Heather B., Parent and Next Friend of S. S., et al. v. Houston Independent School District, et al.
DueProcess
Whether parents of a previously IDEA eligible blind student attending a private school bear any responsibility to give notice of their child's needs to a state or school district as a pre-condition for a state or school district's compliance with its affirmative Child-Find obligation under the IDEA?
QUESTION PRESENTED The Individuals with Disabilities Education Act (IDEA) requires states and school districts to identify, locate and evaluate children with disabilities including those attending private schools. 20 U.S.C. § 1412(a)(3)(A), 20 U.S.C. § 1412(a)(10)(A). The IDEA requires each state and school district to have policies and procedures and a practical method in place to ensure that children are timely identified, a duty known as Child Find. The question presented is: 1. Whether parents of a previously IDEA eligible blind student attending a private school bear any responsibility to give notice of their child’s needs to a state or school district as a pre-condition for a state or school district’s compliance with its affirmative Child Find obligation under the IDEA?