Step 1: Making the Referral in Writing

In New York City's District 15, which includes Park Slope, Carroll Gardens, and surrounding neighborhoods, initiating the special education evaluation process begins with a formal written referral. This letter serves as your official request to the school, prompting them to assess your child's needs and determine eligibility for special education services. While a verbal conversation with a teacher or school administrator can be a helpful starting point, it is the written referral that sets the legal timeline in motion.

The requirement for a written referral is crucial because it creates a documented record of your request, ensuring accountability and adherence to the mandated timelines outlined in New York State Education Law. This documentation protects your child's rights and provides a clear starting point for the evaluation process. Anyone who has concerns about a child's development can make a referral, including parents, teachers, doctors, or other professionals who work with the child. However, it is most common for parents or school staff to initiate the referral.

Your written referral should be comprehensive and clearly articulate your concerns about your child's academic, social-emotional, or physical development. Be as specific as possible, providing concrete examples of the challenges your child faces. This detailed information helps the school understand the reasons for your request and guides the evaluation process. Include the following information in your letter: your child's full name and date of birth, your address and contact information, your child's current grade level and teacher's name, and a detailed summary of your concerns. For example, instead of saying "My child is struggling in math," you could write, "My child is having difficulty with multi-digit multiplication and division, consistently scoring below 60% on related assignments, and requires significant one-on-one support to complete homework."

To ensure your referral reaches the appropriate individuals, address it to the Committee on Special Education (CSE) Chairperson at your child's school. While the school principal or a guidance counselor may be helpful in answering initial questions, directing the referral to the CSE Chairperson ensures it is officially logged and processed according to the required procedures. You can usually find the name and contact information for the CSE Chairperson on your school's website or by contacting the school directly. Keep a copy of the referral letter for your records, along with proof of delivery, such as a certified mail receipt or an email confirmation.

Here's an example of language you can adapt for your referral letter:

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

[Date]

Committee on Special Education Chairperson [School Name] [School Address]

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

Dear CSE Chairperson,

I am writing to formally request a special education evaluation for my child, [Child's Full Name], who is currently in [Grade Level] at [School Name] in [Teacher's Name]'s class. [Child's Name]'s date of birth is [Date of Birth].

I am concerned about [Child's Name]'s [Specific Area of Concern, e.g., reading comprehension, social skills, attention span]. For example, [Provide Specific Examples, e.g., "he struggles to decode simple words and often guesses at words instead of sounding them out," or "she has difficulty interacting with peers and often becomes withdrawn during group activities," or "he has trouble staying focused on tasks and frequently fidgets and interrupts the class."]. These challenges are impacting [Child's Name]'s ability to [Explain the Impact, e.g., "keep up with the curriculum," or "participate fully in classroom activities," or "complete assignments independently."].

I would appreciate it if the CSE would evaluate [Child's Name] to determine if special education services are necessary to support his/her/their educational needs.

Thank you for your time and consideration. I look forward to hearing from you soon.

Sincerely, [Your Name]

Step 2: The District's 10-Day Response

Upon receiving your written referral, NYC District 15 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 your request. This timeframe is mandated by New York State regulations and ensures that your referral is addressed promptly.

If the district decides to evaluate your child, the written notice will include a consent form for you to sign. This consent form outlines the types of evaluations the district proposes to conduct, such as psychoeducational assessments, speech and language evaluations, occupational therapy evaluations, and social history assessments. It is crucial to carefully review this consent form and understand the scope of each proposed evaluation. You have the right to ask questions and seek clarification from the district if anything is unclear. Remember, you must provide informed consent before any evaluations can begin.

However, if the district refuses to evaluate your child, the written notice must include a detailed explanation of the reasons for the refusal. This explanation should be specific and address the concerns you raised in your initial referral letter. The district cannot simply deny your request without providing a valid justification. The notice must also inform you of your parental rights, including your right to challenge the district's decision through various dispute resolution mechanisms, such as mediation or a due process hearing.

It is important to understand that the district's refusal to evaluate your child does not necessarily mean that your child does not need special education services. It simply means that the district, based on the information available to them, does not believe that an evaluation is warranted at this time. You have the right to challenge this decision if you disagree with it.

If you receive a refusal to evaluate, carefully review the district's reasoning. If you believe the reasons are not valid or do not adequately address your concerns, you should consider the following steps: request a meeting with the school principal or CSE Chairperson to discuss the refusal and present any additional information or documentation that supports your request for an evaluation; seek advice from a special education advocate or attorney to understand your rights and options; consider obtaining private evaluations at your own expense to provide additional data to support your claim that your child needs 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 timeline, mandated by New York State law (8 NYCRR 200.4), is a critical framework for ensuring that the evaluation process is completed in a timely manner. It's important to note that these are school days , not calendar days, meaning weekends, holidays, and school breaks are not counted. The 60-day timeline encompasses all aspects of the evaluation process, including the completion of all necessary evaluations, the convening of the Committee on Special Education (CSE) meeting, and the development of an Individualized Education Program (IEP) if your child is found eligible for special education services.

The clock starts the day the district receives your signed consent form. It is crucial to keep a record of when you submitted the signed consent, such as a date-stamped copy or a confirmation email, to accurately track the timeline. The 60-day period is designed to ensure that the evaluation process moves forward without unnecessary delays.

Certain circumstances can pause the 60-day clock. For example, if you, as the parent, repeatedly fail to bring the child in for scheduled evaluations or are unresponsive to the district's attempts to schedule evaluations, the clock may be paused. Similarly, if you and the district agree to an extension of the timeline in writing, the clock will be paused for the agreed-upon duration. However, the district cannot unilaterally pause the clock without your consent or a valid reason related to your cooperation with the evaluation process.

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 a requirement of the Individuals with Disabilities Education Act (IDEA) or its implementing regulations. Filing a State Complaint can prompt an investigation by the state and may result in corrective action being ordered against the district. Missing the 60-day timeline is a common violation that can be addressed through a State Complaint.

To avoid delays and ensure that the 60-day timeline is met, be proactive in communicating with the school and the CSE. Respond promptly to requests for information or scheduling appointments. Keep detailed records of all communication with the district, including dates, times, and the content of conversations. If you notice that the timeline is slipping, contact the CSE Chairperson to inquire about the status of the evaluation and express your concerns. If you are unable to resolve the issue through communication with the district, consider seeking assistance from a special education advocate or attorney.

What Evaluations Are Conducted

The special education evaluation process involves a comprehensive assessment of your child's strengths and needs across various developmental domains. The specific evaluations conducted will depend on the nature of your concerns and the information gathered during the initial referral process. However, some common evaluations include psychoeducational assessments, speech and language evaluations, occupational therapy (OT) evaluations, physical therapy (PT) evaluations, social history assessments, and classroom observations. Each of these evaluations provides valuable insights into your child's learning style, communication skills, motor skills, social-emotional development, and overall functioning in the school environment.

A psychoeducational evaluation assesses your child's cognitive abilities, academic skills, and learning style. This evaluation typically includes standardized tests of intelligence, achievement, and information processing. The results of the psychoeducational evaluation can help identify learning disabilities, such as dyslexia or dysgraphia, and provide information about your child's strengths and weaknesses in areas such as reading, writing, and math.

A speech and language evaluation assesses your child's communication skills, including articulation, fluency, language comprehension, and expressive language. This evaluation can identify speech and language disorders that may be impacting your child's ability to communicate effectively in the classroom and other settings.

An occupational therapy (OT) evaluation assesses your child's fine motor skills, sensory processing skills, and adaptive skills. This evaluation can identify difficulties with tasks such as writing, cutting, buttoning, and using utensils. It can also assess your child's ability to regulate sensory input and adapt to different environments.

A physical therapy (PT) evaluation assesses your child's gross motor skills, balance, coordination, and mobility. This evaluation can identify physical impairments that may be impacting your child's ability to participate in physical activities and navigate the school environment.

A social history assessment gathers information about your child's developmental history, family background, social-emotional development, and any relevant medical or psychological history. This information provides context for understanding your child's current challenges and helps the CSE develop a comprehensive IEP.

Classroom observations involve observing your child in the classroom setting to assess their behavior, interactions with peers and teachers, and academic performance. These observations provide valuable insights into how your child functions in a real-world learning environment.

It is important to note that each evaluation requires separate parental consent. The district must provide you with a clear explanation of the purpose and scope of each evaluation before you provide consent. You have the right to refuse any evaluation that you do not believe is necessary or appropriate for your child. You also have the right to request additional evaluations if you believe that the district's proposed evaluations are not comprehensive enough to address your concerns.

If your child's primary language is not English, the district is required to conduct bilingual evaluations in your child's native language. This is a non-negotiable requirement under the Individuals with Disabilities Education Act (IDEA) and ensures that your child is assessed fairly and accurately.

Your Right to an IEE

If you disagree with the results of any evaluation conducted by NYC District 15, 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 and is a powerful tool for ensuring that your child's needs are accurately assessed. 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 and are requesting an IEE. Your letter should specify which evaluation you are disputing and the reasons for your disagreement. The district then has two options: they can either agree to pay for the IEE, or they can initiate a due process hearing to defend the validity of their evaluation.

If the district chooses to pay for the IEE, they must provide you with a list of qualified evaluators who are independent of the school district. You can then select an evaluator from this list to conduct the IEE. The IEE must meet the same standards as the district's evaluations.

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.

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 IEP. The CSE is not required to adopt the recommendations of the IEE, but they must give it due consideration. This means that the CSE must carefully review the IEE and explain their reasons for accepting or rejecting its recommendations.

It is important to note that the district cannot unreasonably delay or deny your request for an IEE. They also cannot retaliate against you for requesting an IEE. Your right to an IEE is a fundamental protection under IDEA, and the district must respect this right.

Private Evaluations: When and Why

Parents in NYC District 15 have the option to obtain private evaluations for their children at any time, regardless of whether the district has conducted its own evaluations. Private evaluations can provide valuable insights into your child's strengths and needs, and they can be particularly helpful if you have concerns about the thoroughness or accuracy of the district's evaluations.

There are several reasons why you might choose to obtain a private evaluation. You may disagree with the district's findings, believe that the district's evaluations did not adequately address your concerns, or simply want to obtain a second opinion from an independent professional. Private evaluations can also be helpful in identifying specific learning disabilities or other conditions that may not have been identified by the district.

Private evaluations can be used at CSE meetings to support your requests for specific services or accommodations for your child. The CSE is required to consider any private evaluations that you submit, but they are not required to adopt the recommendations of the private evaluator. However, a well-written and comprehensive private evaluation can be a powerful tool for advocating for your child's needs.

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 if they unilaterally place their child in a private school that provides special education services, and the district failed to offer a Free Appropriate Public Education (FAPE). To be eligible for tuition reimbursement, you must demonstrate that the district's proposed IEP was inadequate, the private placement was appropriate to meet your child's needs, and you cooperated with the district to the extent possible.

To ensure that a private evaluation is credible to a CSE, it should be conducted by a qualified and experienced professional who is licensed or certified in their field. The evaluation should be comprehensive and address all of your concerns about your child's development. The evaluation report should be well-written and clearly explain the evaluator's findings and recommendations. It is also helpful if the evaluator is familiar with special education law and regulations in New York State. Contact the district to confirm whether they maintain a list of approved or recommended private evaluators.

While private evaluations can be a valuable tool, they can also be expensive. It is important to carefully consider the costs and benefits of obtaining a private evaluation before making a decision. You may also want to explore options for obtaining financial assistance, such as insurance coverage or grants from private organizations.