Under federal law, in order for a state to be eligible for funding from the federal government, it must have in place policies and procedures to ensure that the state meets certain conditions for children with special needs. One of those conditions is that a state has to identify, locate, and evaluate children who are suspected of having disabilities and who may need special education and related services but have not yet been found to be eligible. This child find requirement is an affirmative one: a parent is not required to request an evaluation. It is the school district's responsibility to initiate the process if there is reason to suspect that there is a disability requiring special education or services. The school district must then refer the child to the local committee on special education to better assess the child's specific needs. 

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A school district with experienced, trained educators is responsible for noticing obvious signs of a child struggling, even if the child’s parent is not aware of their child’s special needs, and has the knowledge and information to reach out to the appropriate channels. A school district will be liable if there were clear signs of disability and it failed to act.