$0 Illinois Dispute Letter Starter Kit

Child Find in Illinois: What Schools Are Required to Do — and What to Do When They Don't

Your child is struggling. Their teacher knows it. You know it. But nobody from the school has mentioned special education, nobody has suggested an evaluation, and every time you bring it up, you're told to wait and see. Meanwhile, your child is falling further behind.

This situation — where a child who clearly needs support isn't being identified for special education services — is exactly what the Child Find obligation exists to prevent.

What Child Find Requires

Child Find is a federal requirement under IDEA (34 CFR §300.111) that every Illinois school district must have a system in place to identify, locate, and evaluate all children with disabilities residing in the district who may need special education and related services.

Child Find doesn't only apply to children already enrolled in public school. It extends to:

  • Children enrolled in private schools within the district's geographic boundaries
  • Homeschooled children
  • Children experiencing homelessness
  • Children in foster care
  • Children who are wards of the state
  • Children aged 3 to 21, from early childhood through secondary school

Under 23 Illinois Administrative Code Part 226, districts are required to implement specific procedures for identifying children who may have disabilities. This includes processes for teachers to refer students for evaluation, for parents to request evaluations, and for districts to proactively screen and identify children at risk.

The School's Obligation vs. Yours

Here's the misunderstanding many parents have: Child Find is the district's obligation, not yours. The district is supposed to have systems that identify struggling students and move them toward evaluation. You shouldn't have to discover special education law on your own, figure out that an evaluation is possible, and submit a formal written request — though doing that, if necessary, is exactly what this article explains.

In practice, Child Find systems in Illinois are imperfect. Districts vary enormously in how proactively they screen and refer students. Teacher quality and training affects who gets referred. Implicit bias affects who gets identified: studies consistently show that students from minority communities are simultaneously over-identified for behavioral disability categories and under-identified for learning disability categories.

The MTSS/RtI trap is also common: students are placed in Tier 2 and Tier 3 academic interventions and kept there for years without anyone initiating a special education referral, even when the interventions clearly aren't working. Illinois law explicitly prohibits using RtI participation to delay or deny a special education evaluation — but without a parent who knows to push back, the delay continues.

How to Trigger Child Find if You Believe Your Child Is Being Missed

Step 1: Make a written referral request.

Under IDEA and Part 226, any parent can request a special education evaluation in writing at any time. This is not a "Child Find referral" — it's your right as a parent to request an evaluation, which then triggers the district's obligation to respond within 14 school days and complete the evaluation within 60 school days of written consent.

Write a straightforward letter or email:

"I am writing to formally request a comprehensive special education evaluation for my child, [name], DOB [date], currently enrolled at [school name] in [grade]. I am concerned that [describe specific areas of concern — not getting through homework without significant support, reading two grade levels below peers, behavioral outbursts that seem related to frustration, etc.]. Please provide me with the Consent to Evaluate form within 14 school days so the evaluation timeline can begin."

Step 2: Address the RtI delay if you encounter it.

If the district responds by saying your child is in an intervention program and you should wait to see if it works, cite the law: "I understand the district may be providing RtI supports. Under 23 IL Admin Code §226.110 and §226.130, a parent's request for evaluation cannot be delayed because the student is receiving RtI or MTSS services. Please provide me with the evaluation consent forms."

Step 3: If the district refuses to evaluate, demand Prior Written Notice.

If the district refuses your evaluation request, they must provide you with a Prior Written Notice explaining why they're refusing and what data they relied on. A refusal to evaluate a child who is clearly struggling is challengeable through an ISBE State Complaint.

Free Download

Get the Illinois Dispute Letter Starter Kit

Everything in this article as a printable checklist — plus action plans and reference guides you can start using today.

Child Find for Children Not Yet in Public School

Child Find extends to children aged 3 through 21 who are not in public school. If you have a child in a private school, religious school, or homeschool setting who you believe has a disability, the public school district where you live is obligated to evaluate them.

The process works the same way: submit a written request for evaluation to the public school district. The district cannot refuse to evaluate simply because your child is enrolled elsewhere.

For families transitioning from early intervention (Part C, ages 0-3) to school-age services (Part B, ages 3-21), Child Find overlaps with the age 3 transition process. Your child's early intervention team should begin the transition conversation at least 6 months before their 3rd birthday. If this hasn't happened and your child is approaching age 3, contact the school district's special education department immediately to initiate the transition and evaluation process.

Documenting Concerns to Support a Child Find Request

When you request an evaluation, attach evidence of your child's struggles. This isn't legally required, but it strengthens your request and makes it harder for the district to claim there's no basis for concern. Relevant documentation includes:

  • Report cards from the past two to three years showing academic struggles or behavioral concerns
  • Teacher comments or conference summaries describing concerns
  • Any private assessments (tutoring evaluations, pediatric occupational therapy reports, speech-language screenings) that flagged potential disabilities
  • Your own written description of what you observe at home — specific, dated, and behavioral

The stronger your documented basis for concern, the more difficult it is for the district to issue a refusal that holds up under scrutiny.

The Illinois IEP & 504 Advocacy Playbook at /us/illinois/advocacy/ includes a Child Find evaluation request letter that cites the specific Illinois regulations prohibiting RtI delay, and a follow-up PWN demand letter for when the district fails to respond. Getting a child who has been missed into the evaluation process is often the hardest step — having the right language ready makes it faster.

Get Your Free Illinois Dispute Letter Starter Kit

Download the Illinois Dispute Letter Starter Kit — a printable guide with checklists, scripts, and action plans you can start using today.

Learn More →