When parents express concerns about their child’s school performance and disclose a potentially disabling condition, school districts need to timely evaluate those students. That was the distinct message that the Office of Civil Rights (OCR) sent to Cassopolis Public Schools, a public school district in Michigan.
In that case, a student was routinely excluded from “Fun Fridays,” a reward program set up by his elementary school for students who showed good academics and good behavior. The parent informed the child’s teacher, principal, and school superintendent that the child needed help completing homework, was disorganized, and worked slower than other students. In addition, she disclosed that the child had been diagnosed with ADHD and was taking medication for it. The parent never expressly requested an evaluation. The school district never evaluated the student under Section 504.
Unsurprisingly, OCR found the school district inviolation of its child find obligations under Section 504. Specifically, OCR determined that the school district had reason to suspect the child was disabled and should have evaluated him for eligibility. Further, the parent was not required to say the word “evaluation” to trigger the child find obligation. Instead, because the school district had enough information to suspect the child was disabled, its child find obligation was triggered. The case is Cassopolis Public Schools, 111 LRP 24653 (OCR 2010).
Don’t let this happen to your school district. The child find obligation belongs entirely to the school district. Parents do not have to request evaluations or even say the word “evaluation.” Instead, as soon as your school district has reason to suspect that a child may be disabled, you should begin the evaluation process, first by discussing the matter with the parent and securing parental consent.
If you are interested in learning more, or if you have any questions and would like to discuss these developments further, please contact any of Brock Clay’s special education attorneys.
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