How the Law Can Help You Get an Evaluation for Your Special Needs Child

Child Find is an area of special education law that can go unnoticed; although, it is very important. The concept of “child find” is a legal concept that places the burden on the school district to identify, locate, and evaluate children they suspect may be in need of special education education or related services. While I encourage parents to send an evaluation request to the school district in writing, I also can’t stress enough the significance that, legally speaking, the school district has its own obligation to request an evaluation from the parent, as well.

One legal case that highlighted the school district’s child find requirement was Montouri v. District of Columbia School District. In that case, A.M. (minor child) was diagnosed with attention-deficit/hyperactivity disorder (ADHD). A.M. had been under a 504 Service Agreement since elementary school. When A.M. entered middle school, another psychological reevaluation was conducted, and another 504 Service Agreement was implemented. The school wanted to offer a 504 Service Agreement, and conduct a Functional Behavior Assessment (FBA) to address A.M.’s escalating behavioral issues. However, the parents wanted an IEP, so they filed a due process complaint. The issue before the court was: Had the school district violated its Child Find obligations by not also evaluating A.M. for an IEP? The court found for the parents, that the school had failed to timely evaluate A.M. for an IEP, thus constituting a Child Find violation. The reason was because Child Find is an affirmative obligation, meaning it was a requirement of the school to identify A.M. as a child who may be in need of special education services, and thus should have sent a Permission to Evaluate form to the parents to have the school conduct an evaluation. The school district believed it was relieved of its Child Find obligations when the parents and school officials agreed at a school meeting to proceed with a 504 Plan in lieu of initiating IDEA services. However, the court noted that even if A.M.’s parents had been content with having only the 504 plan, the school should have sought permission from the parents to do the required testing but failed to do so.

Going forward, consider whether you believe your child received a late diagnosis of a disability that negatively impacted his/her education. If so, consider what evidence you have to support that, relative to the age of the child. For young children, remember to distinguish between behaviors consistent with other children the same age and behaviors consistent with the disability. These are the factors a court will consider and the school district will also use them in its defense at a due process hearing.