Step 1: Making the Referral in Writing

If you suspect your child has a disability that is affecting their ability to learn, you have the right to request a special education evaluation. This is the first formal step in determining if your child is eligible for special education services and an Individualized Education Program (IEP) within Brentwood Union Free School District (UFSD). It's crucial that this request is made in writing to create a clear record of your communication with the district and to formally initiate the evaluation timeline.

Why a written referral? A written request ensures there's a documented record of your request, the date it was submitted, and the concerns you raised. This documentation can be vital if there are any disagreements or delays in the evaluation process. While verbal conversations with school staff can be helpful, they do not formally trigger the district's legal obligation to respond.

Who can make a referral? As a parent or legal guardian, you have the primary right to refer your child for a special education evaluation. Teachers, doctors, or other professionals who work with your child can also suggest an evaluation, but the district requires your consent to proceed. In some cases, older students (18+) can refer themselves.

What should you include in your referral letter? Your written referral should be clear, concise, and provide specific information about your child's challenges. Here's a list of essential elements to include:

• Your child's full legal name and date of birth: This ensures accurate identification and record-keeping. * Your child's current grade level and school: This helps the district understand your child's educational context. * Your contact information: Include your phone number, email address, and mailing address so the district can easily reach you. * A clear statement requesting a special education evaluation: Be direct and state that you are formally requesting a special education evaluation to determine if your child is eligible for special education services. * Specific concerns about your child's academic, behavioral, or developmental progress: Provide detailed examples of the challenges your child is facing. This could include difficulties with reading, writing, math, attention, social skills, or any other area of concern. The more specific you are, the better the district can understand your concerns. * Any supporting documentation: Include any relevant documents that support your concerns, such as report cards, teacher communications, medical records, or previous evaluations. * Your signature and the date: This validates your request.

Here's some sample language you can adapt for your referral letter:

[Your Name] [Your Address] [Your Phone Number] [Your Email Address]

[Date]

Director of Special Education Brentwood Union Free School District [Address - confirm on district website]

Subject: Request for Special Education Evaluation for [Child's Full Name]

Dear Director of Special Education,

I am writing to formally request a special education evaluation for my child, [Child's Full Name], who is currently in [Grade Level] at [School Name]. [Child's Name]'s date of birth is [Date of Birth].

I am concerned about [Child's Name]'s progress in [Specific Subject or Area of Concern]. For example, [Provide specific examples of the challenges your child is facing. Be as detailed as possible]. I have attached [report cards, teacher emails, medical records, etc.] to further illustrate my concerns.

I believe that [Child's Name]'s difficulties may be due to a disability that requires special education services. I request that the district conduct a comprehensive evaluation to determine [Child's Name]'s eligibility for special education and related services.

Thank you for your time and attention to this matter. I look forward to hearing from you soon regarding the next steps in the evaluation process.

Sincerely, [Your Signature] [Your Typed Name] Where to send the referral in Brentwood UFSD: While it's always best to confirm the most up-to-date information, you should send your written referral to the Director of Special Education at Brentwood Union Free School District. To ensure you have the correct contact information, visit the Brentwood UFSD website or call the district's main number. You can also contact the Committee on Special Education (CSE) office directly for guidance on where to submit your referral. It is recommended to send the letter via certified mail with return receipt requested to have proof that the district received it.

Step 2: The District's 10-Day Response

Once Brentwood UFSD receives your written referral requesting a special education evaluation for your child, the district has a legal obligation to respond within a specific timeframe. New York State law requires the district to provide you with written notice within 10 school days of receiving your referral. This notice must inform you of the district's decision to either proceed with the evaluation or refuse to evaluate your child.

If the district decides to evaluate: This is the outcome you're hoping for. The district will send you a consent form to sign, giving them permission to conduct the necessary evaluations. This consent form is crucial, as the 60-school-day timeline for completing the evaluation process begins once the district receives your signed consent. The notice should also outline the types of evaluations the district proposes to conduct (psychoeducational, speech-language, etc.). Review this carefully to ensure it aligns with your concerns.

If the district refuses to evaluate: It can be disheartening if the district denies your request for an evaluation. However, the district cannot simply dismiss your concerns. If Brentwood UFSD refuses to evaluate your child, they are legally required to provide you with a written explanation of their reasons for refusal. This written explanation must be detailed and specific, outlining the basis for their decision. The district must also provide you with a copy of your parental rights under the Individuals with Disabilities Education Act (IDEA). This document outlines your rights to challenge the district's decision, including the right to request mediation or file a due process complaint.

Understanding your rights: It's crucial to understand your rights if the district refuses to evaluate your child. You have the right to challenge this decision and advocate for your child's needs. Some common reasons a district might refuse an evaluation include:

* The district believes your child is performing adequately in school. * The district believes your child's difficulties are due to factors other than a disability (e.g., lack of instruction, attendance issues). * The district believes they don't have enough information to determine if an evaluation is necessary.

Even if the district provides a reason for refusal, you still have the right to disagree and pursue an evaluation. You can provide additional information to support your request, such as private evaluations, medical records, or teacher observations. You can also request a meeting with school officials to discuss your concerns and advocate for your child's needs. If you are still unsatisfied, you have the right to pursue mediation or file a due process complaint to challenge the district's decision.

Step 3: The 60-School-Day Clock

The 60-school-day timeline is a critical component of the special education evaluation process in New York State. This timeline, mandated by 8 NYCRR 200.4, sets a limit on the amount of time a school district can take to complete the entire evaluation process, from the moment you provide signed consent for the evaluation to the completion of your child's Individualized Education Program (IEP), if they are found eligible for special education services. It is important to note that this is 60 school days, not calendar days. Weekends, holidays, and school breaks are not counted.

When does the clock start? The 60-school-day clock begins ticking the moment Brentwood UFSD receives your signed consent for the evaluation. It's crucial to understand that the clock does not start when you submit your initial written referral. The district must first review your referral and decide whether to proceed with an evaluation. Only after they decide to evaluate and you provide signed consent does the timeline begin.

What does the 60-day timeline cover? This timeline encompasses all aspects of the evaluation process, including:

• Conducting all necessary evaluations: This includes psychoeducational evaluations, speech-language evaluations, occupational therapy evaluations, physical therapy evaluations, social history assessments, classroom observations, and any other evaluations deemed necessary to assess your child's needs. * Convening the Committee on Special Education (CSE) meeting: The CSE meeting is where the evaluation results are reviewed, eligibility for special education services is determined, and the IEP is developed (if the child is found eligible). * Developing the Individualized Education Program (IEP): If your child is found eligible for special education services, the CSE must develop an IEP that outlines your child's specific needs, goals, and the services and supports they will receive.

What can pause the clock? There are limited circumstances under which the 60-school-day clock can be paused. These include:

• Parental delays: If you are consistently unavailable to schedule or attend evaluations or CSE meetings, the district can pause the clock. However, they must document their attempts to contact you and demonstrate that your lack of availability is the reason for the delay. * Student absences: If your child is absent from school for an extended period, the district may pause the clock until they return. * Transfer students: If your child transfers into Brentwood UFSD from another district during the evaluation process, the 60-day timeline may be affected. Contact the district to confirm how this impacts the timeline.

What to do if the deadline is missed: If Brentwood UFSD fails to complete the evaluation process within the 60-school-day timeline, you have grounds for a State Complaint. This is a formal complaint filed with the New York State Education Department (NYSED) alleging that the district has violated state or federal special education laws. A successful State Complaint can result in corrective action orders, requiring the district to take specific steps to remedy the violation. Document everything, including dates of referrals, consents, and all communication with the district.

What Evaluations Are Conducted

When a child is referred for a special education evaluation, Brentwood UFSD will determine which specific evaluations are necessary to assess the child's needs. These evaluations are designed to provide a comprehensive understanding of the child's strengths and weaknesses, and to identify any areas where they may require special education services and supports. Each evaluation requires separate parental consent. Here are some of the most common types of evaluations conducted:

• Psychoeducational Evaluation: This is a comprehensive assessment of a child's cognitive, academic, and behavioral functioning. It typically includes standardized tests of intelligence, achievement, and adaptive behavior. The psychoeducational evaluation can help identify learning disabilities, intellectual disabilities, and other cognitive impairments. * Speech-Language Evaluation: This evaluation assesses a child's communication skills, including articulation, fluency, language comprehension, and expressive language. It can identify speech and language disorders that may be affecting a child's ability to communicate effectively in the classroom. * Occupational Therapy (OT) Evaluation: This evaluation assesses a child's fine motor skills, sensory processing skills, and visual-motor integration skills. It can identify difficulties with handwriting, dressing, using utensils, and other daily living skills that may be impacting a child's ability to participate in school activities. * Physical Therapy (PT) Evaluation: This evaluation assesses a child's gross motor skills, balance, coordination, and mobility. It can identify physical impairments that may be affecting a child's ability to move around the classroom, participate in physical education, and access the school environment. * Social History: A social history is an interview and review of background information conducted by a social worker or school psychologist. It gathers information about the child's family history, developmental history, social-emotional development, and any relevant medical or psychological history. This information can provide valuable context for understanding the child's overall functioning and needs. * Classroom Observation: A qualified professional, such as a special education teacher or school psychologist, may conduct a classroom observation to observe the child's behavior, academic performance, and social interactions in the classroom setting. This observation can provide valuable insights into how the child functions in a typical school environment. * Functional Behavioral Assessment (FBA): If a child is exhibiting challenging behaviors that are interfering with their learning or the learning of others, the district may conduct a Functional Behavioral Assessment (FBA). An FBA is a systematic process of gathering information about the function of the behavior, identifying the triggers and consequences that are maintaining the behavior. This information is then used to develop a Behavior Intervention Plan (BIP) to address the behavior. * Bilingual Evaluations: If your child's primary language is not English, Brentwood UFSD is required to conduct evaluations in your child's native language. This is a critical requirement under IDEA to ensure that the evaluations are valid and reliable. You have the right to request a bilingual evaluator who is proficient in your child's language.

Your Right to an IEE

You have the right to obtain an Independent Educational Evaluation (IEE) of your child if you disagree with the results of any evaluation conducted by Brentwood UFSD. This right is guaranteed under the Individuals with Disabilities Education Act (IDEA) Section 300.502. An IEE is an evaluation conducted by a qualified professional who is not employed by the school district.

Requesting an IEE: If you disagree with a district evaluation, you must request an IEE in writing. Your request should clearly state which evaluation you disagree with and your reasons for disagreeing. It's helpful to be specific about your concerns, such as the evaluator's qualifications, the evaluation methods used, or the conclusions reached.

District's Responsibility: Upon receiving your written request for an IEE, Brentwood UFSD has two options:

1. Pay for the IEE: The district can agree to pay for the IEE, ensuring that it is conducted by a qualified professional who meets the district's criteria for IEE providers (if any). 2. File for Due Process: The district can initiate a due process hearing to defend the validity of their evaluation. In this hearing, the district must demonstrate that their evaluation was appropriate and that an IEE is not necessary.

The district cannot simply ignore your request for an IEE. They must either pay for it or file for due process to defend their evaluation. There is no in-between.

IEE Provider Qualifications: While you have the right to choose an IEE provider, the provider must meet certain qualifications. Brentwood UFSD may have specific criteria for IEE providers, such as licensure, certification, and experience. Contact the district to confirm their specific requirements.

IEE Must Be Considered: Regardless of who pays for the IEE, the results of the IEE must be considered by the Committee on Special Education (CSE) when making decisions about your child's special education needs. This means the CSE must review the IEE report, discuss its findings, and consider its recommendations.

IEE Does Not Have to Be Followed: While the CSE must consider the IEE, they are not obligated to follow its recommendations. The CSE can disagree with the IEE's findings and make decisions that are different from what the IEE provider recommended. However, the district must provide a rationale for why they are not following the IEE's recommendations. This rationale should be based on sound educational principles and supported by evidence.

Private Evaluations: When and Why

As a parent, you have the right to obtain private evaluations of your child at any time, regardless of whether Brentwood UFSD has conducted its own evaluations. Private evaluations can provide valuable information about your child's strengths and weaknesses, and can be particularly helpful if you have concerns about the district's evaluations or the services your child is receiving.

When to Consider a Private Evaluation: There are several situations where you might consider obtaining a private evaluation:

• You disagree with the district's evaluation results: If you believe the district's evaluations are inaccurate or incomplete, a private evaluation can provide a second opinion. * You want a more in-depth assessment: Private evaluators may be able to provide more comprehensive and individualized assessments than the district. * You suspect your child has a disability the district has not identified: A private evaluation can help identify previously undiagnosed disabilities. * You want to gather additional information to support your child's IEP: Private evaluations can provide valuable data to inform the development of your child's IEP goals and services. * You are preparing for a due process hearing: Private evaluations can serve as evidence to support your case in a due process hearing.

Using Private Evaluations at CSE Meetings: You have the right to present private evaluations at CSE meetings. The CSE must consider the information provided in the private evaluation when making decisions about your child's special education needs. However, like IEEs, the CSE is not obligated to follow the recommendations of the private evaluator. The CSE must provide a rationale if they disagree with the private evaluation's findings.

Carter Case Doctrine and Tuition Reimbursement: In some cases, parents who unilaterally place their child in a private school may be able to seek tuition reimbursement from the school district. This is based on the Supreme Court's decision in Florence County School District Four v. Carter . To be eligible for tuition reimbursement, you must demonstrate that:

1. The district's proposed IEP was inappropriate. 2. The private school placement is appropriate.

Private evaluations can be crucial in demonstrating both of these points. They can provide evidence that the district's IEP did not adequately address your child's needs and that the private school placement is providing your child with the necessary services and supports.

What Makes a Private Evaluation Credible to a CSE: To ensure that your private evaluation is taken seriously by the CSE, it's important to choose a qualified and experienced evaluator. Look for evaluators who are licensed or certified in their respective fields and who have experience working with children with disabilities. The evaluation report should be comprehensive, well-written, and based on sound assessment practices. It should also provide specific recommendations for your child's IEP goals and services. A credible private evaluation will strengthen your advocacy efforts and increase the likelihood that the CSE will consider your concerns.