Requesting a Special Education Evaluation

Step 1: Making the Referral in Writing

The first step in seeking special education services for your child in NYC District 13 (Brooklyn Heights, Fort Greene, Clinton Hill, DUMBO, and Prospect Heights) is submitting a formal, written referral to the Committee on Special Education (CSE). This written referral is crucial because it officially initiates the evaluation process and creates a documented record of your request. A verbal request is not sufficient to trigger the district's legal obligations.

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 behavioral 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," you could write, "My child is having difficulty sounding out words, often skips words when reading aloud, and has trouble comprehending what they read, as evidenced by their consistently low scores on reading comprehension quizzes."

Your referral letter should include the following information: your child's full name, date of birth, address, the name of the school your child currently attends (if applicable), your contact information (phone number and email address), and a detailed description of your concerns. Include any supporting documentation that you believe is relevant, such as report cards, previous evaluations (private or from early intervention), doctor's notes, or work samples. While you don't need to diagnose your child, describing specific behaviors and challenges will help the CSE understand your concerns. Here's some sample language you can adapt:

"I am writing to request a special education evaluation for my child, [Child's Full Name], born on [Date of Birth]. [He/She] currently attends [School Name] in [Grade Level]. I am concerned about [his/her] progress in [Subject/Area of Concern]. Specifically, [he/she] is experiencing difficulties with [Specific Challenges, e.g., reading comprehension, math problem-solving, social interaction, following directions]. For example, [Provide Concrete Examples, e.g., "on a recent math test, he/she was unable to complete word problems," or "he/she has difficulty maintaining eye contact and often interrupts conversations"]. I have attached [Supporting Documents, e.g., report card, doctor's note] for your review. I can be reached at [Your Phone Number] or [Your Email Address]."

In District 13, send your referral letter to the CSE Chairperson. While specific contact information can change, you can generally find the most up-to-date contact information on the NYC Department of Education website or by contacting the District 13 main office. Search the DOE website for "District 13 CSE" or "Committee on Special Education District 13." To ensure you have proof of delivery, send your letter via certified mail with return receipt requested. Keep a copy of the letter and the certified mail receipt for your records. This documentation can be crucial if there are any disputes about when the referral was received.

Step 2: The District's 10-Day Response

Upon receiving your written referral, NYC District 13 is 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 an evaluation or refuse to evaluate your child. This 10-day window is a critical first step in the special education process, and it's important to be aware of your rights during this time.

If the district decides to evaluate your child, the written notice will typically include a consent form for you to sign, allowing the district to conduct the necessary evaluations. This consent form should specify the types of evaluations the district intends to conduct (e.g., psychoeducational evaluation, speech and language evaluation, occupational therapy evaluation). Review the consent form carefully before signing it. You have the right to ask questions about the evaluations and to understand what they will entail.

However, the district may refuse to evaluate your child. If this occurs, the district MUST provide you with a written explanation of the reasons for their refusal. This explanation must be specific and detailed, not just a vague statement. For example, the district might refuse to evaluate if they believe your child's academic difficulties are solely due to a lack of appropriate instruction, and they have data to support that claim.

In addition to the explanation, the district MUST also provide you with a copy of your parental rights under the Individuals with Disabilities Education Act (IDEA). This notice of procedural safeguards outlines your rights throughout the special education process, including your right to request mediation, file a complaint with the New York State Education Department, or pursue due process.

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 their concerns and present your own evidence supporting the need for an evaluation. You can also submit additional documentation, such as private evaluations or reports from medical professionals. If you are still not satisfied, you have the right to pursue dispute resolution options, such as mediation or a due process hearing. It is highly recommended that you seek legal counsel or advocacy support if you disagree with the district's decision.

Step 3: The 60-School-Day Clock

The 60-school-day timeline is a cornerstone of the special education evaluation process in New York State, including NYC District 13. 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 evaluation to the completion of your child's Individualized Education Program (IEP). It's crucial to understand how this timeline works and what your rights are if the district fails to meet it.

The 60-school-day clock begins ticking the day the district receives your SIGNED CONSENT for the evaluation. It's important to note that the clock does NOT start when you submit the initial referral letter. The clock only starts after you've given your written permission for the district to proceed with the evaluations. This timeline includes all aspects of the evaluation process, including conducting the necessary assessments (psychoeducational, speech/language, occupational therapy, etc.), holding the CSE meeting to discuss the evaluation results and determine your child's eligibility for special education services, and developing the IEP if your child is found eligible.

Certain events can pause the 60-school-day clock. For example, if you, as the parent, repeatedly fail to attend scheduled evaluation appointments or CSE meetings, the district can pause the timeline. However, the district must demonstrate that they made reasonable efforts to contact you and schedule these appointments. The clock also pauses during school breaks that are five days or longer, such as winter break or spring break. The district must notify you in writing if the clock is paused and explain the reason for the pause.

If the district misses 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, they can order the district to take corrective action, such as providing compensatory services to your child. Missing the 60-day timeline is a common reason for parents to file State Complaints.

To protect your rights, it's essential to keep accurate records of all communication with the district, including the date you submitted your signed consent form. If you believe the district is approaching the 60-day deadline without completing the evaluation process, contact the CSE Chairperson immediately to inquire about the status of the evaluation. If you are not satisfied with the district's response, consider seeking legal counsel or advocacy support.

What Evaluations Are Conducted

When a child is referred for a special education evaluation in NYC District 13, a variety of assessments may be conducted to determine the nature and extent of their disability and to identify their educational needs. These evaluations are designed to provide a comprehensive picture of the child's strengths and weaknesses across different areas of development. Each evaluation requires separate parental consent. The district cannot proceed with an evaluation without your explicit written permission for that specific assessment.

A psychoeducational evaluation is a comprehensive assessment of a child's cognitive abilities, academic skills, and learning style. This evaluation typically includes standardized tests of intelligence (IQ), achievement (reading, writing, math), and cognitive processing (memory, attention, processing speed). The psychoeducational evaluation helps to identify learning disabilities, intellectual disabilities, and other cognitive impairments that may be affecting a child's academic performance.

A speech and language evaluation assesses a child's communication skills, including articulation, fluency, voice, language comprehension, and expressive language. This evaluation is typically conducted by a licensed speech-language pathologist. It helps to identify speech and language disorders that may be affecting a child's ability to communicate effectively in the classroom and in social situations.

Occupational therapy (OT) evaluations assess a child's fine motor skills, sensory processing skills, and adaptive skills. This evaluation is typically conducted by a licensed occupational therapist. It helps to identify difficulties with tasks such as handwriting, using scissors, buttoning clothes, and organizing materials. OT evaluations can also assess a child's sensory sensitivities and how these sensitivities may be affecting their behavior and learning.

Physical therapy (PT) evaluations assess a child's gross motor skills, such as walking, running, jumping, and balance. This evaluation is typically conducted by a licensed physical therapist. It helps to identify physical impairments that may be affecting a child's ability to participate in physical activities and navigate the school environment.

A social history is a comprehensive interview with the parent or guardian to gather information about the child's developmental history, family background, medical history, and social-emotional development. This information helps the CSE to understand the child's overall functioning and to identify any factors that may be contributing to their difficulties.

A classroom observation involves observing the child in their classroom setting to assess their behavior, academic performance, and social interactions. This observation helps the CSE to understand how the child functions in a typical school environment and to identify any specific challenges they may be facing.

A Functional Behavioral Assessment (FBA) is a process used to identify the triggers and functions of a child's challenging behaviors. This assessment typically involves observing the child in different settings, interviewing teachers and parents, and reviewing records. The goal of the FBA is to develop a behavior intervention plan (BIP) that addresses the underlying causes of the behavior and teaches the child more appropriate ways to respond.

If your child's primary language is not English, the district MUST conduct all evaluations in your child's native language. This is a non-negotiable requirement under IDEA. Bilingual evaluations ensure that the evaluation results accurately reflect your child's abilities and are not skewed by language barriers.

Your Right to an IEE

If you disagree with the results of any evaluation conducted by NYC District 13, you have the right to obtain an Independent Educational Evaluation (IEE) at public expense. 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.

To request an IEE, you must do so in writing to the CSE Chairperson. Your letter should specify which evaluation you disagree with and why. You do not need to provide a detailed explanation, but it is helpful to articulate your concerns. For example, you might state that you believe the district's psychoeducational evaluation did not adequately assess your child's specific learning challenges or that the evaluator did not have sufficient experience with children with similar disabilities.

Upon receiving your request for an IEE, the district has two options: they can either pay for the IEE or file a due process complaint to defend their own evaluation. 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 are independent of the district. You can then choose an evaluator from this list to conduct the IEE. The IEE must meet the same criteria as the district's evaluations, meaning the evaluator must be qualified and use appropriate assessment tools.

The district cannot unreasonably delay or refuse your request for an IEE. They also cannot limit your choice of evaluators to only those who are willing to accept the district's reimbursement rates. You have the right to choose an evaluator who you believe is best qualified to assess your child, even if their fees are higher than the district's standard rates. In such cases, you may be responsible for covering the difference in cost.

Regardless of who pays for the IEE, the results of the IEE must be considered by the CSE in making decisions about your child's special education needs. This means that the CSE must review the IEE report and discuss its findings at the IEP meeting. While the CSE is not required to follow the recommendations of the IEE, they must give it due consideration. The IEE can provide valuable insights into your child's strengths and weaknesses and can help to inform the development of an appropriate IEP.

Private Evaluations: When and Why

Parents in NYC District 13 have the right to obtain 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 special education services.

You might choose to obtain a private evaluation if you are concerned about your child's development but have not yet requested a district evaluation. A private evaluation can provide you with valuable information and documentation to support your referral to the CSE. You might also seek a private evaluation if you disagree with the results of the district's evaluation or if you believe the district's evaluation was incomplete or inadequate.

Private evaluations can be used at CSE meetings to advocate for specific services or accommodations for your child. You can present the private evaluation report to the CSE and discuss its findings. The CSE is required to consider the information provided in the private evaluation, even if they disagree with its conclusions.

The "Carter" case doctrine, stemming from the Supreme Court case Florence County School District Four v. Carter , provides a legal basis for parents to seek tuition reimbursement from the school district for private school placement if the district fails to provide a Free Appropriate Public Education (FAPE) for their child. To be eligible for tuition reimbursement, you must demonstrate that the district's proposed IEP was inadequate and that the private school placement is appropriate to meet your child's needs. Private evaluations can be crucial evidence in supporting a Carter case claim.

To ensure that your private evaluation is credible and persuasive to the CSE, it is important to choose a qualified and experienced evaluator. Look for evaluators who are licensed or certified in their respective fields (e.g., psychologist, speech-language pathologist, occupational therapist). The evaluator should have experience working with children with similar disabilities to your child. The evaluation report should be comprehensive, well-written, and based on sound assessment principles. It should clearly articulate the evaluator's findings and recommendations.

While the CSE is required to consider private evaluations, they are not automatically bound to accept their recommendations. The CSE will consider the evaluator's qualifications, the thoroughness of the evaluation, and the consistency of the findings with other information about your child. If the CSE disagrees with the recommendations of the private evaluation, they must provide a written explanation of their reasons.