes a robust set of guiding questions and useful references and resources specifically related to each decision point. Different scaffolds of support are built in so that teams can access information at the level needed to assist them in making informed, accurate decisions.

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Alt ELPA Accessibility and Accommodations Manual

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(10th April 2017) - Richard Michael, Education Consultant

Here at Texthelp we talk to educators around the world who are keen to bring differentiated instruction into their classrooms.

They've often got naturally gifted learners alongside struggling readers and writers, as well as English Language learners and students coping with dyslexia. That's a pretty broad spectrum of needs to accommodate.

The good news is that our best-ever Read&Write literacy software includes plenty of tools to complement every learning style. We asked Education Consultant Richard Michael to guide us through the best bits:

Visual Learners perform best with content that's rich in diagrams, graphs, charts and images.

Read&Write's Picture Dictionary can help by offering a visual representation of unfamiliar terms. It's great for students getting to grips with new words, especially if they're learning English.

Our Fact Mapper can also help visual students organise their revision notes into a Mind Map.

The Vocabulary List lets students and teachers create a visual table of key terms at the beginning of a new subject area. And as an added bonus it offers an image and dictionary definition.

Dual Colour Highlighting helps students track and process on-screen text when they're reading out loud. Highlight colours can be tweaked to suit anyone's preferences.

Then we've got Auditory Learners who absorb information best by listening (and speaking).

Read&Write's Text-to-Speech function reads web pages, Word Google Docs and PDF documents out loud at a pace that's comfortable for the student to retain information.

There's a choice of international voices - useful in foreign language departments, and for students with English as an additional language. And an additional bonus is the Screenshot Reader that speaks text within locked PDFs and images.

Our popular Audio Maker converts documents to MP3 files for listening any time on phones or tablets. Struggling readers appreciate using this feature to create their own 'audio books'.

Newly-added Voice Notes let students add to assignments or provide additional information. While revising or researching students can add a voice note after hearing a really useful piece of information - and revisit later to expand on it.

Teachers can also save time with Read&Write, using voice notes to give feedback on students ' work instead of written comments.

Read&Write also includes valuable tools to promote inclusion in your classroom.

The Screen Mask adds a coloured virtual overlay to a laptop display or presentation screen, helping students who suffer from visual stress or Meares-Irlen syndrome.

Our Advanced Spell Checker helps students refine their own work by identifying alternative words and their definitions. Text-to-speech then lets students hear the word's definition read aloud, to help them identify an alternative.

Prediction suggests word options, helping students craft longer, more complex sentences to enrich their written work. It's also really helpful for EAL students and reluctant learners.

Students learning English as an additional language find our Translator handy to check their written text before it's submitted to the teacher.

Have you and your students discovered any extra uses for Read&Write in the classroom? We'd love to hear about your own experiences: share them in the comments below.

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Enjoy the difference: Read&Write accommodates every learning style

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The good news is that our best-ever Read&Write literacy software includes plenty of tools to complement every learning style. We asked Education Consultant Richard Michael to guide us through the best bits.

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Organization:
University, School(s), or School District

Add the ability to manage your entire organization.

Get everyone on the same page with access to shared data.

Make your life easy with optional domain & subdomain licensing.

Includes access to our deployment and support specialists.

Plans vary so get in touch!

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Add the ability to manage your entire organization. Get everyone on the same page with access to shared data. Make your life easy with optional domain & subdomain licensing. Includes access to our deployment and support specialists. Plans vary so get in touch!

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Sign up with your email address to receive news and updates from Your IEP Source.

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Learn what a Manifestation Determination Review (MDR) is and how to prepare for one.

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Current as of September 2017

At specific times, and for certain violations of the student code of conduct, IDEA's discipline procedures require school systems to conduct what is known as a "manifestation determination review." The purpose of this review is to determine whether or not the child's behavior that led to the disciplinary infraction is linked to his or her disability.

Manifestation determinations were first introduced into IDEA with the 1997 amendments. The process has been simplified under IDEA 2004, which now:

limits the requirement to perform a manifestation determination to removals that constitute a change of placement under IDEA's disciplinary procedures; and

does not require a manifestation determination for removals for less than 10 consecutive school days that do not constitute a change in placement.

As the Senate HELP committee observed, what is now required is "a more simplified, common sense procedure for schools to use." [ 1] Read on for the details.

When is a Manifestation Determination Review Necessary?

Under §300.530(e), a manifestation determination must occur within 10 days of any decision to change the child's placement because of a violation of a code of student conduct.

Who is Involved?

The LEA, the parent, and relevant members of the IEP team (as determined by the parent and the LEA) are involved in conducting the review. Their purpose is to determine:

(i) If the conduct in question was caused by, or had a direct and substantial relationship to, the child's disability; or

(ii) If the conduct in question was the direct result of the LEA's failure to implement the IEP. . . [§300.530(e)(1)-(2)]

To make these determinations, the group will review all relevant information in the student's file, including the child's IEP, any teacher observations, and any relevant information provided by the parents.

The link between the child's conduct violation and his or her disability is important. As the Department notes:

We believe the Act recognizes that a child with a disability may display disruptive behaviors characteristic of the child's disability and the child should not be punished for behaviors that are a result of the child's disability. (71 Fed. Reg. 46720)

The relationship between the child's behavior and disability, however, is not the only factor to be considered in a manifestation determination. A manifestation determination must also consider if the child's conduct was the direct result of the LEA's failure to implement the IEP [§300.530(e)(1(ii)]. If such a finding is made, the regulations require the LEA to take immediate steps to remedy those deficiencies [§300.530(e)(3)]. This will be discussed further below.

Here, first, a little review, by way of a little Q&A.

Under what circumstances must a manifestation determination be conducted? (Whenever a decision is made to change the placement of a child with a disability because he or she has violated a code of student conduct.)

What's the time frame for conducting a manifestation determination? (The manifestation determination must occur within 10 school days of any decision to change the placement of a child with a disability because of a violation of a code of student conduct.)

Who is involved in conducting a manifestation determination? (The LEA, parent, and relevant members of the child's IEP Team.)

Who decides who's a "relevant member" of the Team? (The parent and the LEA.)

Scope of the Review

IDEA states that the LEA, the parent, and relevant members of the child's IEP team must review "all relevant information in the student's file, including the child's IEP, any teacher observations, and any relevant information provided by the parents" as part of conducting a manifestation determination [§300.530(e)(1)]. This list is not exhaustive, according to the Department. It may include other relevant information in the child's file, including placement appropriateness, supplementary aids and services, and if the behavior intervention strategies were appropriate and consistent with the IEP. (71 Fed. Reg. 46719)

Consider this excerpt from the U.S. House of Representatives Conference Report 108-779. It clarifies both the scope of the manifestation review and the intent behind it.

[T]he Conferees intend to assure that the manifestation determination is done carefully and thoroughly with consideration of any rare or extraordinary circumstances presented." The Conferees further intended that "if a change in placement is proposed, the manifestation determination will analyze the child's behavior as demonstrated across settings and across time when determining whether the conduct in question is a direct result of the disability. (71 Fed. Reg. 46720)

Let's move on and say the group has met, reviewed all relevant information in the child's file, considered the child's conduct in light of his or her disability, considered the LEA's implementation of the IEP, and come to a determination. What happens if that determination is yes-or no? Each answer leads to specific outcomes.

If the Determination is Yes

There are two scenarios under which the manifestation determination would be "yes." These are when the conduct:

a manifestation of the child's disability, or

the direct result of the LEA's failure to implement the child's IEP.

If either condition is met, the student's conduct must be determined to be a manifestation of his or her disability [§300.530(e)(2)-(3) and (f)]. In other words, the manifestation determination is "yes."

But it matters which of the two conditions was the basis for the determination of "yes."

"Yes," for failure to implement the IEP. If the group determines that the child's misconduct was the direct result of the LEA's failure to implement the child's IEP, the "LEA must take immediate steps to remedy those deficiencies." As the Department explains, if such a determination is made:

[T]he LEA has an affirmative obligation to take immediate steps to ensure that all services set forth in the child's IEP are provided, consistent with the child's needs as identified in the IEP. (71 Fed. Reg. 46721)

What about placement? Unless the behavior involved one of the special circumstances-weapons, drugs, or serious bodily injury-the child would be returned to the placement from which he or she was removed as part of the disciplinary action. However, the parent and LEA can agree to a change of placement as part of the modification of the behavioral intervention plan. [§300.530(f)(2)]

"Yes," for conduct directly related to disability. If the group finds that the child's misconduct had a direct and substantial relationship to his or her disability, then the group must also reach a manifestation determination of "yes." Such a determination carries with it two immediate considerations:

Functional behavioral assessment (FBA)-Has the child had one? Does one need to be conducted?

Behavioral intervention plan (BIP)-Does the child have one? If so, does it need to be reviewed and revised? Or if the child does not have one, does one need to be written? [§300.530(f)]

Thus, if a child's misconduct has been found to have a direct and substantial relationship to his or her disability, the IEP team will need to immediately conduct a FBA of the child, unless one has already been conducted. According to the Senate HELP committee:

An FBA focuses on identifying the function or purpose behind a child's behavior. Typically, the process involves looking closely at a wide range of child-specific factors (e.g., social, affective, environmental). Knowing why a child misbehaves is directly helpful to the IEP Team in developing a BIP that will reduce or eliminate the misbehavior. [ 2]

In addition to conducting an FBA (if necessary), the IEP team must also write a BIP for the student, unless one already exists. If the latter is the case, then the IEP team will need to review the plan and modify it, as necessary, to address the behavior.

The IEP team must also address a child's misbehavior via the IEP process as well. As the Department explains:

When the behavior is related to the child's disability, proper development of the child's IEP should include development of strategies, including positive behavioral interventions, supports, and other strategies to address that behavior... When the behavior is determined to be a manifestation of a child's disability but has not previously been addressed in the child's IEP, the IEP Team must review and revise the child's IEP so that the child will receive services appropriate to his or her needs. Implementation of the behavioral strategies identified in a child's IEP, including strategies designed to correct behavior by imposing disciplinary consequences, is appropriate... even if the behavior is a manifestation of the child's disability. (71 Fed. Reg. 46720-21)

What about placement?

The child must be returned to the placement from which he or she was removed as part of the disciplinary action, with two exceptions:

if the behavioral infraction involved special circumstances of weapons, drugs, or serious bodily injury; or

if the parents and LEA agree to change the child's placement as part of the modification of the BIP.

If either of these exceptions apply, then the child need not necessarily return to the same placement.

If the Determination is "No"

A manifestation determination of "no" means either that:

the child's behavior was not caused by or did not have a direct and substantial relationship to the child's disability; or

the child's behavior was not the direct result of the LEA's failure to implement the IEP.

In either case of "no," school personnel have the authority to apply the relevant disciplinary procedures to the child with disabilities in the same manner and for the same duration as the procedures would be applied to a child without disabilities, except- and this is very important -for whatever special education and related services the school system is required to provide the child with disabilities under §300.530(d).

What IDEA requires under the services provision at §300.530(d) is the subject of the next article in this description of Discipline, in Detail-Are Services Provided During Disciplinary Removals?

One, Two, Three

You may recall that we've twice mentioned the Senate HELP committee's summary of the three categories of disciplinary actions a school district can take under IDEA. The first was the 10-day rule, and the third was special circumstances involving drugs, weapons violations, or serious bodily injury. What we've just described corresponds to the second category of disciplinary actions a school district can take. As the Senate HELP committee described in its Report [to Accompany S. 1248]:

In the second category, if a school chooses to discipline a child for a violation of the school code for a period beyond 10 consecutive school days, then the school can apply the same disciplinary procedures that it would apply to a child without a disability, as long as the school has determined that the violation in question was not a manifestation of the child's disability.[ 1]

What's Coming Up Next?

A pivotal topic is next up for discussion: the requirements of §300.530(b)(2). To jog the memory, here's that provision again:

After a child with a disability has been removed from his or her current placement for 10 school days in the same school year, during any subsequent days of removal the public agency must provide services to the extent required under paragraph (d) of this section.

And what does paragraph (d) require? That is the subject of our next section in these web pages, Are Services Provided During Disciplinary Removals?

---------------------------

References

[1] Senate Report No. 108-185, at 44 (2003). Available online at: https://www.congress.gov/congressional-report/108th-congress/senate-report/185/1

**Highly Rated Resource! This resource was reviewed by 3-member panels of Parent Center staff working independently from one another to rate the quality, relevance, and usefulness of CPIR resources. This resource was found to be of "High Quality, High Relevance, High Usefulness" to Parent Centers.
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Would you like to continue reading the details of IDEA's disciplinary procedures?

If so, use the links below to jump to the discussion of your choice. They're listed in the order they appear in IDEA.

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Current as of September 2017 At specific times, and for certain violations of the student code of conduct, IDEA's discipline procedures require school systems to conduct what is known as a "manifestation determination review." The purpose of this review is to determine whether or not the child's behavior that led to the disciplinary infraction is linked to his or her disability.

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Manifestation Determination Examples + Flowchart - Euna Solutions

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This blog provides an overview of the manifestation determination process and practical examples of how to thoroughly document it.

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Division of Elementary and Secondary Education - Offices - Special Education - Dispute Resolution - Mediation/IEP Facilitation

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The Arkansas Special Education Mediation Project (ASEMP) is different from other mediation programs in that it is not court-centered. The ASEMP gives parents and schools an alternative to filing a state complaint or requesting a due process hearing. Trained professional mediators assist parties in finding effective solutions to the problems affecting educational services for children with disabilities.

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The Arkansas Special Education Mediation Project (ASEMP) is different from other mediation programs in that it is not court-centered. The method for resolving special education disputes is an administrative hearing process. The ASEMP gives parents and schools an alternative. Trained professional mediators assist parties in finding effective solutions to the problems affecting educational services for children with disabilities. Mediation is voluntary and confidential. It offers parents and educators the chance to work with each other and address a child’s special education needs. Mediation helps people talk and work hard on the problem without being hard on the people. The focus is on working together to find a solution that is in the best interest of the student.

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Arkansas Special Education Mediation Project - William H. Bowen School of Law - UA Little Rock

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The Arkansas Special Education Mediation Project (ASEMP) is different from other mediation programs in that it is not court-centered. The method for resolving special… Continue reading→

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Arkansas Special Education Mediation Project | CADRE

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This website was developed by CADRE, a project of Direction Service pursuant to Cooperative Agreement CFDA H326X180002 with the Office of Special Education Programs, United States Department of Education, Carmen M. Sánchez, Project Officer. The opinions expressed and materials contained herein do not necessarily reflect the position or policy of the United States Department of Education and you should not assume endorsement by the Federal Government.

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Mediation Clinic, UALR Bowen School of Law – ARDownSyndrome.org

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A free service provided by the Arkansas Department of Education, mediation brings together parents and educators to work with each other to resolve disagreements about a child’s special education needs. Special education mediation is voluntary and confidential.
Visit Online
https://dese.ade.arkansas.gov/Offices/special-education/dispute-resolution/mediation-iep-facilitation
Read the Brochure
https://issuu.com/bowenlaw/docs/2012_specedmediationbrochure_issuu?mode=window

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Division of Elementary and Secondary Education - Offices - Special Education

# data[].attributes.attachment_link.description
The Office of Special Education and Federal Programs collaborates with local school districts, educational service cooperatives, and other state agencies to ensure that all children with disabilities (ages 3 to 21) in Arkansas receive a Free Appropriate Public Education (FAPE) as outlined in the Individuals with Disabilities Education Act (IDEA). The Office of Special Education is committed to improving educational results for students with disabilities through statewide leadership, support, and service to schools, educators, students, families, and other stakeholders.

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Eligibility Criteria & Program Guidelines

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Division of Elementary and Secondary Education - Offices - Special Education - Parent and Family Resources

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Parents and families are important partners in achieving success for all students. This webpage is designed to help parents and families of students ages 3-21 learn more about special education in Arkansas.

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The Individuals with Disabilities Education Act (IDEA) is a law that makes available a free appropriate public education to eligible children with disabilities throughout the nation and ensures special education and related services to those children.

U.S. Department of Education. “IDEA.” IDEA, 2024, sites.ed.gov/idea/about-idea/ .

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Section 504 helps ensure that students with disabilities have equal access to educational opportunities.

US Department of Education. “Section 504.” U.S. Department of Education, 2024, www.ed.gov/laws-and-policy/individuals-disabilities/section-504.

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Inclusive practice ensures each child is treated fairly and with respect. By having access to educational content, each child is able to fully participate in their own learning which provides them with the skills and resources for later life.

The approach understands that every child is unique and this affects their readiness and ability to learn. As a result, teaching methods and activities should be structured to accommodate this.

Learning Journals. “What Is Inclusive Practice and Why Does It Matter?” Learning Journals, 17 Aug. 2021, learningjournals.co.uk/what-is-inclusive-practice-and-why-does-it-matter/.

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Text-to-speech (TTS) is a type of assistive technology that reads digital text aloud. It's sometimes called “read aloud” technology. With a click of a button or the touch of a finger, TTS can take words on a computer or other digital device and convert them into audio.

Martin, Jamie. “What Is Text-To-Speech?” Www.understood.org, www.understood.org/en/articles/text-to-speech-technology-what-it-is-and-how-it-works.

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# data[].attributes.body
uPar is an online reading protocol that provides educators with essential data on how their students read and understand text. This data helps teachers understand how each student understands what they read. It shows exactly “what works” for each student and determines the reading accommodations that are right for them.

“UPar Promote Usage.” Texthelp, 2025, academy.texthelp.com/upar/promote-usage/. Accessed 11 Feb. 2025.

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What is a Manifestation Determination Review? 

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What is a Manifestation Determination Review? 

# data[].attributes.body
A manifestation determination review is a process mandated by the Individuals with Disabilities Education Act (IDEA) that schools must follow when a student with a disability has engaged in behavior that may result in disciplinary action. The review is designed to determine whether the behavior was a manifestation of the student's disability or the result of the school's failure to implement the student's Individualized Education Program (IEP).

Tanner, Brandi. “Manifestation Determination Review (MDR) Overview.” Your IEP Source, 2023, youriepsource.com/manifestation.

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Arkansas Special Education Mediation Process? 

# data[].attributes.subject
Arkansas Special Education Mediation Process? 

# data[].attributes.body
The Arkansas Special Education Mediation Project (ASEMP) is different from other mediation programs in that it is not court-centered. The ASEMP gives parents and schools an alternative to filing a state complaint or requesting a due process hearing. Trained professional mediators assist parties in finding effective solutions to the problems affecting educational services for children with disabilities.

“Division of Elementary and Secondary Education - Offices - Special Education - Dispute Resolution - Mediation/IEP Facilitation.” Arkansas.gov, 2019, dese.ade.arkansas.gov/Offices/special-education/dispute-resolution/mediation-iep-facilitation. Accessed 11 Feb. 2025.

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UALR William H. Bowen School of LawFollow this publisher

# data[].attributes.attachment_link.description
The Arkansas Special Education Mediation Project (ASEMP) is different from other mediation programs in that it is not court-centered. The method for resolving special education disputes is an administrative hearing process. The ASEMP gives parents and schools an alternative. Trained professional mediators assist parties in finding effective solutions to the problems affecting educational services for children with disabilities. Mediation is voluntary and confidential. It offers parents and educators the chance to work with each other and address a child’s special education needs. Mediation helps people talk and work hard on the problem without being hard on the people. The focus is on working together to find a solution that is in the best interest of the student.