IDEA and Child Find Memos

Q. I received a memo stating, “Federal and state law requires that school divisions locate, identify, and evaluate all private and homeschooled children in their locality.” Am I obligated to have my children tested by my school district?

A. No. The memo you received is related to each school district’s obligation to “find” children who have special needs; however, you are not obligated to receive services or respond.

In order to receive federal funds under the Individuals with Disabilities in Education Act (IDEA), public school divisions must make efforts to locate, identify, and evaluate “parentally placed private school children with disabilities.”* This law is known as “Child Find,” and it is intended to ensure all eligible children receive the support they need.

Homeschoolers are not required to participate in ANY type of public school evaluation, and they are not obligated to receive special services from public schools. Though the law does not require you to respond to the memo, if the district is persistent, you may want to inform them that you decline their evaluation and services.

Homeschool vs Private School

*These memos generally originate from a common template that indicates, “In Virginia, home-schooled students are considered students attending private school.” This text is often confusing for parents. Home-instructed students are not considered private school students under Virginia’s compulsory attendance law. Only for the purposes of implementing IDEA requirements are home-instructed students included under the definition of “parentally placed private schooled children with disabilities” (see 8VAC20-81-150.C.1).