Requesting a Special Education Evaluation

Step 1: Making the Referral in Writing

If you suspect your child needs special education services in Hempstead Union Free School District (UFSD), the first crucial step is to submit a formal, written referral. This letter serves as the official starting point for the evaluation process, triggering specific timelines and obligations for the district under the Individuals with Disabilities Education Act (IDEA) and New York State Education Law. A verbal request is not sufficient; the request must be in writing to initiate the legal process.

Anyone who has concerns about a child's educational performance can make a referral. This includes parents, teachers, doctors, therapists, or even other concerned individuals. However, as a parent, your referral carries significant weight and ensures that your concerns are formally documented and addressed. The written referral should be addressed to the district's special education director or the Committee on Special Education (CSE). While specific contact information can change, you can typically find the most up-to-date details on the Hempstead UFSD website or by calling the district's main number. Contact the district to confirm the current correct address.

Your referral letter should clearly and concisely outline your concerns about your child's academic, social, emotional, or physical development. Provide specific examples of the difficulties your child is experiencing. Instead of saying "My child is struggling in reading," provide details like "My child has difficulty sounding out words, often guesses at words instead of decoding them, and is significantly behind their classmates in reading fluency." Include information about any interventions or support your child has already received, and explain why you believe these interventions have not been sufficient. Be sure to include your child's full name, date of birth, address, grade, and the name of the school they attend.

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 or CSE Hempstead Union Free School District [Address - confirm with district]

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

Dear Director or CSE Team,

I am writing to request a special education evaluation for my child, [Child's Full Name], who is [Age] years old and in [Grade] at [School Name]. I am concerned about [Child's Name]'s progress in [Specific Subject or Area of Concern].

Specifically, [Child's Name] is experiencing difficulties with [Describe specific challenges with concrete examples. E.g., "reading comprehension. They struggle to answer questions about stories they have read, even after multiple readings." or "math problem-solving. They have difficulty understanding word problems and often misapplies mathematical concepts."].

[Optional: Briefly mention any interventions already tried and their outcomes. E.g., "We have tried extra help after school, but this has not significantly improved [Child's Name]'s performance."].

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

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

Sincerely, [Your Signature] [Your Typed Name]

Remember to keep a copy of the referral letter for your records. You may want to send the letter via certified mail with return receipt requested to ensure proof of delivery.

Step 2: The District's 10-Day Response

Upon receiving your written referral for a special education evaluation, Hempstead UFSD has a legal obligation to respond within 10 school days. This response must be in writing and must inform you of the district's decision to either proceed with the evaluation or refuse to evaluate your child. This 10-day timeframe is crucial, and it's important to track it carefully.

If the district decides to evaluate your child, the written notice should outline the proposed evaluations, including the types of assessments that will be conducted (e.g., psychoeducational evaluation, speech and language evaluation, etc.). The notice must also include a consent form for you to sign, granting the district permission to proceed with the evaluations. It is critical that you understand the scope of the proposed evaluations before signing the consent form. If you have any questions or concerns, don't hesitate to contact the CSE or the special education director for clarification.

If, on the other hand, Hempstead UFSD decides not to evaluate your child, the district must provide you with a written explanation of the reasons for their refusal. This explanation must be specific and detailed, outlining the factors that led to their decision. The district cannot simply deny your request without providing a clear and justifiable rationale. Furthermore, the district must provide you with a copy of your parental rights under IDEA and New York State Education Law. This notice of your rights is essential, as it informs you of your options for challenging the district's decision.

If you disagree with the district's decision not to evaluate your child, you have several options. You can request a meeting with the CSE to discuss your concerns and present additional information that supports your request for an evaluation. You can also pursue mediation or file a formal complaint with the New York State Education Department. The notice of your rights will provide you with information on how to pursue these options. Remember, you have the right to advocate for your child's needs, and the district's refusal to evaluate does not necessarily mean that your child does not require special education services.

Step 3: The 60-School-Day Clock

Once you provide signed consent for the special education evaluation, the 60-school-day clock begins ticking. This is a critical timeline established by New York State law (8 NYCRR 200.4) that Hempstead UFSD must adhere to. The 60-school-day timeframe encompasses all aspects of the evaluation process, from the initial assessments to the completion of the Individualized Education Program (IEP). It is crucial to understand that these are school days , not calendar days, meaning weekends, holidays, and school breaks are not counted.

The 60-day clock covers a multitude of steps: the actual evaluations conducted by qualified professionals, the analysis of the evaluation results, the development of the evaluation report, the scheduling and holding of the CSE meeting, and the creation of the IEP document itself. The IEP must be finalized and ready for implementation within this 60-day window.

Certain circumstances can pause the 60-day clock. For example, if you, as the parent, repeatedly fail to attend scheduled CSE meetings or are unavailable to provide necessary information, the timeline may be paused. However, the district must demonstrate that they made reasonable efforts to contact you and schedule meetings. The clock also pauses if the child moves to another school district during the evaluation process.

If Hempstead UFSD fails to complete the evaluation process and develop an IEP within the 60-school-day timeframe, you have grounds to file a State Complaint with the New York State Education Department. A State Complaint is a formal grievance alleging that the district has violated IDEA or state special education regulations. Filing a State Complaint can be a powerful tool to hold the district accountable and ensure that your child receives a timely evaluation and appropriate services. You can find information on how to file a State Complaint on the New York State Education Department website. Document everything, including dates of consent, meetings, and communications with the district, to support your complaint.

What Evaluations Are Conducted

When a child is referred for a special education evaluation in Hempstead UFSD, a variety of assessments may be conducted to determine the nature and extent of their needs. These evaluations are designed to provide a comprehensive picture of the child's strengths and weaknesses across different areas of development. It's important to remember that each evaluation requires separate parental consent. The district cannot proceed with any evaluation without your informed, written permission.

A psychoeducational evaluation is a cornerstone of the special education evaluation process. This evaluation typically includes assessments of intellectual functioning (IQ), academic achievement (reading, writing, math), and cognitive processing skills (memory, attention, processing speed). The psychoeducational evaluation helps to determine if a child has a learning disability or other cognitive impairment that is impacting their academic performance.

A speech and language evaluation assesses a child's communication skills, including articulation, fluency, voice, receptive language (understanding language), and expressive language (using language). This evaluation is crucial for identifying children with speech impairments, language disorders, or other communication difficulties that may affect their ability to learn and interact with others.

Occupational therapy (OT) and physical therapy (PT) evaluations assess a child's fine motor skills, gross motor skills, sensory processing, and adaptive skills. An OT evaluation focuses on skills needed for daily living, such as writing, dressing, and eating, while a PT evaluation focuses on movement, balance, and coordination. These evaluations are important for identifying children with physical disabilities or sensory processing issues that may impact their ability to participate in school activities.

A social history evaluation gathers information about a child's family background, developmental history, social-emotional functioning, and medical history. This evaluation is typically conducted through interviews with the parents or caregivers and may also involve reviewing relevant records. The social history evaluation provides valuable context for understanding the child's overall development and identifying any factors that may be contributing to their difficulties.

A classroom observation involves observing the child in their classroom setting to assess their behavior, interactions with peers and teachers, and academic performance in a natural environment. This observation provides valuable insights into how the child functions in the classroom and identifies any challenges they may be facing in that setting.

A Functional Behavioral Assessment (FBA) is conducted when a child is exhibiting significant behavioral problems that are interfering 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

As a parent, you have the right to obtain an Independent Educational Evaluation (IEE) if you disagree with any evaluation conducted by Hempstead 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. This provides an outside, objective perspective on your child's needs.

If you disagree with the district's evaluation, you must request an IEE in writing . The district then has two options: they must either pay for the IEE or initiate a due process hearing to defend the appropriateness of their own evaluation. Hempstead UFSD cannot simply ignore your request for an IEE.

If the district chooses to pay for the IEE, they may have certain criteria for the evaluator, such as qualifications and fees. However, these criteria must be applied consistently and cannot be used to unreasonably restrict your choice of evaluator. If the district initiates a due process hearing and prevails, they are not required to pay for the IEE.

Regardless of who pays for the IEE, the results of the evaluation must be considered by the CSE in making decisions about your child's IEP. While the CSE is not obligated to implement all of the recommendations made in the IEE, they must give it due consideration. The IEE can provide valuable information and insights that can help the CSE develop a more appropriate and effective IEP for your child.

Private Evaluations: When and Why

Parents in Hempstead UFSD have the option of obtaining private evaluations for their children at any time, regardless of whether the district has conducted its own evaluations. Private evaluations can be a valuable tool for understanding your child's needs and advocating for appropriate services.

You might choose to pursue a private evaluation if you want a more in-depth assessment than the district is providing, if you want a second opinion on the district's findings, or if you simply want to gather more information to inform your own understanding of your child's strengths and weaknesses.

When you bring a private evaluation to a CSE meeting, the CSE is required to consider the information and recommendations contained in the report. However, the CSE is not automatically obligated to implement the recommendations. The CSE will consider the qualifications of the evaluator, the thoroughness of the evaluation, and the consistency of the findings with other data.

The "Carter" case doctrine, stemming from the Supreme Court case Florence County School District Four v. Carter , allows parents to seek tuition reimbursement from the school district if they unilaterally place their child in a private school that provides special education services, provided that the district failed to offer a Free Appropriate Public Education (FAPE) and the private placement is appropriate. To be eligible for tuition reimbursement, you must demonstrate that the district's proposed IEP was inadequate and that the private school placement is reasonably calculated to enable the child to receive educational benefit.

To ensure that a private evaluation is credible and persuasive to the CSE, it is important to choose a qualified and experienced evaluator who is familiar with special education law and best practices. The evaluation should be thorough, comprehensive, and based on sound assessment principles. The report should clearly articulate the child's strengths and weaknesses, identify specific needs, and provide concrete recommendations for interventions and supports. Having a well-written, comprehensive private evaluation can significantly strengthen your advocacy efforts and help you ensure that your child receives the special education services they need to succeed.