Step 1: Making the Referral in Writing

If you believe your child in NYC District 7 (South Bronx) needs special education services, the first step is to make a formal, written referral for an evaluation. This is a crucial step that sets the entire process in motion. While verbal conversations with teachers or school staff can be helpful, they do not officially start the evaluation timeline. The referral must be in writing to trigger the district's legal obligations.

Anyone who has knowledge of the child can make a referral, including parents, doctors, teachers, or even a social worker. However, as a parent, your referral carries significant weight. Putting your concerns in writing ensures they are formally documented and considered by the Committee on Special Education (CSE). The written referral serves as your official request for the district to assess your child's needs and determine if they are eligible for special education services.

Your written referral should be comprehensive and clearly articulate your concerns. Include the following information: your child’s full name, date of birth, address, current grade and school (if applicable), and a detailed description of your concerns about their academic, social, emotional, or physical development. Be as specific as possible, providing concrete examples of the challenges your child faces. For instance, instead of saying "My child is struggling in reading," explain, "My child has difficulty sounding out words, often skips words when reading aloud, and struggles to comprehend what they have read, even after multiple attempts." Include any supporting documentation, such as doctor's notes, previous evaluations (even if they are not special education related), report cards, or observations you've made at home. The more information you provide, the better the CSE can understand your child's needs.

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

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

[Date]

Committee on Special Education (CSE) Chairperson NYC Department of Education, District 7 [Address of District 7 CSE - confirm with the district]

Subject: Referral for Special Education Evaluation for [Child's Full Name], DOB: [Child's Date of Birth]

Dear CSE Chairperson,

I am writing to formally request a special education evaluation for my child, [Child's Full Name], who was born on [Child's Date of Birth]. [He/She] is currently in [Grade] at [School Name] (if applicable).

I am concerned about [Child's Name]'s [Specific area of concern, e.g., academic progress, social-emotional development, speech and language skills]. For example, [He/She] [Specific example 1, e.g., has difficulty completing homework assignments independently]. Additionally, [He/She] [Specific example 2, e.g., struggles to follow multi-step directions in the classroom]. [He/She] [Specific example 3, e.g., has difficulty interacting with peers during recess and often isolates [himself/herself]].

I have attached [Supporting documents, e.g., a copy of [Child's Name]'s most recent report card, a letter from [Child's Name]'s pediatrician, previous evaluation reports].

I believe that a comprehensive special education evaluation is necessary to determine if [Child's Name] is eligible for special education services and to develop an appropriate Individualized Education Program (IEP) to meet [his/her] unique needs.

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]

To ensure your referral reaches the appropriate person, you must send it to the Committee on Special Education (CSE) Chairperson for District 7. Contact the district directly to confirm the current Chairperson's name and the correct mailing address. You can find contact information on the NYC Department of Education website or by calling the district office. It's always a good idea to send the letter via certified mail with return receipt requested, so you have proof that the district received your referral. Keep a copy of the referral letter and all supporting documents for your records.

Step 2: The District's 10-Day Response

Once the District 7 CSE receives your written referral for a special education evaluation, they have a legal obligation to respond within 10 school days. This response must be in writing. The district's response will either be to provide you with prior written notice of their intent to evaluate your child, or to refuse the referral.

If the district agrees to evaluate your child, they will send you a packet of information, including a consent form for the evaluations. This packet should also include a description of the evaluations they propose to conduct, as well as information about your rights as a parent in the special education process. It is crucial to carefully review this information before signing the consent form. Make sure you understand what evaluations are being proposed and why. Don't hesitate to ask the district for clarification if anything is unclear.

If, on the other hand, the district decides not to evaluate your child, they must provide you with a written explanation of their reasons for refusing the referral. This written notice must include the reasons for the refusal, a description of any other actions the district considered, and information about your right to appeal their decision. This is called "Prior Written Notice." The district must also provide you with a copy of the "Parent's Guide to Special Education," which outlines your rights and responsibilities in the special education process.

It is important to understand that the district cannot simply ignore your referral or fail to respond within the 10-school-day timeframe. If they do, it is a violation of your child's rights. If you do not receive a written response from the district within 10 school days of sending your referral, follow up with the CSE Chairperson immediately. Document all your communication with the district, including dates, times, and the names of the people you spoke with. If you are still unable to get a response, you may want to consider contacting an advocate or attorney to help you navigate the situation.

Remember, the 10-day timeframe is based on school days , not calendar days. This means that weekends, holidays, and school breaks are not counted. Keep track of the dates carefully to ensure the district is meeting its legal obligations.

Step 3: The 60-School-Day Clock

The 60-school-day timeline is a critical aspect of the special education evaluation process in New York State, including NYC District 7. This timeline, mandated by 8 NYCRR 200.4, dictates the maximum amount of time the district has to complete the entire evaluation process, from the moment you provide signed consent for the evaluations to the completion of your child's Individualized Education Program (IEP).

The clock starts ticking the day the district receives your signed consent for the evaluations. It's important to note that the clock does not start when you submit the initial referral letter. It only begins once you have signed and returned the consent form provided by the district. This 60-day period encompasses all aspects of the evaluation process, including the individual evaluations (psychoeducational, speech/language, occupational therapy, etc.), the review of evaluation results, the CSE meeting, and the development of the IEP.

Certain events can pause the 60-school-day clock. For example, if you and the district agree to an extension of time, or if your child is absent from school for an extended period, the clock may be paused. The district should notify you in writing if the clock is paused and provide the reason for the pause. It is crucial to keep track of these pauses and ensure they are properly documented.

If the district misses the 60-day deadline, it is a violation of your child's rights under New York State law. This can have significant consequences for your child's access to timely special education services. If the district fails to complete the evaluation process within the 60-day timeframe, you have grounds to file a State Complaint with the New York State Education Department (NYSED). A State Complaint is a formal written complaint alleging that the district has violated state or federal special education laws. Filing a State Complaint can prompt NYSED to investigate the district's actions and order corrective measures, such as expediting the evaluation process or providing compensatory services to your child.

It is essential to be proactive in monitoring the 60-day timeline. Keep a record of all dates, including the date you signed and returned the consent form, the dates of any evaluations, and the date of the CSE meeting. If you notice that the district is falling behind schedule, contact the CSE Chairperson immediately to inquire about the delay and request a plan to get back on track. If you are not satisfied with the district's response, consider seeking assistance from an advocate or attorney.

What Evaluations Are Conducted

When a child is referred for a special education evaluation in NYC District 7, a variety of assessments may be conducted to determine the child's strengths and needs. These evaluations are designed to provide a comprehensive picture of the child's academic, cognitive, social-emotional, and physical functioning. Each evaluation requires separate parental consent. The district cannot proceed with any evaluation without your explicit written permission.

Common evaluations include a psychoeducational evaluation , which assesses a child's cognitive abilities, academic skills, and learning style. This evaluation typically includes standardized tests of intelligence, achievement, and processing skills. The results of the psychoeducational evaluation can help identify learning disabilities, such as dyslexia or dysgraphia, and provide information about the child's overall cognitive functioning.

A speech and language evaluation assesses a child's communication skills, including articulation, fluency, language comprehension, and expressive language. This evaluation is particularly important for children who have difficulty speaking clearly, understanding language, or expressing their thoughts and ideas. The speech and language evaluation can identify speech and language disorders and provide recommendations for therapy and support.

Occupational therapy (OT) evaluations assess a child's fine motor skills, sensory processing, and adaptive skills. This evaluation is often recommended for children who have difficulty with handwriting, dressing, eating, or other daily living activities. The OT evaluation can identify sensory processing issues, fine motor delays, and other challenges that may be impacting the child's ability to function in the classroom and at home.

Physical therapy (PT) evaluations assess a child's gross motor skills, balance, coordination, and mobility. This evaluation is often recommended for children who have difficulty walking, running, jumping, or participating in physical activities. The PT evaluation can identify gross motor delays, muscle weakness, and other physical challenges that may be impacting the child's ability to move and participate in activities.

A social history is an interview conducted with the parent or guardian to gather information about the child's developmental history, family background, medical history, and social-emotional functioning. This information is used to provide context for the other evaluations and to help the CSE understand the child's overall needs.

A classroom observation involves observing the child in their classroom setting to assess their behavior, interactions with peers and teachers, and academic performance. This observation can provide valuable insights into the child's strengths and challenges in the classroom environment.

Finally, a Functional Behavioral Assessment (FBA) may be conducted if a child is exhibiting challenging behaviors that are interfering with their learning or the learning of others. An FBA is a systematic process of gathering information about the child's behavior, identifying the triggers and maintaining factors, and developing a behavior intervention plan to address the behavior.

It is important to remember that you have the right to be informed about the purpose and procedures of each evaluation. Don't hesitate to ask the district for clarification if you have any questions or concerns. You also have the right to request that additional evaluations be conducted if you believe they are necessary to fully assess your child's needs.

Your Right to an IEE

If you disagree with the results of any evaluation conducted by NYC District 7, you have the right to obtain an Independent Educational Evaluation (IEE) at public expense. This is a crucial right guaranteed under the Individuals with Disabilities Education Act (IDEA), specifically 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, you must do so in writing to the district. Your letter should clearly state that you disagree with the district's evaluation and that you are requesting an IEE at public expense. You do not need to provide a detailed explanation of why you disagree with the district's evaluation, but it can be helpful to briefly outline your concerns.

Once you request an IEE, the district has two options: they can either pay for the IEE, or they can initiate a due process hearing to defend the appropriateness 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 hearing officer rules in favor of the district, you will not be entitled to an IEE at public expense. However, you still have the right to obtain an IEE at your own expense.

If the district agrees to pay for the IEE, they must provide you with a list of qualified evaluators who are independent of the school district. You have the right to choose an evaluator from this list. The evaluator you choose must meet the same qualifications as the district's evaluators.

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 all relevant information, including the district's evaluation, the IEE, and your input as a parent, in developing your child's IEP.

It is important to understand that the IEE is not a guarantee that your child will receive the services you are requesting. However, it provides you with an independent assessment of your child's needs and gives you a stronger voice in the IEP process.

The district must have reasonable timelines and criteria for IEEs. They can place limits on the cost of the IEE, but those limits must be clearly stated and applied consistently.

Private Evaluations: When and Why

Parents in NYC District 7 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 strengths and needs, and for advocating for appropriate special education services.

There are several reasons why you might choose to obtain a private evaluation. You may want to get a second opinion if you disagree with the district's evaluation results. You may want to obtain a more comprehensive evaluation than the district is offering. Or, you may simply want to have more information about your child's needs before the CSE meeting.

Private evaluations can be particularly helpful if you are considering pursuing tuition reimbursement under the Carter case doctrine. The Carter case established that parents may be entitled to reimbursement for the cost of private school tuition if the district fails to provide a Free Appropriate Public Education (FAPE) and the private school 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 designed to meet your child's unique needs. A strong private evaluation can provide evidence to support your claim that the district's IEP was inappropriate.

While the CSE is required to consider private evaluations, they are not required to automatically accept the findings or recommendations. The weight given to a private evaluation depends on several factors, including the qualifications of the evaluator, the thoroughness of the evaluation, and the consistency of the findings with other information about the child.

To ensure that your private evaluation is credible to the CSE, it is important to choose a qualified and experienced evaluator. Look for an evaluator who is licensed or certified in their field, and who has experience working with children with similar needs to your child. It is also important to ensure that the evaluation is comprehensive and includes a variety of assessments. The evaluation report should clearly explain the evaluator's findings and recommendations, and should be written in a clear and concise manner.

Presenting a private evaluation at a CSE meeting requires careful consideration. Be prepared to discuss the evaluation findings and explain why you believe the recommendations are appropriate for your child. You may want to bring a copy of the evaluation report to the meeting for the CSE members to review. It is also helpful to have the evaluator attend the meeting, if possible, to answer questions and provide additional information.

Even if the CSE does not fully accept the recommendations of your private evaluation, it can still be a valuable tool for advocating for your child's needs. The evaluation can provide you with a better understanding of your child's strengths and challenges, and can help you to develop a more effective IEP.