Referral & Child Find

The first step in the special education process

Feb 27, 2025

When a child is struggling in school—whether with learning, emotions, or behavior—it can be hard to know what to do or where to begin. Seeing this struggle can also be deeply emotional, and the laws and procedures to support that child can be confusing.

Fortunately, the Individuals with Disabilities Education Act (I.D.E.A.), a special education law that applies to every state, outlines a series of steps to help understand a child’s learning needs, and how to support those needs in school.

What is a Referral?

The first step in the special education process is to refer a child for an “initial evaluation.” We will dive into evaluations in another newsletter, but for now, it is helpful to know that the goal of this evaluation is to understand a child’s learning needs. A child does not need a formal diagnosis before a referral is made.

The first step in the special education process is to refer a child for an “initial evaluation.”

There are two ways to refer a child for an initial evaluation so that they may be considered for special education services. First, a school district can make the referral through a process called “Child Find.” This requires the school district to identify and evaluate any child it suspects has a disability. Second, a parent can request that the school district evaluate their child.

A referral for an initial evaluation does not guarantee that a child will receive special education services. Rather, it means that the district would like to evaluate the child to see if they qualify for special education services.

The School District’s “Child Find” Obligation

The I.D.E.A. requires public school districts to “identify, locate, and evaluate” any child suspected of having a disability. This process is called “Child Find.” The school district must identify any child who may need special education services, including children who may be homeless, wards of the state, in foster care, attending private school, children who are advancing from grade to grade, preschool students, and children who are “highly mobile.” Children who are “highly mobile” include children who have moved to the United States, regardless of their (or their parents’) legal status.

Under the I.D.E.A.’s “Child Find” requirement, a public school district must “identify, locate, and evaluate” any child who may have a disability and qualify for special education services. This includes children who may be homeless, wards of the state, in foster care, attending private school, children who are advancing from grade to grade, preschool students, and children who are “highly mobile.” Children who are “highly mobile include children who have moved to the United States, regardless of their or their parents’ legal status.

In general, a school needs to do two things to fulfill its Child Find responsibility:

Identify any child that the district has “reason to suspect” has a disability and may qualify for special education services, and
Start the evaluation process within a “reasonable period.”

It is important to note that there is no clear definition for the “reason to suspect” requirement. Whether a child is suspected of having a disability depends on the specific situation. But some courts have explained that a school district might reasonably suspect that a child needs special education services if, for example, a parent or teacher raises concern, if a parent requests an evaluation, or given the child’s behavior or performance.

The I.D.E.A. also does not clearly define what counts as a "reasonable period of time" for starting an evaluation. Because different courts have interpreted this requirement in various ways, it can be helpful to reach out to the school district or a legal expert to find out the specific timing for a particular state.

The Parent’s Right to Request an Initial Evaluation

Under the I.D.E.A., if a parent believes their child might have a disability, they do not have to wait for the school to bring it up. The parent can ask the school district to evaluate their child. This request can be made verbally or in writing.

According to the I.D.E.A., a “parent” includes a:

Biological parent
Adoptive parent
Foster parent (unless this is not allowed by state law)
Guardian (but not the state if the child is a ward of the state)
Someone acting in place of a natural or adoptive parent who the child lives with, or who is legally responsible for the child (such as a grandparent, stepparent, or other relative)
In some cases, a surrogate parent

Parental Consent Requirement

Before a public school district can evaluate a child, they need to get permission from the child’s parent. This permission is called “informed consent.” According to the I.D.E.A. “informed consent” has several requirements, including but not only:

The school district has informed the parent of all information relating to the initial evaluation, in the parent’s native language,
The parent understands and agrees in writing to the initial evaluation,
The parent must understand that their consent is voluntary and can be taken back at any time.

If a parent revokes their consent, this does not affect anything that happened before they took back that consent. This revocation only applies to things going forward.

In general, a public school district needs informed consent from a parent before starting evaluations, although there are a few exceptions. It is important to understand that if a parent agrees to evaluations, this does not mean the parent agrees to special education services. If the child qualifies for special education services, the school district must get separate informed consent for those services.

How Does a Parent Request an Initial Evaluation?

Although public school districts must identify and evaluate a child suspected of having a disability because of the I.D.E.A.’s Child Find requirement, this does not always happen.

This can be very frustrating for parents, especially since many might be unfamiliar with the special education process or legal requirements. As a parent, it is important to know that if you believe your child may have a disability, you have the right to ask the school to evaluate them.

A parent can request an initial evaluation verbally or in writing. If possible, it is often best to make this request in writing, such as by email or text. This will record the date of the request which may be important in case of delays down the road.

Under the I.D.E.A., parents have the right to request that a school district evaluate their child and consider special education services. This request can be made verbally or in writing. The parent does not need to wait for the school district to make a referral.

Parents can also speak with school or district staff to request an initial evaluation, such as the child’s teacher, principal, or special education coordinator. If the request is made verbally, it is important to document who the parent spoke to, when the conversation happened, and what was said right away. There are a lot of ways this documentation can take place, such as by sending a follow-up email, taking notes, or summarizing the conversation in a video or voice memo after it happens.

In general, it can be helpful to include the following information as a parent requesting an initial evaluation: the child’s name, date of birth, current school and grade level, a brief description of concerns and/or why the parent suspects their child might need special education supports, and a request to “comprehensively evaluate” their child “in all areas of suspected disability.”

Tip: In general, if a parent requests an initial evaluation, it can be helpful to include the following in that request: the child’s name, date of birth, current school and grade level, a brief description of concerns and/or why the parent suspects their child might need special education supports, and a request to “comprehensively evaluate” their child “in all areas of suspected disability.”

We will discuss the importance of this “comprehensive evaluation” language in a later newsletter, but for now, it can be helpful to know that the law requires that evaluations are very thorough and assess any disability the school district should suspect.

Important Timelines

Under the I.D.E.A., a public school district must evaluate a child within 60 days of the parent providing consent or if the state provides a different timeframe, within the state’s timeframe.

Some states provide timelines that are fewer than 60 days. For example, in Massachusetts, after the parent has agreed to the initial evaluation, the school district must provide or arrange for the evaluation within 30 school days.

Tip: Always check to see if your state is counting days as “calendar days” or “school days.” Whether your state uses calendar or school days can have a big impact on evaluation timing.

If you are unsure about your state’s timelines, it may be helpful to contact your local department of education or an education lawyer in your state to ask how long the school district has after the parent consents to an initial evaluation and/or makes a referral to complete those evaluations.

What Happens After the Referral?

After a child has been referred for an initial evaluation, and the parent has given informed consent, the evaluation will take place. After the evaluation is complete, the school district, parents, and potentially other supports will meet to talk about the evaluation and whether the child is eligible for special education services. We will talk about evaluations and eligibility in more depth in later newsletters.

Key Takeaways

As always, whether you are a parent, educator, healthcare provider, specialist, or advocate, thank you so much for all that you do to support children with disabilities every day. Below is a brief summary of several key takeaways about the referral process:

The first step in the special education process is to refer a child for an initial evaluation.
The goal of the initial evaluation is to understand the child’s learning needs.
There are two ways to refer a child for an initial evaluation, the first is through the school district’s Child Find requirement and the second is through a Parent Referral.
Under the I.D.E.A., Child Find requires that public school districts must actively “identify, locate, and evaluate” any child suspected of having a disability.
Under the I.D.E.A., Parent Referral is when a parent asks the public school district, verbally or in writing, to evaluate their child and consider their child for special education supports.
Before a school district can evaluate a child, the district must get informed, written consent from the parent (consent must be in the parent’s native language).
A public school district must evaluate a child within 60 days of the parent providing informed consent or, if the state provides a different timeframe, within the state’s timeframe.
After a child is referred for evaluation and the parent consents to the evaluation, the child is evaluated and a meeting is held to talk about whether the child is eligible for special education services.