Requesting a Special Education Evaluation

Step 1: Making the Referral in Writing

The process of getting your child evaluated for special education services in NYC District 10 (Riverdale) begins with a formal, written referral. While a conversation with a teacher or school staff member can be helpful, it's the written referral that officially starts the process and triggers the district's legal obligations. Putting your request in writing ensures there's a clear record of your concerns and the date the district received your request.

Anyone can make a referral, including parents, teachers, doctors, or other professionals who work with your child. However, as a parent, your referral carries significant weight. Your letter should clearly articulate your concerns about your child's academic, social, emotional, or physical development. Be specific and provide concrete examples. Instead of saying "My child is having trouble in math," try "My child is struggling with basic addition and subtraction. He is unable to complete simple word problems and often reverses numbers." The more detail you provide, the better the evaluation team can understand your child's needs.

Your referral letter should include the following information: your child's full name, date of birth, address, grade, and school. Clearly state your concerns and the reasons you believe a special education evaluation is necessary. Include any relevant background information, such as previous interventions or evaluations, medical diagnoses, or family history. Be sure to include your contact information, including your phone number and email address, so the district can easily reach you. Here's some sample language you can adapt:

"Dear Committee on Special Education Chairperson, I am writing to request a special education evaluation for my child, [Child's Full Name], date of birth [Date of Birth], who is in [Grade] at [School Name]. I am concerned about [Child's Name]'s progress in [Subject/Area of Concern]. For example, [Specific Example]. I believe a special education evaluation is necessary to determine if [Child's Name] is eligible for special education services and to develop an appropriate educational plan. Thank you for your time and consideration. Sincerely, [Your Name], [Your Phone Number], [Your Email Address]."

In NYC District 10 (Riverdale), you should send your written referral to the Committee on Special Education (CSE) Chairperson at your child's school. If you don't know who the CSE Chairperson is, call the school's main office and ask. Explain that you are requesting an initial evaluation for special education and need the name and contact information of the CSE Chairperson to address your letter correctly. Contact the district directly to confirm the most up-to-date contact information and any specific submission procedures they may have in place.

Step 2: The District's 10-Day Response

Once the district receives your written referral, they have a legal obligation to respond within 10 school days. This isn't 10 calendar days, but rather 10 days when school is in session. This response must be in writing. The district has two options: they can either agree to evaluate your child or refuse to evaluate your child.

If the district agrees to evaluate your child, they will send you a consent form. This form outlines the types of evaluations they propose to conduct and requires your signature to proceed. Read this form carefully and make sure you understand what evaluations are being proposed. You have the right to ask questions and discuss any concerns you have with the district before signing the consent form. Remember, the 60-school-day timeline (discussed later) doesn't begin until you sign and return this consent form.

If the district refuses to evaluate your child, they must provide you with a written explanation of their reasons for refusing. This explanation must be specific and detailed, not just a vague statement. They 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. It is crucial to carefully review this document and understand your options if you disagree with the district's decision.

It's important to note that the district cannot simply ignore your referral. They must respond in writing within the 10-school-day timeframe, regardless of whether they agree to evaluate your child or not. If you do not receive a response within 10 school days, contact the district's special education office and follow up on your referral. Keeping a record of all communication with the district, including dates, times, and names of people you spoke with, is essential.

Step 3: The 60-School-Day Clock

New York State law mandates a strict timeline for the special education evaluation process. From the moment you provide signed consent for the evaluation, the district has 60 school days to complete all evaluations, hold a Committee on Special Education (CSE) meeting, and develop an Individualized Education Program (IEP) if your child is found eligible for special education services. This is a crucial timeline to be aware of and monitor.

The 60-school-day clock starts ticking the day the district receives your signed consent form authorizing the evaluations. It's important to keep a copy of the signed consent form and the date you submitted it to the district. The clock doesn't start when you initially send the referral letter; it only begins with the signed consent.

Certain events can pause the 60-day clock. For example, if you are consistently unavailable to schedule evaluation appointments or CSE meetings, the clock can be paused. However, the district must make reasonable efforts to accommodate your schedule and cannot use minor scheduling conflicts as an excuse to delay the process. The clock can also be paused during school breaks, such as summer vacation or winter recess.

If the 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 state or federal special education laws. If the State Education Department finds that the district violated the law, they can order the district to take corrective action. Missing the 60-day deadline is a significant violation and can be a strong basis for a State Complaint.

To ensure the district adheres to the timeline, maintain open communication with the CSE, track all dates and deadlines, and promptly respond to any requests for information or scheduling. If you notice the district is falling behind, contact the CSE Chairperson and express your concerns in writing. Document everything. If the deadline is missed, immediately consult with a special education advocate or attorney to discuss your options.

What Evaluations Are Conducted

A comprehensive special education evaluation typically involves several different assessments designed to provide a complete picture of your child's strengths and needs. Each evaluation requires separate parental consent. The specific evaluations conducted will depend on your child's individual circumstances and the concerns you raised in your referral letter. Here are some of the most common types of evaluations:

• Psychoeducational Evaluation: This evaluation assesses your child's cognitive abilities, academic skills, and learning style. It often includes standardized tests of intelligence, achievement, and information processing. The results of this evaluation can help determine if your child has a learning disability or other cognitive impairment.
• Speech and Language Evaluation: This evaluation assesses your child's communication skills, including articulation, fluency, language comprehension, and expressive language. It can identify speech or language impairments that may be affecting your child's ability to communicate effectively.
• Occupational Therapy (OT) Evaluation: This evaluation assesses your child's fine motor skills, sensory processing, and adaptive skills. It can identify difficulties with tasks such as writing, dressing, and using utensils.
• Physical Therapy (PT) Evaluation: This evaluation assesses your child's gross motor skills, balance, and coordination. It can identify physical impairments that may be affecting your child's ability to move and participate in physical activities.
• Social History: A social worker will conduct a social history, gathering information about your child's developmental, family, and medical history. This information provides context for understanding your child's current challenges and strengths.
• Classroom Observation: A qualified professional will observe your child in the classroom setting 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). This assessment aims to identify the triggers and functions of the behavior, which can then be used to develop a behavior intervention plan.

It's 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. Discuss your concerns with the CSE and advocate for the evaluations you believe are appropriate.

Your Right to an IEE

If you disagree with the results of any of the district's evaluations, 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), 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 specify which evaluation(s) you disagree with and why. You don't need to provide extensive justification, but a brief explanation of your concerns can be helpful.

Once you request an IEE, the district has two options: they can either agree to pay for the IEE or file a due process complaint to defend the validity of their own evaluation. They cannot simply ignore your request. If the district chooses to file due process, 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 evaluators who meet their criteria. You are generally free to choose an evaluator from this list. The IEE must meet the same standards as the district's evaluations.

The results of the IEE must be considered by the CSE in making decisions about your child's special education program and services. However, the CSE is not required to automatically adopt the recommendations of the IEE. They must consider the IEE along with all other relevant information.

It's important to note that you are only entitled to one IEE at public expense for each district evaluation with which you disagree. If you obtain additional independent evaluations, you will be responsible for paying for them yourself. However, even if you pay for a private evaluation, the CSE must still consider it.

Private Evaluations: When and Why

Parents can choose to obtain private evaluations for their child at any time, regardless of whether the district has conducted its own evaluations. Private evaluations can provide valuable information and insights into your child's strengths and needs, and can be particularly helpful if you have concerns about the thoroughness or accuracy of the district's evaluations.

Private evaluations can be used to supplement the district's evaluations, provide a second opinion, or address specific areas of concern that were not adequately addressed by the district. They can also be helpful in preparing for CSE meetings and advocating for your child's needs.

When presenting a private evaluation to the CSE, it's important to ensure that the evaluator is qualified and experienced in the relevant area. The evaluator's report should be clear, concise, and well-supported by data. The CSE must consider the private evaluation, but they are not required to automatically accept its recommendations. The CSE will consider the private evaluation along with all other relevant information in making decisions about your child's special education program and services.

In some cases, parents may be able to obtain tuition reimbursement from the district for private school placement if they can demonstrate that the district failed to provide their child with a Free and Appropriate Public Education (FAPE) in the least restrictive environment. This is based on the "Carter" case doctrine. To be eligible for tuition reimbursement, parents must typically show that the district's proposed IEP was inappropriate, the private school placement is appropriate, and they cooperated with the district throughout the process.

To increase the credibility of a private evaluation with the CSE, ensure that the evaluator is licensed and certified in their field, has experience working with children with similar needs, and uses standardized, reliable assessment tools. The evaluator should also be willing to attend CSE meetings to discuss their findings and recommendations. Contact the district to confirm their specific requirements for private evaluations.