34 C.F.R. § 300.111

Child find

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(a) General. (1) The State must have in effect policies and procedures to ensure that—

(i) All children with disabilities residing in the State, including children with disabilities who are homeless children or are wards of the State, and children with disabilities attending private schools, regardless of the severity of their disability, and who are in need of special education and related services, are identified, located, and evaluated; and

(ii) A practical method is developed and implemented to determine which children are currently receiving needed special education and related services.

(b) Use of term developmental delay. The following provisions apply with respect to implementing the child find requirements of this section:

(1) A State that adopts a definition of developmental delay under § 300.8(b) determines whether the term applies to children aged three through nine, or to a subset of that age range (e.g., ages three through five).

(2) A State may not require an LEA to adopt and use the term developmental delay for any children within its jurisdiction.

(3) If an LEA uses the term developmental delay for children described in § 300.8(b), the LEA must conform to both the State's definition of that term and to the age range that has been adopted by the State.

(4) If a State does not adopt the term developmental delay, an LEA may not independently use that term as a basis for establishing a child's eligibility under this part.

(1) Children who are suspected of being a child with a disability under § 300.8 and in need of special education, even though they are advancing from grade to grade; and

(2) Highly mobile children, including migrant children.

(d) Construction. Nothing in the Act requires that children be classified by their disability so long as each child who has a disability that is listed in § 300.8 and who, by reason of that disability, needs special education and related services is regarded as a child with a disability under Part B of the Act.

(Approved by the Office of Management and Budget under control number 1820-0030) (Authority: 20 U.S.C. 1401(3)); 1412(a)(3))

Notes of Decisions

Cited in 83 cases (30 in the last 5 years), 2007–2026 · leading case: D.K. Ex Rel. Stephen K. v. Abington Sch. Dist., 696 F.3d 233 (3rd Cir. 2012).

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D.K. Ex Rel. Stephen K. v. Abington Sch. Dist., 696 F.3d 233 (3rd Cir. 2012). · cites it 2× “§ 1412 (a)(3); 34 C.F.R. § 300.111 . A school’s failure to comply with Child Find may constitute a procedural violation of the IDEA.”

El Paso Indep. Sch. Dist. v. Richard R. Ex Rel R.R., 567 F. Supp. 2d 918 (W.D. Tex. 2008). · cites it 3× “]” 34 C.F.R. §§ 300.111 (a), (c)(1); see 20 U.”

J.S. v. Scarsdale Union Free Sch. Dist., 826 F. Supp. 2d 635 (S.D.N.Y. 2011). · cites it 3× “” 34 C.F.R. § 300.111 (c)(1); see also Bd. of Educ.”

Bd. of Educ. of Fayette Cnty., Kentucky v. L.M., as Legal Guardian of T.D., a Minor L.M., on Her Own Behalf & T.D., by His Legal Guardian, 478 F.3d 307 (6th Cir. 2007). · cites it 2× “34 C.F.R. § 300.111 (a)(1). Even children who are only suspected of having a disability, although they are progressing from grade to grade, are protected by this requirement.”

E.M. v. Pajaro Valley Unified Sch. Dist. Off. of Admin. Hearings, 652 F.3d 999 (9th Cir. 2011). · cites it 2× “§ 1412 (a)(3)(A); 34 C.F.R. § 300.111 (a)(1)(ii); Cal. Educ.”

P.P. Ex Rel. Michael P. v. West Chester Area Sch. Dist., 585 F.3d 727 (3rd Cir. 2009). “§ 1412 (a)(3); 34 C.F.R. § 300.111 (a). Pennsylvania codifies its “child find” duties at 22 Pa.”

Ridley Sch. Dist. v. M.R., 680 F.3d 260 (3rd Cir. 2012). “34 C.F.R. § 300.111 . Pennsylvania’s “child find” procedures are set forth in 22 Pa.”

Mr. P v. W. Hartford Bd. of Educ., 885 F.3d 735 (2d Cir. 2018). “34 C.F.R. § 300.111 (a)(1)(i)-(ii). The obligation extends to all children suspected of having a disability requiring special education, "even though they are advancing from grade to grade.”

Sch. Dist. of Pittsburgh v. Provident Charter Sch. For Child. With Dyslexia, 134 A.3d 128 (Pa. Commw. Ct. 2016). · cites it 2× “14 See 34 C.F.R. §300.111 (a) (setting forth the “child find” mandates, including the requirement that all children residing in the Commonwealth who have disabilities be identified, located and evaluated and that methods be employed to determine which children are receiving…”

D.A. Ex Rel. Latasha A. v. Houston Indep. Sch. Dist., 629 F.3d 450 (5th Cir. 2010). “Weaver v. Puckett, 896 F.2d 126, 128 (5th Cir.”

T.B. v. Prince George's Cnty. Bd. of Educ., 897 F.3d 566 (4th Cir. 2018). “" 34 C.F.R. § 300.111 (c). Failure to meet this obligation "may constitute a procedural violation of the IDEA.”

W.A., M.S. v. Hendrick Hudson Cent. Sch. Dist., 927 F.3d 126 (2d Cir. 2019). “3d at 749 ; 34 C.F.R. § 300.111 . This obligation extends not only to children with disabilities but also to those "who are suspected of being a child with a disability .”

Show all 83 citing cases →

— 34 C.F.R. § 300.111(a)(1)(i) — 1 case

Giron (D. Colo. 2025).

— 34 C.F.R. § 300.111(c)(1) — 1 case

Doe v. Canton Bd. of Educ. (D. Conn. 2024).

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