Requesting a Special Education Evaluation

Step 1: Making the Referral in Writing

The first step in accessing special education services for your child in NYC District 17 - Crown Heights is submitting a formal, written referral. This referral serves as the official starting point for the evaluation process and triggers specific timelines and obligations for the district. It's crucial that this referral is in writing to create a clear record of your request and to ensure that the district responds appropriately. A verbal request is not sufficient to initiate the special education process.

Anyone who has concerns about a child's development can make a referral. This includes parents, doctors, teachers, school staff, or even a social worker. However, as a parent, your referral carries significant weight and ensures that your concerns are formally addressed. If you suspect your child may have a disability that is impacting their ability to learn and thrive in school, you have the right to request a special education evaluation.

Your written referral should be comprehensive and clearly articulate your concerns. Include the following information: your child's full legal name, date of birth, current grade and school, home address, and your contact information (phone number and email address). Clearly state why you believe your child needs an evaluation. Provide specific, observable examples of the challenges your child is facing. Avoid vague statements like "My child is struggling in school." Instead, use concrete examples such as, "My child consistently scores below grade level in reading comprehension, as evidenced by their scores on the [Name of Assessment] assessment. They also have difficulty following multi-step instructions in the classroom, requiring frequent prompting from the teacher." Include any supporting documentation that strengthens your referral. This could include report cards, previous IEPs (if applicable), medical diagnoses, independent evaluations, teacher observations, or work samples. The more information you provide, the better the district will understand your concerns.

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

"Dear Committee on Special Education Chairperson,

I am writing to request a special education evaluation for my child, [Child's Full Name], born on [Date of Birth], who is currently in [Grade] at [School Name]. I am concerned about [Child's Name]'s progress in [Specific Subject or Area]. For example, [Child's Name] struggles with [Specific Skill] and consistently [Specific Behavior or Outcome]. [He/She] also [Another Specific Example]. I have attached [Report Cards, Teacher Observations, Medical Reports, etc.] to further illustrate my concerns. I believe a comprehensive evaluation is necessary to determine if [Child's Name] has a disability that is impacting [his/her] ability to learn and to identify appropriate supports and services. Thank you for your time and consideration. I look forward to hearing from you soon."

In NYC District 17 - Crown Heights, you should address the letter to the CSE Chairperson at your child's school. Contact the school directly to obtain the name and contact information of the CSE Chairperson. If your child is not yet in school, address the letter to the CPSE Chairperson at the District 17 main office. While a specific address for the District 17 CPSE office isn't readily available, you can contact the district through the NYC Department of Education website or by calling 311 to inquire about the correct mailing address or email for submitting CPSE referrals. You can also try searching the NYC Department of Education website for "District 17 special education contacts."

Step 2: The District's 10-Day Response

Once the District 17 CSE or CPSE receives your written referral, they have a legal obligation to respond within 10 school days. This response must be in writing and will inform you of their decision to either proceed with an evaluation or refuse to evaluate your child. This 10-day timeframe is crucial, so be sure to document the date you submitted your referral.

If the district decides to evaluate your child, the written notice will typically include a consent form. This form outlines the types of evaluations the district proposes to conduct and requires your signature to authorize them. Read this form carefully and ensure you understand what evaluations are being recommended. You have the right to ask questions and seek clarification before signing the consent form. Remember, the 60-school-day timeline for completing the evaluation process begins only when you sign and return the consent form.

If, on the other hand, the district decides not to evaluate your child, they are required to provide you with a written explanation of their reasons for refusal. This explanation must be specific and detailed, outlining the factors that led to their decision. For example, they might state that your child is performing at grade level and there is no evidence of an educational disability. The district must also provide you with a copy of your parental rights, including your right to appeal their decision.

It is important to understand that you have the right to challenge the district's refusal to evaluate your child. If you disagree with their decision, you can request mediation or file a complaint with the New York State Education Department. The notice from the district should outline the steps you can take to appeal their decision. Don't hesitate to seek assistance from a special education advocate or attorney if you need help navigating this process.

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. This timeline, mandated by 8 NYCRR 200.4, dictates the maximum amount of time a school district can take to complete the entire special education 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 starts 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. It only begins once you've given your written permission for the district to proceed with the evaluations. This timeline includes all aspects of the evaluation process, including the actual evaluations, the preparation of evaluation reports, the scheduling and holding of the IEP meeting, and the development of the IEP document itself.

Certain events can pause the 60-school-day clock. These include periods when school is not in session for five or more consecutive school days, such as winter break, spring break, or summer vacation. The clock also pauses if you, the parent, are repeatedly unavailable to schedule or attend evaluation appointments or the IEP meeting, despite the district's reasonable efforts to contact you. It is important to respond promptly to the district's communication to avoid any unnecessary delays.

If the district fails to complete the evaluation process and develop an IEP within the 60-school-day timeline, you have grounds for filing a State Complaint with the New York State Education Department. A State Complaint is a formal grievance that alleges the district has violated state or federal special education laws. If your complaint is upheld, the state can order the district to take corrective action, such as providing compensatory services to your child. To file a State Complaint, you will typically need to provide documentation of the initial referral, the signed consent form, and any communication with the district regarding the evaluation process. You can find information on how to file a State Complaint on the New York State Education Department website.

What Evaluations Are Conducted

When a child is referred for a special education evaluation, the district may conduct a variety of assessments to determine if the child has a disability and, if so, what types of supports and services are needed. 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 specific evaluations conducted will depend on the individual child's needs and the concerns raised in the referral.

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 information processing. The psychoeducational evaluation helps to identify any learning disabilities, such as dyslexia, dysgraphia, or dyscalculia, and to determine the child's overall cognitive functioning.

A speech and language evaluation assesses a child's communication skills, including articulation, fluency, voice, receptive language (understanding language), and expressive language (using language). This evaluation can identify speech and language disorders that may be impacting the child's ability to communicate effectively in the classroom and other settings.

An occupational therapy (OT) evaluation assesses a child's fine motor skills, sensory processing skills, and adaptive skills. This evaluation can identify difficulties with tasks such as handwriting, using scissors, buttoning clothes, and organizing materials. Occupational therapy can help children develop the skills they need to participate fully in school and daily life.

A physical therapy (PT) evaluation assesses a child's gross motor skills, such as walking, running, jumping, and balance. This evaluation can identify physical impairments that may be impacting the child's ability to move around the classroom, participate in physical education, and engage in other activities.

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 functioning. This information helps the evaluation team understand the child's overall context and 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, interactions with peers and teachers, and academic performance. This observation provides valuable information about how the child functions in a real-world learning environment.

A Functional Behavioral Assessment (FBA) is conducted when a child is exhibiting challenging behaviors that are interfering with their learning or the learning of others. The FBA involves gathering information about the child's behavior, identifying the triggers and maintaining factors, and developing a behavior intervention plan to address the behavior.

Your Right to an IEE

If you disagree with the results of any of the evaluations conducted by District 17, you have the right to request 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. This provides an outside perspective on your child's needs.

To request an IEE, you must do so in writing to the CSE. Clearly state which evaluation(s) you disagree with and why. It's helpful to be specific about your concerns. For example, you might say, "I disagree with the district's psychoeducational evaluation because I believe it underestimated my child's reading comprehension skills. The evaluator did not use the specific reading assessment recommended by my child's tutor."

Once you request an IEE, the district has two options: they must either pay for the IEE or initiate a due process hearing to demonstrate that their evaluation was appropriate. They cannot simply ignore your request. If the district chooses to pay for the IEE, they must provide you with a list of qualified independent evaluators who meet their criteria. You can then choose an evaluator from that list. The IEE must meet the same criteria that the district uses for its own evaluations.

If the district chooses to initiate a due process hearing, they must prove that their evaluation was valid and reliable. 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. This does not mean that the CSE is required to follow the recommendations of the IEE, but they must give it due consideration. The IEE evaluator can also attend the CSE meeting to present their findings and answer questions.

Private Evaluations: When and Why

As a parent, you have the right to obtain private evaluations for your child at any time, regardless of whether the district has conducted its own evaluations. Private evaluations can provide valuable information about your child's strengths and weaknesses and can be particularly helpful if you have concerns about the district's evaluations or if you want a more in-depth assessment of your child's needs.

Private evaluations can be used in a variety of ways at CSE meetings. You can share the results of the private evaluation with the CSE and use it to support your requests for specific services or accommodations. The CSE is required to consider the results of any private evaluations you provide. The evaluator who conducted the private evaluation can also attend the CSE meeting to present their findings and answer questions.

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 provide 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 throughout the process.

To ensure that a private evaluation is credible to the 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 use standardized assessments that are appropriate for your child's age and developmental level. The evaluation report should clearly state the evaluator's findings, conclusions, and recommendations. It's also helpful if the evaluator is familiar with special education law and regulations in New York State. While the CSE is required to consider private evaluations, they are more likely to give weight to evaluations that meet these criteria.