Charter SELPA - Independent Study-Child Find Obligations

Independent Study-Child Find Obligations

Legal Requirements

Child Find is a federal requirement under the Individuals with Disabilities Education Act (IDEA) that requires LEA/Districts to identify, locate, and evaluate children with disabilities who need special education services (34 CFR 300.311). LEAs are required to implement Child Find policies and procedures, consistent with those of the state they are located (EDC § 56301), to ensure children with disabilities who attend virtual schools are identified, located, and evaluated. The operation of a virtual school setting typically limits a teacher’s interaction and in-person contact with students, so it may be more challenging to identify children who should be evaluated in the same manner as a traditional seat-based setting. Therefore, LEAs should determine alternative ways of meeting these responsibilities, such as conducting screenings and requiring that questionnaires be completed by teachers, staff, and parents. Reliance on referrals by parents should not be the primary vehicle for meeting IDEA’s Child Find requirements. Additional information regarding Child Find responsibilities under the IDEA can be found within The United States Department of Education (USDOE) Return to School Roadmap (2021). The El Dorado Charter SELPA Procedural Guide also provides guidance for LEAs in the Child Find Basics Section.

Best Practices for Child Find in Independent Study

Develop and Disseminate Clear Policies

Written Procedures: Ensure that the LEA has a Child Find policy that outlines the process for identifying, locating, and evaluating students with disabilities, ensuring it aligns with state and federal IDEA requirements.
Stakeholder Awareness: Share and revisit Child Find policies with staff, students, parents, and caregivers through orientations, websites, and parent handbooks.

Establish a Referral Process

Collaborate with general education staff to establish a clear understanding of how Response to Intervention (RTI) or Multi-Tiered System of Support (MTSS) is implemented within your Independent Study program, ensuring alignment with the unique structure and needs of this educational setting.
Include instructions for how staff and parents/guardians can initiate a referral for evaluation.

Communication with Parents/Guardians

Provide parents with clear, easy-to-understand materials (e.g., brochures, digital guides) that explain their rights under IDEA, how to request an evaluation and who to contact, the evaluation process and timelines, and the availability of services.
Include opportunities for parents to ask questions about Child Find during Independent Study onboarding or regular communication.
Incorporate a process to document that parents have received information about Child Find, their rights, and the steps to request an evaluation through signed forms, digital confirmations, or meeting logs. This can be done at enrollment or annual parent notifications.
Use multiple channels (phone calls, text messages, emails, virtual meetings, in-person meetings, etc.) to stay in touch with parents and students, ensuring any concerns about a child’s development are discussed early.
Annually send a child find letter to all enrolled students (sample child find letter located in the SEIS document library).

Monitoring Student Progress

Regularly track academic progress through assessments, assignments, and participation using online platforms that are easily shared between school staff and family members who may not regularly interact in person.
Identify data collection resources to be used consistently in various academic and social/emotional areas to gather data on intervention or IEP goal progress.
Monitor for signs of academic struggle, behavioral issues, or attendance problems, which may indicate a need for special education evaluation.

Training for Teachers and Staff

Provide ongoing training and feedback for independent study teachers and staff delivering instruction in the virtual setting to ensure lessons and interventions are delivered appropriately to meet students’ needs.
Collaborate with school team members who may have more contact with students outside of classroom settings, such as school counselors or school wellness coaches, to develop and provide appropriate tiered support.
Ensure on an annual basis that all staff know how to initiate a referral if they suspect a disability, including documentation of observed concerns.
A designated staff member will need a process to run CALPADS reports regularly to find new students who should be receiving special education services (some families may not communicate that their student has a current IEP upon enrollment in an independent study program).

Assessment Considerations (Online vs. In Person)

The IDEA requires that when an LEA suspects a disability, a full and individual evaluation to determine if a child is eligible for special education must occur (34 CFR § 300.301).” An evaluation conducted for the purposes of determining special education eligibility must be conducted by qualified personnel, use multiple measures, be individually tailored to the student, and be comprehensive in scope to assess all areas of suspected disability. The evaluation tools utilized must be valid for the purpose they are used and align with test publishers' guidelines and established norming standards and assessments must be provided and administered in the student’s native language (CFR § 300.304 and EDC § 56320).

Assessments under the IDEA rely upon quantitative and qualitative data to understand the whole child and establish their strengths and areas of need. Further, observation in multiple settings is required. The California Education Code specifies that observations of the student should be conducted in multiple settings, including the student’s usual educational environment. This ensures that the assessment reflects the student’s performance across different contexts (EDC 56320(b)(2).

While virtual assessments offer flexibility, they present numerous challenges that can affect the validity of results. These challenges primarily relate to limitations in observation, interaction, environmental control, and access to necessary resources. The following table summarizes how the validity of fully virtual assessments may be compromised:

Limited Observation of Student Behavior	Virtual assessments may not allow for direct, in-person observation of a student's behavior in various settings, which is required by both IDEA (CFR § 300.304) and California Ed Code (Ed. Code § 56320).
Challenges with Sensory and Environmental Factors	Virtual assessments may not account for the full range of sensory and environmental factors affecting a student's performance (e.g., distractions at home, lack of appropriate accommodations, or insufficient resources). The virtual setting may introduce uncontrolled variables, such as background noise, lack of appropriate assistive technology, or family distractions, which can affect a student’s performance during the assessment. This reduces the ability to assess the student under typical conditions, potentially distorting results and failing to reflect the student's true abilities or needs.
Difficulty in Administering Standardized Tests	Many standardized tests require specific materials, precise procedures, or controlled environments to ensure accuracy and consistency in test administration. Virtual platforms may not replicate these conditions adequately. The inability to adhere to standardized administration procedures can undermine the reliability and comparability of test results. For example, scoring may be influenced by the student’s home environment, the tester's inability to maintain consistent control over testing conditions, or technical difficulties with virtual platforms.
Technological Barriers	Not all students have access to the same level of technology (e.g., reliable internet, devices, or appropriate software) necessary for a fair and consistent virtual assessment process.
Limited Evaluation of Communication Skills	Observing communication behaviors such as eye contact, body language, or the quality of social interaction may be difficult in a virtual format. This could result in incomplete data for evaluating a student’s communicative strengths or needs, leading to an inaccurate determination of eligibility.
Compromised Social and Emotional Evaluation	Important behavioral cues (e.g., anxiety, impulsivity, or coping strategies) may not be fully observable in a virtual environment. Without in-person observation of how a student behaves in social or educational contexts, the assessment may not provide a full picture of the student’s social-emotional functioning.

To ensure the integrity of the assessment process, LEAs must consider these constraints and adapt their approach to ensure that evaluations remain fair, objective, comprehensive, and in compliance with legal requirements. It is strongly encouraged that school psychologists and other examiners make necessary arrangements to administer assessments to students in person. However, observations virtually may be needed, for example, to assess how a student interacts behaviorally or socially in a virtual instruction environment, as that may be how they solely receive instruction in their independent study program. In some cases, LEAs may have no other feasible option but to conduct evaluations virtually, particularly in situations where in-person assessments are not possible due to health concerns, geographic constraints, or other exceptional circumstances. In such instances, it is critical for the evaluation process to still adhere to IDEA and California Education Code requirements as closely as possible. LEAs should consider adapting their methods to mitigate the limitations of virtual assessments, such as ensuring that technology is accessible to all students, providing clear instructions to both students and parents, and leveraging multiple sources of data, including teacher observations, parent input, and previous assessment results. Additionally, the LEA should prioritize flexibility, making accommodations where necessary to ensure that the student’s unique needs are accurately assessed and that the evaluation process remains as comprehensive and valid as possible, even in a virtual format.

The following questions were developed for LEAs and IEP teams when considering virtual assessments (see Questions and Answers for K-12 Pub. Schs. in the Current COVID-19 Environment, 77 IDELR 139 (OCR 2020)):

Have examiners been trained in conformance with the test producer’s instructions and in a manner consistent with regulations?
Have examiners or LEAs worked with the developers of the assessment instruments to determine if they can be conducted remotely without significantly impacting the validity and reliability of the results?
Is there an opportunity for a hybrid approach where components of the evaluation can be conducted remotely while others are completed in person?
What education or training is needed for parents or adults at home to ensure proper facilitation that doesn’t skew results?

Note: Parents being present during an evaluation can invalidate results.

Is there a plan to create a testing environment free of distractions in the home as much as possible and a plan to address possible technology fatigue?
Does the student have reliable internet and access to adequate technology?
Does the virtual assessment have a built-in virtual testing platform?
Have the student’s age and developmental levels been considered when determining if they can successfully engage in remote assessment?
Is there a plan to compare virtual assessment scores to the student’s historical scores from in-person assessments to identify possible discrepancies?
If a virtual assessment is being considered because of the student’s location, has there been consideration made around contracting with school psychologists who may be local or willing to travel (with the proper licensure to assess in California)?
Is virtual assessment necessary to prevent the delay of assessment due to compliance timelines and the assessor's inability to travel to the student?

The California Association of School Psychologists (CASP) position paper, titled Online Psychoeducational Assessments also provides guidance to ensure validity, reliability, and equity in remote evaluation practices. Key recommendations include obtaining informed consent, assessing technological readiness, and using tools validated for remote administration. Practitioners are advised to address environmental factors, such as minimizing distractions and creating a suitable testing space, while maintaining cultural and linguistic sensitivity. Results should be interpreted cautiously, with clear documentation of any deviations from standard procedures. Ethical practices, collaboration with families, and adherence to professional standards are emphasized to uphold the integrity of remote assessments.

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