## Facts

- Ashley Krawietz was identified by Galveston Independent School District (GISD) in elementary school as eligible for special education and received an IEP addressing learning and behavioral needs.
- After a serious incident at about age twelve, her parent withdrew her from GISD and homeschooled her.
- At age seventeen, Krawietz re-enrolled; enrollment information and parental communications indicated prior special education and an IEP, but GISD could not locate records and assumed she had been dismissed from special education without documentation.
- Krawietz struggled with worsening behavior and failing grades; GISD provided accommodations through a § 504 plan (e.g., extended deadlines and modified testing conditions) but did not initiate an IDEA evaluation or implement a behavior intervention plan.
- The following year, her academic and behavioral problems continued and culminated in psychiatric hospitalization, along with incidents of misconduct including theft.
- After the hospitalization, her parent sought an IDEA due process hearing alleging violation of the Child Find duty and denial of a free appropriate public education (FAPE).
- Only after the due process request did GISD seek consent for a full evaluation; it later found Krawietz eligible for special education.
- A hearing officer found GISD violated Child Find and, as a result, denied FAPE; the district court affirmed and awarded approximately $70,839 in attorneys’ fees and expenses.

## Issues

1. Whether GISD violated IDEA’s Child Find duty by failing to timely suspect a need for special education and conduct an evaluation within a reasonable time, resulting in denial of FAPE.
2. Whether Krawietz was a “prevailing party” entitled to attorneys’ fees under IDEA’s fee-shifting provision.

## Decision

- The Fifth Circuit affirmed the judgment for Krawietz.
- The court held GISD had sufficient information to suspect disability and potential need for special education no later than October 2014 and was required to evaluate within a reasonable time.
- The court held GISD’s delay—completing an IDEA evaluation only after the parent initiated due process—was unreasonable, violated Child Find, and denied FAPE by delaying access to special education.
- The court held provision of § 504 accommodations did not discharge GISD’s IDEA evaluation obligations.
- The court held Krawietz was a prevailing party because she obtained a merits determination of an IDEA violation that materially altered the parties’ legal relationship, supporting an award of attorneys’ fees.

## Legal Principles

- IDEA imposes an affirmative Child Find obligation to identify, locate, and evaluate children when the district has reason to suspect a disability and potential need for special education.
- Once Child Find is triggered, the district must evaluate within a reasonable time under the circumstances; waiting for a parent’s formal request or due process filing may be unreasonable when warning signs are evident.
- § 504 accommodations do not substitute for IDEA compliance when facts indicate possible IDEA eligibility and need for special education evaluation.
- A Child Find violation can constitute denial of FAPE when it causes delay in identification/evaluation and deprives the student of timely special education services.
- A party is “prevailing” under IDEA’s fee-shifting provision when it obtains judicially sanctioned merits relief that materially changes the legal relationship between the parties.

## Conclusion

The Fifth Circuit held that GISD unreasonably delayed an IDEA evaluation despite accumulating notice of Krawietz’s disability-related needs, violating Child Find and denying FAPE, and it affirmed that she was a prevailing party entitled to recover attorneys’ fees.


Krawietz v. Galveston Indep. Sch. Dist., 900 F.3d 673 (5th Cir. 2018)