Requesting a Special Education Evaluation

Step 1: Making the Referral in Writing

In Buffalo City School District (BCSD), as in all of New York State, the process of obtaining a special education evaluation for your child begins with a written referral. This is a crucial first step that sets the legal timeline in motion and ensures your request is formally documented. While conversations with teachers, counselors, or other school staff can be helpful in expressing your concerns, a written referral is the official mechanism to initiate the special education evaluation process.

Why must the referral be in writing? A written referral creates a clear record of your request, the date it was submitted, and the specific concerns you have about your child's development. This documentation is essential for tracking the progress of the evaluation process and ensuring the district adheres to the legally mandated timelines. It also provides a foundation for future communication and collaboration with the school district regarding your child's needs. Anyone can make a referral, including parents, teachers, doctors, or other individuals who have concerns about a child's development.

Your written referral should be clear, concise, and specific. Include the following information: your child's full name, date of birth, address, grade level, and school. Clearly state your concerns about your child's academic, social-emotional, or behavioral development. Provide specific examples and supporting documentation whenever possible. This might include report cards highlighting areas of concern, teacher emails documenting difficulties, medical diagnoses or reports from doctors, therapists, or psychologists, and examples of your child's work, such as tests or homework assignments. Anecdotal observations can also be valuable. For example, you might write, "Johnny struggles to focus for more than 5 minutes," or "Sarah cries every morning before school and says she can't read like the other kids." The more specific you are, the better the district can understand your concerns and tailor the evaluation process to your child's needs.

Here is 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 Buffalo City School District [Address of BCSD Central Office - confirm with district]

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

Dear Director of Special Education,

I am writing to request a special education evaluation for my child, [Child's Full Name], who is currently in [Grade Level] at [Child's School]. I have concerns about [Child's Name]'s [specific area(s) of concern, e.g., reading comprehension, math skills, social interaction, attention span].

For example, [Child's Name] [provide specific examples, e.g., "struggles to read grade-level texts," "has difficulty completing math problems independently," "has trouble making and keeping friends," "is easily distracted in class"]. I have attached [supporting documentation, e.g., report cards, teacher emails, medical reports] for your review.

I believe that a special education evaluation is necessary to determine if [Child's Name] has a disability that is affecting their ability to learn and to identify the appropriate supports and services to help them succeed.

Thank you for your time and consideration. I look forward to hearing from you soon.

Sincerely, [Your Signature] [Your Typed Name]

To ensure your referral is properly directed, address it to the Director of Special Education at the Buffalo City School District central office. It is crucial to confirm the current address of the BCSD central office. You can find this information on the Buffalo City School District website or by contacting the district directly. Keeping a copy of the referral for your records is also highly recommended.

Step 2: The District's 10-Day Response

Once the Buffalo City School District receives your written referral requesting a special education evaluation for your child, they are legally obligated to respond within 10 school days. This response must be in writing and will inform you of the district's decision to either proceed with the evaluation or refuse to conduct one. This 10-day timeframe is a critical component of the special education process, ensuring timely action and communication.

If the district decides to evaluate your child, the written notice will outline the proposed evaluations, including the types of assessments to be conducted (e.g., psychoeducational, speech-language, occupational therapy) and the professionals who will be conducting them. The notice will also include a consent form that you must sign and return to the district before the evaluations can begin. It is essential to carefully review this notice and ask any questions you may have about the proposed evaluations. Understanding the scope and purpose of each evaluation will help you make an informed decision about whether to consent.

However, if the district decides not to evaluate your child, the written notice must include a clear and detailed explanation of the reasons for their refusal. This explanation should be specific to your child's situation and not simply a generic statement. The district must provide evidence-based reasons for their decision, demonstrating that they have considered your concerns and have a valid basis for believing that an evaluation is not warranted.

In addition to the explanation, the district's written notice must also include a copy of the "Parent's Rights in Special Education" document. This document outlines your rights and procedural safeguards under the Individuals with Disabilities Education Act (IDEA) and New York State Education Law. It is crucial to carefully review this document to understand your rights and options, including your right to challenge the district's decision not to evaluate your child.

If you disagree with the district's decision not to evaluate your child, you have several options. You can request a meeting with school officials to discuss your concerns and try to reach a resolution. You can also file a formal complaint with the New York State Education Department or request mediation to resolve the dispute. Another option is to request an Independent Educational Evaluation (IEE) at public expense, which can provide additional information to support your request for an evaluation. The "Parent's Rights in Special Education" document will provide you with detailed information about these options and how to pursue them.

Step 3: The 60-School-Day Clock

In New York State, including Buffalo City School District, the special education evaluation process operates under a strict 60-school-day timeline. This timeline is mandated by law (8 NYCRR 200.4) and is designed to ensure that evaluations and IEPs (Individualized Education Programs) are completed in a timely manner. It's crucial for parents to understand how this timeline works to advocate effectively for their children.

The 60-school-day clock begins ticking not when you submit the initial referral letter, but when the district receives your signed consent to proceed with the evaluations. This distinction is important, so be sure to return the signed consent form promptly once you receive it. The 60-day timeframe encompasses all aspects of the evaluation process, including the individual evaluations, the Committee on Special Education (CSE) meeting, and the development of the IEP. This means that from the moment the district receives your signed consent, they have 60 school days to complete all evaluations, hold the CSE meeting to discuss the results, and develop an IEP if your child is found eligible for special education services.

It's important to note that the 60-day timeline refers to school days , not calendar days. This means that weekends, holidays, and school breaks are not counted. This can extend the actual time it takes to complete the process. Certain events can also pause the 60-day clock. For example, if you and the district agree to an extension to gather additional information or conduct further evaluations, the clock will be paused until that activity is completed. Similarly, if you are consistently unavailable to schedule the CSE meeting despite the district's reasonable efforts, the clock may be paused. However, the district cannot unilaterally pause the clock without your agreement or a legitimate reason.

If the Buffalo City School District fails to meet the 60-day deadline, you have grounds for filing a State Complaint with the New York State Education Department. A State Complaint is a formal written complaint alleging that the district has violated a requirement of IDEA or state special education law. If the State Education Department finds that the district has violated the law, they will order the district to take corrective action. Missing the 60-day timeline is a serious violation, and filing a State Complaint can be an effective way to hold the district accountable and ensure your child receives the timely evaluation and services they need. To file a State Complaint, you will need to submit a written complaint to the New York State Education Department, outlining the specific violations and providing supporting documentation. The NYSED website has information and forms for filing a complaint.

What Evaluations Are Conducted

When a special education evaluation is conducted in Buffalo City School District, a variety of assessments may be used to gather information about your child's strengths and needs. These evaluations are designed to provide a comprehensive picture of your child's academic, cognitive, social-emotional, and physical development. Each evaluation requires separate parental consent, so you will have the opportunity to review and approve each assessment before it is conducted.

A psychoeducational evaluation is a comprehensive assessment of your child's cognitive abilities, academic skills, and learning style. This evaluation typically includes standardized tests of intelligence, achievement, and cognitive processing. The results of the psychoeducational evaluation can help identify your child's strengths and weaknesses, determine if they have a learning disability, and inform the development of appropriate educational interventions.

A speech and language evaluation assesses your child's communication skills, including their ability to understand and use spoken language, articulate sounds, and communicate effectively. This evaluation may include tests of receptive and expressive language, articulation, fluency, and voice. If your child is bilingual, the evaluation must be conducted in their native language to accurately assess their communication skills. This is a non-negotiable requirement under IDEA.

An occupational therapy (OT) evaluation assesses your child's fine motor skills, sensory processing abilities, and adaptive skills. This evaluation may include observations of your child's performance in various activities, as well as standardized tests of motor coordination, visual-motor integration, and sensory processing. The results of the OT evaluation can help determine if your child needs support to improve their fine motor skills, sensory regulation, or ability to perform daily living tasks.

A physical therapy (PT) evaluation assesses your child's gross motor skills, balance, coordination, and mobility. This evaluation may include observations of your child's movement patterns, as well as standardized tests of gross motor skills and functional mobility. The results of the PT evaluation can help determine if your child needs support to improve their gross motor skills, balance, or ability to participate in physical activities.

A social history is an interview with you, the parent, to gather information about your child's developmental history, family background, social-emotional development, and any relevant medical or psychological history. This information helps the evaluation team understand your child's overall development and identify any factors that may be affecting their learning or behavior.

A classroom observation involves observing your child in their classroom setting to assess their academic performance, behavior, and social interactions. This observation can provide valuable insights into how your child functions in a typical school environment and identify any challenges they may be experiencing.

A Functional Behavioral Assessment (FBA) is conducted when a child exhibits persistent behavioral problems that interfere with their learning or the learning of others. The FBA involves gathering information about the child's behavior, identifying the triggers and maintaining factors, and developing a behavior intervention plan to address the problematic behavior.

Your Right to an IEE

Under the Individuals with Disabilities Education Act (IDEA), you have the right to obtain an Independent Educational Evaluation (IEE) if you disagree with the results of an evaluation conducted by the Buffalo City School District. An IEE is an evaluation conducted by a qualified professional who is not employed by the school district. This right is a crucial safeguard that ensures parents have a voice in the evaluation process and that decisions about their child's education are based on accurate and reliable information.

If you disagree with any aspect of the district's evaluation, whether it's the methodology used, the conclusions reached, or the recommendations made, you have the right to request an IEE at public expense. To request an IEE, you must do so in writing to the district's special education director. Your letter should clearly state that you are requesting an IEE because you disagree with the district's evaluation and specify which evaluation you are disputing (e.g., the psychoeducational evaluation, the speech-language evaluation).

Upon receiving your request for an IEE, the Buffalo City School District has two options: they must either pay for the IEE or initiate a due process hearing to defend the validity of their own evaluation. The district cannot simply ignore your request or refuse to pay for the IEE without taking one of these two actions. If the district chooses to initiate a due process hearing, they must prove that their evaluation was appropriate and that an IEE is not necessary.

If the district agrees to pay for the IEE, they must provide you with a list of qualified independent evaluators who are available to conduct the evaluation. You have the right to choose an evaluator from this list, or you can request to use an evaluator who is not on the list, although the district may need to approve your choice. The IEE must be conducted according to the same standards and criteria as the district's evaluation.

Once the IEE is completed, the results must be considered by the Committee on Special Education (CSE) when making decisions about your child's education. This means that the CSE must review the IEE report, discuss the findings, and consider the recommendations made by the independent evaluator. However, it's important to understand that the CSE is not necessarily required to follow the recommendations of the IEE. The CSE must consider the IEE, but they can ultimately make their own decisions about your child's IEP based on all of the available information.

Private Evaluations: When and Why

Parents in Buffalo City School District, like parents everywhere, have the option to obtain private evaluations for their children at any time, regardless of whether the district has conducted its own evaluation. Private evaluations can be a valuable tool for gaining a deeper understanding of your child's strengths and needs, and for advocating for appropriate services and supports.

There are several reasons why you might choose to obtain a private evaluation. You may want a second opinion if you disagree with the district's evaluation or if you feel that the district's evaluation was not comprehensive enough. You may also want to obtain a private evaluation to gather additional information about your child's specific needs, such as a more in-depth assessment of their learning style or social-emotional functioning. Additionally, a private evaluation can be helpful in preparing for CSE meetings and advocating for specific goals and services in your child's IEP.

Private evaluations can be particularly useful in cases where parents are seeking tuition reimbursement from the district for private school placement. The Carter case doctrine, established by the Supreme Court, allows parents to be reimbursed for private school tuition if they can demonstrate that the district failed to provide a Free Appropriate Public Education (FAPE) and that the private school placement is appropriate to meet the child's needs. In these cases, a private evaluation can provide strong evidence to support the parent's claim that the district's proposed IEP was inadequate and that the private school placement is necessary.

When presenting a private evaluation to the CSE, it's important to ensure that the evaluation is credible and relevant. The evaluator should be a qualified professional with expertise in the area being assessed. The evaluation should be comprehensive and based on sound assessment practices. The report should clearly state the evaluator's findings, conclusions, and recommendations. The more thorough and well-documented the private evaluation, the more weight it is likely to carry with the CSE. While the CSE is required to consider any private evaluations you submit, they are not obligated to implement the recommendations. The CSE will consider the private evaluation along with all other relevant information, including the district's evaluations, classroom observations, and your input as a parent, to make decisions about your child's IEP.