Step 1: Making the Referral in Writing

The first step in getting your child evaluated for special education services in NYC District 2 is making a formal, written referral to the Committee on Special Education (CSE). This is a crucial step because it officially initiates the evaluation process and sets the legal timeline in motion. While a phone call or informal conversation with a teacher or administrator might be helpful, it does not start the clock. The referral must be in writing to trigger the district's legal obligations.

Anyone who has knowledge of the child can make a referral. This includes you as the parent, a teacher, a doctor, or even a social worker. However, as the parent, you are in the best position to articulate your concerns and provide the necessary background information. Putting your concerns in writing ensures that they are clearly documented and considered by the CSE.

Your written referral should be as specific and detailed as possible. Avoid general statements like "My child is struggling in school." Instead, provide concrete examples of the challenges your child is facing. Include specific observations about their academic performance, social-emotional development, or physical abilities. For example, instead of saying "My child has trouble reading," you could write, "My child struggles to decode words, often misreading common sight words and having difficulty sounding out unfamiliar words. This results in slow reading fluency and difficulty comprehending grade-level texts, as evidenced by their performance on classroom reading assessments and homework assignments." Be sure to include any supporting documentation you have, such as report cards, previous evaluations (private or from early intervention), doctor's notes, or samples of your child's work. The more information you provide, the better equipped the CSE will be to understand your concerns.

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

"Dear CSE Chairperson,

I am writing to request a special education evaluation for my child, [Child's Full Name], who is currently in [Grade] at [School Name]. I have several concerns about [his/her/their] academic progress and overall development.

Specifically, I am concerned about [his/her/their] [area of concern, e.g., reading comprehension, math skills, social interaction]. For example, [provide specific examples and supporting evidence]. [He/She/They] also [mention any other relevant concerns or observations].

I have attached copies of [report cards, previous evaluations, doctor's notes, work samples] for your review. I look forward to discussing my concerns with you further and working together to determine the best course of action for my child.

Sincerely,

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

To ensure your referral is properly received and documented, send it via certified mail with a return receipt requested. Keep a copy of the letter and the return receipt for your records. This provides proof that the school received your request and helps you track the progress of the evaluation process.

In NYC District 2, you should send your written referral to the CSE Chairperson at your child's school. If you are unsure who the CSE Chairperson is, contact the school's main office or guidance counselor for assistance. You can also try searching the NYC Department of Education website for contact information for your child's school. Contact the district to confirm the most up-to-date procedure for submitting a referral.

Step 2: The District's 10-Day Response

Once the CSE receives your written referral, the district 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 an evaluation or refuse to evaluate your child. This 10-day period is crucial, so be sure to document the date you sent the referral and follow up if you haven't received a response within the allotted time.

If the district decides to evaluate your child, the written notice will typically include a consent form for you to sign. This consent form outlines the types of evaluations the district proposes to conduct and explains your rights as a parent. Read the consent form carefully before signing it, and don't hesitate to ask questions if anything is unclear. Remember, signing the consent form starts the 60-school-day clock for completing the evaluation process.

If the district refuses to evaluate your child, the written notice must include a clear explanation of the reasons for the refusal. The district cannot simply deny your request without providing a valid justification. The reasons must be specific to your child's situation and based on documented evidence. For example, the district might argue that your child is performing at grade level and does not demonstrate any signs of a disability that would warrant special education services.

In addition to providing the reasons for the refusal, the district must also provide you with a copy of your parental rights under the Individuals with Disabilities Education Act (IDEA). This notice outlines your right to challenge the district's decision through various dispute resolution methods, such as mediation or a due process hearing. It is crucial to understand your rights and options if you disagree with the district's decision not to evaluate your child.

If you disagree with the district's decision, you have the right to request mediation or file a due process complaint. Mediation is a voluntary process where you and the district work with a neutral third party to try to reach an agreement. A due process hearing is a more formal process where an impartial hearing officer hears evidence and makes a decision about the dispute. You can find more information about these options on the New York State Education Department website.

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. It is mandated by law (8 NYCRR 200.4) and dictates the maximum amount of time the district has to complete the entire evaluation process, from the moment you provide signed consent to the completion of your child's Individualized Education Program (IEP). It's important to remember that this timeline is measured in school days , not calendar days. Weekends, holidays, and school breaks are not counted.

The 60-school-day clock starts when the district receives your signed consent to conduct the evaluations. It's essential to understand that the clock does not start when you submit the initial written referral. The district must first review your referral, decide to proceed with an evaluation, and then send you a consent form. Only after you sign and return the consent form does the 60-day clock begin ticking.

The 60-school-day timeline encompasses all aspects of the evaluation process, including:

* Conducting all necessary evaluations (psychoeducational, speech/language, occupational therapy, etc.) * Gathering and reviewing all relevant information, such as report cards, medical records, and teacher observations * Holding the CSE meeting to discuss the evaluation results and determine your child's eligibility for special education services * Developing the IEP, if your child is found eligible

Certain circumstances can pause the 60-school-day clock. For example, if you are consistently unavailable to schedule or attend evaluations or CSE meetings, the district can pause the clock until you become available. Similarly, if your child is absent from school for an extended period, the clock may be paused. The district must notify you in writing if they are pausing the clock and explain the reason for the pause.

If the district fails to meet the 60-school-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, it can order the district to take corrective action. Missing the 60-day timeline is a common reason for successful State Complaints.

To ensure the district adheres to the 60-day timeline, keep detailed records of all communication with the school and district, including dates of phone calls, emails, and meetings. If you notice that the deadline is approaching and the evaluation process is not progressing as expected, contact the CSE Chairperson and express your concerns in writing. Document everything.

What Evaluations Are Conducted

The specific evaluations conducted as part of a special education evaluation are determined by your child's individual needs and the concerns raised in the referral. A comprehensive evaluation typically includes a variety of assessments designed to evaluate different areas of development and functioning. Each evaluation requires separate parental consent. The district cannot proceed with an evaluation without your explicit permission.

Here are some of the most common types of evaluations conducted:

• Psychoeducational Evaluation: This evaluation assesses your child's cognitive abilities, academic skills, and learning style. It typically includes standardized tests of intelligence (IQ), achievement (reading, writing, math), and information processing. The psychoeducational evaluation helps to identify any learning disabilities or cognitive impairments that may be affecting your child's academic performance. * Speech and Language Evaluation: This evaluation assesses your child's communication skills, including their ability to understand and use language, articulate sounds, and speak fluently. It may also assess their social communication skills, such as their ability to engage in conversations and understand nonverbal cues. * Occupational Therapy (OT) Evaluation: This evaluation assesses your child's fine motor skills, sensory processing abilities, and adaptive skills. It may include assessments of their handwriting, coordination, and ability to perform everyday tasks such as dressing and eating. * Physical Therapy (PT) Evaluation: This evaluation assesses your child's gross motor skills, balance, and coordination. It may include assessments of their walking, running, jumping, and ability to navigate their environment. * Social History: A social worker will conduct a social history interview with you to gather information about your child's developmental history, family background, and social-emotional functioning. This information helps the CSE understand your child's overall context and identify any factors that may be contributing to their difficulties. * Classroom Observation: A qualified professional will observe your child in the classroom to assess their behavior, academic performance, and interactions with peers and teachers. This observation provides valuable insights into how your child functions in a real-world learning environment. * Functional Behavioral Assessment (FBA): If your child is exhibiting challenging behaviors, the district may conduct a Functional Behavioral Assessment (FBA) to identify the triggers and functions of those behaviors. The FBA involves gathering data about the behaviors, such as when they occur, what happens before and after, and what the child gains from engaging in the behaviors. The results of the FBA are used to develop a Behavior Intervention Plan (BIP) to address the challenging behaviors.

It is important to remember that you have the right to request specific evaluations if you believe they are necessary to fully assess your child's needs. If you have concerns about a particular area of your child's development, be sure to communicate those concerns to the CSE and request that the appropriate evaluation be conducted.

Your Right to an IEE

If you disagree with the results of any evaluation conducted by the district, you have the right to obtain an Independent Educational Evaluation (IEE) at public expense. This is a federal right 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.

To request an IEE at public expense, you must notify the district in writing that you disagree with their evaluation. Your letter should clearly state which evaluation you are disputing and why you disagree with the findings. You do not need to provide a detailed explanation, but it is helpful to be specific about your concerns.

Once you request an IEE, the district has two options:

1. Pay for the IEE: The district can agree to pay for an IEE conducted by a qualified professional of your choosing, subject to certain reasonable criteria (e.g., the evaluator must be licensed and qualified to conduct the specific type of evaluation). 2. File for Due Process: The district can initiate a due process hearing to defend the validity of their evaluation. In this case, the district must prove 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. If the district fails to take either of these actions within a reasonable timeframe, you can file a complaint with the New York State Education Department.

If you obtain an IEE at public expense, the results of the IEE must be considered by the CSE in making decisions about your child's special education needs. However, the CSE is not required to follow the recommendations of the IEE. The CSE must consider the IEE, but they can ultimately make their own decisions based on all of the available information.

Even if you obtain an IEE at your own expense, the results must still be considered by the CSE. You have the right to present the IEE at the CSE meeting and discuss the findings with the committee members.

When choosing an evaluator for an IEE, it is important to select a qualified professional with experience in evaluating children with similar needs to your child. You can ask the district for a list of approved evaluators, but you are not required to choose someone from that list. You can also seek recommendations from other parents, advocacy organizations, or professionals in the field.

Private Evaluations: When and Why

Parents have the right to obtain private evaluations for their children at any time, regardless of whether the district has already conducted its own evaluations. Private evaluations can provide valuable insights into your child's strengths and weaknesses and can be a powerful tool for advocating for their needs.

There are several reasons why you might choose to obtain a private evaluation:

• To gain a more comprehensive understanding of your child's needs: The district's evaluations may not always be as thorough or detailed as you would like. A private evaluation can provide a more in-depth assessment of your child's cognitive, academic, social-emotional, or physical functioning. * To obtain a second opinion: If you disagree with the results of the district's evaluations, a private evaluation can provide a second opinion from a qualified professional. * To support your advocacy efforts: A private evaluation can provide objective evidence to support your requests for specific services or accommodations for your child. * To prepare for a Carter case: If you are considering seeking tuition reimbursement for private school placement (a "Carter" case), a strong private evaluation is essential.

Private evaluations can be used at CSE meetings to inform the committee's decisions about your child's eligibility for special education services and the development of their IEP. You have the right to present the private evaluation at the CSE meeting and discuss the findings with the committee members. The CSE must consider the private evaluation, but they are not required to follow its recommendations.

In order for a private evaluation to be credible to a CSE, it should be conducted by a qualified professional with experience in evaluating children with similar needs to your child. The evaluator should use standardized, reliable, and valid assessment tools. The evaluation report should be clearly written, comprehensive, and provide specific recommendations for addressing your child's needs.

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 an appropriate education, and the district's proposed IEP was inadequate. To succeed in a Carter case, you must demonstrate that:

1. The district's proposed IEP was not reasonably calculated to enable your child to receive educational benefits. 2. The private school placement is appropriate for your child's needs.

A strong private evaluation is crucial for both of these elements. It can help to demonstrate the inadequacy of the district's proposed IEP and the appropriateness of the private school placement.

While private evaluations can be expensive, they can be a worthwhile investment in your child's education. They can provide valuable information, support your advocacy efforts, and potentially lead to significant improvements in your child's educational outcomes.