Preschool, Elementary, and Secondary Education:
Location and Notification (Child Find)

Regulation:

34 C.F.R. § 104.32 - Location and notification.

A recipient that operates a public elementary or secondary education program or activity shall annually:

(a) Undertake to identify and locate every qualified handicapped person residing in the recipient's jurisdiction who is not receiving a public education; and

(b) Take appropriate steps to notify handicapped persons and their parents or guardians of the recipient's duty under this subpart.

Case Law:

W.B. v. Matula, 67 F.3d 484 (3rd Cir. 1995).

  • "Neither the statutes nor regulations establish a deadline by which time children who are suspected of having a qualifying disability must be identified and evaluated, but we infer a requirement that this be done within a reasonable time after school officials are on notice of behavior that is likely to indicate a disability."