34 C.F.R. § 104.32

Location and notification

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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.

[45 FR 30936, May 9, 2000, as amended at 65 FR 68054, Nov. 13, 2000]
Notes of Decisions
Cited in 16 cases (2 in the last 5 years), 1984–2026 · leading case: W.B. v. Matula, 67 F.3d 484 (3rd Cir. 1995).
W.B. v. Matula, 67 F.3d 484 (3rd Cir. 1995). · cites it 2× “See 34 C.F.R. § 104.32 (a). 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…”
P.P. v. Compton Unified Sch. Dist., 135 F. Supp. 3d 1098 (C.D. Cal. 2015). · cites it 3× “regarding “location and notification,” 34 C.F.R. § 104.32 ; (3) violation of Department of Education regulations regarding “procedural safeguards,” 34 C.”
D.L. v. Baltimore City Bd. of Sch. Commissioners, 706 F.3d 256 (4th Cir. 2013). “” 34 C.F.R. § 104.32 (a) — (b). Indeed, courts and commentators alike have recognized the child find obligation as an affirmative obligation.”
P.P. v. Compton Unified Sch. Dist., 135 F. Supp. 3d 1126 (C.D. Cal. 2015). “§ 794 ; (2) violation of Department of -Education regulations regarding “location and notification,” 34 C.F.R. § 104.32 ; (3) violation of Department of Education regulations regarding “procedural safeguards,” 34 C.”
Kimble v. Douglas Cnty. Sch. Dist. Re-1, 925 F. Supp. 2d 1176 (D. Colo. 2013). “34 C.F.R. §§ 104.32 , .35. While the substantive content of Section 504 as applied to a child’s education is similar to that of the IDEA, Section 504 has a wider scope.”
St. Louis Developmental Disabilities Treatment Ctr. Parents Ass'n v. Mallory, 591 F. Supp. 1416 (W.D. Mo. 1984). “A recipient that operates a public elementary or secondary school must identify, 34 C.F.R. § 104.32 (a); evaluate, § 104.35(a) and (b); provide a free appropriate educational program designed to meet the unique needs of § 104.”
Zdrowski v. Rieck, 119 F. Supp. 3d 643 (E.D. Mich. 2015). “to special education fall within the School District’s “child find” obligations to identify, locate, and evaluate all children with disabilities pursuant to 34 C.F.R. §§ 104.32 , 104.35. Indeed, disputes regarding these child-find obligations are “precisely the types of…”
J.W. Ex Rel. J.E.W. v. Fresno Unified Sch. Dist., 570 F. Supp. 2d 1212 (E.D. Cal. 2008). “” SAC ¶ 93 (citing 34 C.F.R. § 104.32 ). Rather, District recognized his area of disability and placed Plaintiff in the “aural/oral” program preschool and kindergarten.”
Dl v. Dist. of Columbia, 312 F.R.D. 1 (D.D.C. 2015). “34 C.F.R. 104.32. Next, D.C.Code and the IDEA require that the District evaluate these identified children, 20 U.”
P.P. Ex Rel. Michael P. v. West Chester Area Sch. Dist., 557 F. Supp. 2d 648 (E.D. Pa. 2008). “See 34 C.F.R. § 104.32 ; W.B. v. Matula, 67 F.”
Stephen C., al v. Bureau of Indian Educ. (D. Ariz. 2019). · cites it 4× “129 at 65–66) 34 C.F.R. § 104.32 states: 24 “[a] recipient that operates a public elementary or secondary education program or activity shall annually: (a) Undertake to 25 identify and locate every qualified handicapped person residing in the recipient’s jurisdiction who is not…”
G. E. v. Williamson Cnty. Bd. of Educ. (6th Cir. 2026). · cites it 2× “§ 1412 (a)(3) (IDEA child-find obligation); 34 C.F.R. §§ 104.32 , 104.35 (implementing regulations for Section 504 child-find obligation).”
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