Raff and Raff

Understanding NJ Child Find Rights

My Child Is Falling Behind, but the School Says “Grades Are Fine”

By Jennifer Levy, Esq. | Raff & Raff, LLP

School law attorney consulting with a Hispanic mother regarding Child Find rights and CST evaluations in Passaic and Bergen County

When your child comes home emotionally exhausted, in tears over nightly assignments, or paralyzed by school anxiety, report cards showing straight B’s offer little comfort. All too often, parents asking school administrators for a formal evaluation hear the same dismissal: “Your child is passing classes and advancing grade to grade, so they do not qualify for an IEP.”

As a former K-12 school principal and education law attorney at Raff & Raff, LLP, I can tell you unequivocally that this explanation is legally incorrect from an Education Law perspective. School districts throughout New Jersey have an affirmative, non-negotiable legal obligation to identify and evaluate students suspected of having a disability—regardless of their academic report cards.

What Is the New Jersey “Child Find” Mandate?

Under the federal Individuals with Disabilities Education Act (IDEA) and New Jersey special education regulations under N.J.A.C. 6A:14, every public school district operates under what is known as the “Child Find” mandate. Child Find is not an optional program or a courtesy extended at administrative discretion. It is a strict statutory duty requiring districts to locate, identify, and evaluate all children residing within the district who may require special education or related services.

3 Vital Child Find Rules Every NJ Parent Must Know

Case Study: Dismantling the “Good Grades” Defense

Real-World Scenario: When High Intelligence Masks Executive Dysfunction

Strict New Jersey Child Study Team Timelines

New Jersey education regulations impose rigid statutory deadlines on school districts once an evaluation is formally requested:

Statutory StageMandatory Legal DeadlineNew Jersey Administrative Code
Identification MeetingMust convene within 20 calendar days of written requestN.J.A.C. 6A:14-2.3
Proposed Evaluation PlanWritten notice provided to parents at or within 15 days of meetingN.J.A.C. 6A:14-3.3
Complete Evaluations & Implement IEPMust be finalized within 90 calendar days of signed parental consentN.J.A.C. 6A:14-3.4

From the Desk of a Former Principal: How Districts Triage Requests

When I served as a K-12 school administrator, I saw firsthand how intense budget constraints and heavy CST caseloads forced teams to prioritize students in obvious, outward crisis. Case managers and administrators naturally gravitate toward children failing classes or exhibiting disruptive classroom behaviors.

If your child is bright, cooperative in class, and masking their deficits, your evaluation request must clearly document functional, executive, and emotional barriers. You cannot rely on the district to uncover what happens when the school bell rings at the end of the day.

Steps to Take If Your District Refuses to Evaluate

If your school district brushes off your concerns, you must establish an evidentiary paper trail immediately:

School board and administrative law hearings are decided by Administrative Law Judges (ALJs) at the Office of Administrative Law. We represent parents and students confronting IEP disputes or HIB investigations in school districts across Bergen and Passaic Counties, including Wayne and Paramus.

Is Your School District Denying Your Child the Support They Deserve?

Navigating special education law can feel overwhelming, especially when administrators minimize your child’s daily struggles. Let our background as former K-12 school principals and dedicated New Jersey education attorneys advocate for your family.

We step in to ensure your child receives the evaluations, accommodations, and specialized instruction required by law.

Raff & Raff, LLP has defended the rights of Northern New Jersey families and individuals since 1922. We provide seamless civil, family, education, immigration, and criminal representation across Passaic and Bergen counties, including the local communities of Clifton, Wayne, Hackensack, Paramus, and Totowa & Little Falls. Contact us today to schedule a free in-office or face-to-face Zoom consultation

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