Child Find Violations: When Schools Fail to Act

Congruence Law, P.C. Holds Schools Accountable for Ignoring Signs of Disability

Public schools aren’t allowed to wait for students to fail before providing help. Under the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act, schools have a legal obligation to identify, locate, and evaluate every student who may have a disability—even if the parent never formally requests it. This is known as the Child Find duty.

Too often, schools ignore warning signs, downplay parent concerns, or push general education interventions that delay evaluation. These failures can rob students of critical support—and violate federal law.

At Congruence Law, P.C., we represent families whose children were overlooked, misidentified, or denied evaluation. We fight to secure compensatory services and ensure your child’s needs are finally recognized and addressed.

What Is “Child Find”?

Child Find is a proactive legal duty that applies to all public schools. It requires schools to:

• Identify and locate students who may have disabilities

• Evaluate those students in all areas of suspected need

• Do so in a timely manner, without requiring parental advocacy or a formal diagnosis

This obligation applies to:

• Students in public schools

• Students attending private schools (with limited entitlements)

• Homeless, highly mobile, or foster youth

• English language learners

• Students who are “doing fine academically” but struggle in other areas (behavior, attention, social-emotional)

Signs Your Child Should Have Been Evaluated

➤ Chronic behavioral issues or repeated discipline for issues tied to attention, impulse control, or emotional regulation

➤ Teacher complaints about focus, executive functioning, or classroom engagement—without follow-up support

➤ Academic struggles not explained by effort or environment

➤ Frequent absences or somatic complaints masking underlying anxiety, trauma, or mental health needs

➤ Speech, language, motor, or sensory concerns that go unassessed

➤ Parent requests for help that are ignored, delayed, or met with vague responses

Common Child Find Violations

• Delaying evaluation requests while requiring pre-referral interventions like RTI or MTSS

• Telling parents to wait until the next school year, grade, or report card

• Refusing to evaluate because the child is “passing” or “well-behaved”

• Evaluating only one area, while ignoring related needs (e.g., assessing reading but not attention or social-emotional needs)

• Not referring for special education despite multiple suspensions or chronic behavior problems

What We Do at Congruence Law, P.C.

We help families take legal action when schools fail to meet their Child Find duties:

• Demanding timely, comprehensive evaluations across all areas of suspected need

• Challenging refusals or delays through formal written requests and enforcement strategies

• Securing retroactive eligibility and services based on missed opportunities

• Filing due process complaints to obtain compensatory education and enforce accountability

• Advising families through the MTSS/RTI maze, ensuring intervention is not a substitute for evaluation

We also help parents build the documentation they need—from emails and report cards to behavioral logs and outside evaluations—to prove the school “should have known.”

How Schools Try to Excuse Inaction—and Why It Fails

“We’re monitoring the situation.”→ Monitoring without evaluating is not enough. The law requires timely, proactive assessment.

“They don’t qualify because they’re passing.”→ A child may still have a disability even if grades are average. Disability is not defined by failure.

“Let’s try more interventions first.”→ Interventions can happen during evaluation—not instead of it. IDEA prohibits delay tactics.

Pitfalls to Avoid

• Delaying your written request for evaluation. The school must respond within specific timelines once a written request is received.

• Relying on verbal conversations. Schools may deny you ever asked. Put everything in writing.

• Letting the school redefine the issue. Focus on your child’s needs—not the school’s convenience or resources.

• Assuming early interventions will “work themselves out.” Without formal evaluation, your child remains unprotected.

Why Choose Congruence Law, P.C.

We believe early identification is not just a legal mandate—it’s a moral one. When schools fail to act, children fall through the cracks. We step in to demand accountability, secure services, and protect the futures of children who deserve better.

If you believe your child was denied an evaluation or overlooked despite clear signs of need, contact us today:

education@congruencelaw.com or at 202-630-8141

Let us help you uncover what your school ignored—and enforce the rights that should have been honored all along.