Step 1: Making the Referral in Writing

The journey toward special education services for your child in NYC District 18 – East Flatbush begins with a formal, written referral. This referral serves as the official starting point for the evaluation process and triggers the district's legal obligation to respond. While a verbal conversation with a teacher or school staff member can be helpful, it's the written referral that sets the wheels in motion. It's crucial to understand why a written referral is so important, who can make one, what information it should include, and where to send it within District 18.

Why does it have to be in writing? A written referral creates a documented record of your request. This documentation is essential for tracking the timeline and ensuring accountability on the part of the school district. It also provides a clear and concise summary of your concerns, which can be easily shared with all members of the Committee on Special Education (CSE). Without a written referral, there's no official record of your request, making it difficult to hold the district accountable to the legally mandated timelines.

Who can make a referral? While parents are the most common individuals to initiate a referral, other parties can also do so. These include teachers, doctors, therapists, or even a child care provider who has observed significant developmental delays or learning difficulties. However, regardless of who makes the referral, parental consent is always required before the district can proceed with any evaluations. If someone other than you makes the referral, the district will contact you for your consent.

What should you include in your referral letter? A strong referral letter should be clear, concise, and specific. It should include the following information:

• Your child's full name, date of birth, grade, and school.: This ensures that the referral is correctly associated with your child's records. * Your contact information (phone number and email address). This allows the district to easily reach you with updates or questions. * A clear statement that you are requesting a special education evaluation. For example, "I am writing to formally request a special education evaluation for my child, [Child's Name]." * A detailed description of your concerns. This is the most important part of the letter. Provide specific examples of the challenges your child is facing in the classroom, at home, or in social situations. Avoid vague statements like "My child is struggling in school." Instead, provide concrete examples, such as "My child has difficulty sounding out words, even simple ones, and often guesses at words instead of trying to decode them. This results in them falling behind during reading activities and expressing frustration with reading assignments." * Any supporting documentation. Include copies of report cards, test scores, work samples, or any other relevant information that supports your concerns. * A request for specific evaluations, if known. While you may not know exactly which evaluations are needed, if you have a specific concern (e.g., speech delay), you can request a specific evaluation (e.g., speech and language evaluation).

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

"I am writing to formally request a special education evaluation for my child, [Child's Name], who is currently in [Grade] at [School Name]. I am concerned about [Child's Name]'s [specific area of concern, e.g., reading comprehension, attention span, social skills]. For example, [Child's Name] [provide specific examples of the child's difficulties]. I believe that a special education evaluation is necessary to determine if [Child's Name] has a disability that is impacting their ability to learn and to identify appropriate supports and services."

Where should you send the referral in NYC District 18 – East Flatbush? While you can send the referral to your child's school principal, it's generally recommended to send it directly to the Committee on Special Education (CSE) Chairperson at your child's school. This can help expedite the process. Contact your child's school to obtain the name and contact information for the CSE Chairperson. You can also try contacting the main District 18 office for this information. Unfortunately, a directory of CSE chairpersons is not readily available online. Contact the district to confirm the most up-to-date procedure for submitting referrals.

Step 2: The District's 10-Day Response

Once you've submitted your written referral for a special education evaluation in District 18, the district has a legal obligation to respond within a specific timeframe. New York State law mandates that the district must provide you with written notice within 10 school days of receiving your referral. This notice will inform you whether the district intends to evaluate your child or if they are refusing to do so. Understanding the contents of this notice and your rights in either scenario is crucial.

What happens if the district decides to evaluate your child? If the district agrees to evaluate your child, the written notice will include information about the proposed evaluations, including the types of assessments that will be conducted and the professionals who will be conducting them. The notice will also include a consent form that you must sign and return to the district before the evaluations can begin. It is critical to carefully review this consent form and ensure that you understand the scope of the proposed evaluations. You have the right to ask questions and seek clarification from the district if anything is unclear. Remember, the 60-school-day timeline (discussed in the next section) begins only when you sign and return this consent form.

What if the district refuses to evaluate your child? The district can refuse to evaluate your child, but they must provide you with a written explanation for their decision. This explanation must be detailed and specific, outlining the reasons why the district believes that an evaluation is not warranted. For example, the district might argue that your child's academic difficulties are not significant enough to suggest a disability, or that they have not implemented sufficient interventions to address your concerns.

In addition to providing a written explanation, the district is also required to 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.

What are your options if the district refuses to evaluate? If you disagree with the district's decision not to evaluate your child, you have several options:

• Request a meeting with the school principal or CSE Chairperson.: This meeting provides an opportunity to discuss your concerns and try to reach a resolution. You can present additional information or documentation to support your request for an evaluation. * Request mediation. Mediation is a voluntary process in which a neutral third party helps you and the district reach an agreement. * File a due process complaint. A due process complaint is a formal legal proceeding that allows you to challenge the district's decision before an impartial hearing officer. This is a more adversarial process than mediation, but it can be necessary if you are unable to reach an agreement with the district through other means. * File a State Complaint. A State Complaint is filed with the New York State Education Department and alleges the district violated special education law.

It is important to note that there are deadlines for filing a due process complaint, so it is crucial to act quickly if you disagree with the district's decision. Consider seeking legal advice from a special education attorney or advocate to understand your rights and options.

Step 3: The 60-School-Day Clock

Once you've provided signed consent for your child's special education evaluation in District 18, the clock starts ticking. New York State law (8 NYCRR 200.4) mandates a strict 60-school-day timeline for the entire evaluation process, from the date the district receives your signed consent to the completion of your child's Individualized Education Program (IEP). Understanding this timeline, what it includes, and what to do if the district misses the deadline is essential for ensuring your child receives timely services.

What does the 60-school-day timeline include? The 60-school-day clock encompasses all aspects of the evaluation process, including:

• All evaluations: This includes psychoeducational evaluations, speech and language evaluations, occupational therapy evaluations, physical therapy evaluations, social history assessments, classroom observations, and any other evaluations deemed necessary by the CSE. * The CSE meeting: This is the meeting where the CSE reviews the evaluation results, determines whether your child is eligible for special education services, and develops your child's IEP. * The IEP: The IEP is a legally binding document that outlines your child's specific educational needs, goals, and the services and supports they will receive.

It's important to remember that the 60-day timeline refers to school days , not calendar days. This means that weekends, holidays, and school breaks are not counted.

What can pause the 60-school-day clock? There are limited circumstances under which the 60-school-day clock can be paused. These include:

• Parental unavailability: If you are consistently unavailable to schedule or attend evaluations or CSE meetings, the district can pause the clock. However, they must make reasonable efforts to accommodate your schedule. * Extended school closures: In the event of an extended school closure due to unforeseen circumstances (e.g., a natural disaster), the clock may be paused.

The district cannot pause the clock simply because they are busy or short-staffed.

What should you do if the district misses the 60-day deadline? If the district fails to complete the evaluation process and develop your child's IEP within the 60-school-day timeline, you have grounds for a State Complaint. This complaint alleges the district violated special education law. Document everything, including the date you submitted your signed consent, the dates of any evaluations or meetings, and any communication you have had with the district. This documentation will be crucial in supporting your complaint.

Missing the deadline can significantly delay your child's access to needed services and supports. Filing a State Complaint can help to hold the district accountable and ensure that your child receives the timely evaluation and IEP development they are entitled to. Consider seeking assistance from a special education advocate or attorney to navigate this process.

What Evaluations Are Conducted

To determine if your child is eligible for special education services in District 18, a comprehensive evaluation is conducted. This evaluation typically involves a variety of assessments designed to assess your child's strengths and weaknesses in different areas. Each evaluation requires separate parental consent, so it's important to understand what each assessment entails. Here's an overview of some of the most common evaluations:

• Psychoeducational Evaluation: This is a broad assessment that looks at your child's cognitive abilities, academic skills, and learning style. It typically includes standardized tests of intelligence (IQ), achievement (reading, writing, math), and information processing. The psychoeducational evaluation helps to identify any learning disabilities or cognitive impairments that may be affecting your child's academic performance. * Speech and Language Evaluation: If you have concerns about your child's communication skills, a speech and language evaluation may be recommended. This evaluation assesses your child's articulation, fluency, voice, receptive language (understanding what is said), and expressive language (using language to communicate). It can help to identify speech and language disorders that may be impacting your child's ability to communicate effectively. * Occupational Therapy (OT) Evaluation: An OT evaluation assesses your child's fine motor skills, sensory processing skills, and adaptive skills. Fine motor skills involve the small muscles of the hands and fingers, which are important for tasks like writing, cutting, and buttoning. Sensory processing skills refer to how your child receives and responds to sensory information from their environment. Adaptive skills include self-care tasks like dressing, eating, and toileting. An OT evaluation can help to identify any difficulties in these areas that may be impacting your child's ability to participate in school activities. * Physical Therapy (PT) Evaluation: A PT evaluation assesses your child's gross motor skills, balance, coordination, and mobility. Gross motor skills involve the large muscles of the body, which are important for tasks like walking, running, jumping, and climbing. A PT evaluation can help to identify any physical impairments that may be impacting your child's ability to move and participate in physical activities. * Social History Assessment: A social history assessment gathers information about your child's developmental history, family background, social relationships, and emotional well-being. This information is typically collected through interviews with you and your child, as well as a review of relevant records. The social history assessment helps the CSE to understand the context in which your child is learning and to identify any social or emotional factors that may be impacting their academic performance. * Classroom Observation: A classroom observation involves observing your child in their classroom setting to assess their behavior, interactions with peers and teachers, and academic performance. This observation can provide valuable insights into how your child functions in a typical school environment. * Functional Behavioral Assessment (FBA): If your child is exhibiting challenging behaviors, a Functional Behavioral Assessment (FBA) may be conducted. An FBA is a systematic process for identifying the triggers and functions of challenging behaviors. It involves collecting data on the behavior, the events that precede it, and the consequences that follow it. The goal of the FBA is to understand why the behavior is occurring and to develop strategies for preventing or managing it.

Remember, if your child's primary language is not English, the district must conduct the evaluations in their native language. This is a non-negotiable requirement under IDEA.

Your Right to an IEE

If you disagree with the results of any of the evaluations conducted by District 18, you have the right to obtain an Independent Educational Evaluation (IEE) at public expense. This is a crucial right guaranteed by 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.

How do you request an IEE? To request an IEE, you must do so in writing. Your request should specify which evaluation(s) you disagree with and why. For example, you might disagree with the psychoeducational evaluation because you believe the evaluator did not adequately consider your child's cultural background, or you might disagree with the speech and language evaluation because you believe the evaluator did not use appropriate assessment tools.

What happens after you request an IEE? Once you request an IEE, the district has two options:

• Pay for the IEE: The district can agree to pay for the IEE. In this case, they must provide you with a list of qualified independent evaluators who meet the district's criteria. You can then choose an evaluator from the list and schedule the evaluation. * File for due process to defend their evaluation: The district can choose to file a due process complaint to defend the validity of their evaluation. In this case, a hearing officer will review the evidence and determine whether the district's evaluation was appropriate. If the hearing officer finds that the district's evaluation was appropriate, you will not be entitled to an IEE at public expense.

The district cannot simply ignore your request for an IEE. They must either pay for it or file for due process.

What are the district's criteria for IEE evaluators? The district is allowed to establish reasonable criteria for IEE evaluators, such as requiring them to be licensed or certified in their respective fields. However, the district's criteria cannot be so restrictive that they effectively prevent you from obtaining an IEE. Contact the district to confirm their specific criteria for IEE evaluators.

What happens to the IEE results? Regardless of who pays for the IEE, the results of the IEE must be considered by the CSE. This means that the CSE must review the IEE report and discuss its findings at the CSE meeting. However, the CSE is not required to follow the recommendations of the IEE. The CSE must consider the IEE, but they can ultimately make their own decisions about your child's eligibility for special education services and the content of their IEP.

Private Evaluations: When and Why

In addition to your right to an IEE at public expense, you also have the right to obtain private evaluations at any time, at your own expense. Private evaluations can be a valuable tool for understanding your child's needs and advocating for appropriate services, even if you agree with the district's evaluations.

When might you consider getting a private evaluation? There are several situations in which you might consider obtaining a private evaluation:

• You want a second opinion: Even if you agree with the district's evaluations, you may want to get a second opinion from an independent professional. This can provide you with additional reassurance or identify areas that may have been overlooked. * You want a more in-depth assessment: The district's evaluations may be limited in scope or depth. A private evaluator may be able to provide a more comprehensive assessment that addresses your specific concerns. * You want an evaluation from a specialist: You may want to seek out an evaluation from a specialist who has expertise in a particular area, such as autism spectrum disorder or dyslexia. * You are preparing for a CSE meeting: A private evaluation can provide you with valuable information and documentation to support your requests at the CSE meeting.

How are private evaluations used at CSE meetings? You can bring the results of your private evaluations to the CSE meeting and present them to the CSE members. The CSE is required to consider the information you provide, including the private evaluation report. The CSE should discuss the findings of the private evaluation and explain how they are or are not incorporated into your child's IEP.

What makes a private evaluation credible to a CSE? To ensure that your private evaluation is taken seriously by the CSE, it is important to choose a qualified and experienced evaluator. Look for an evaluator who is licensed or certified in their respective field and who has a strong reputation in the community. The evaluator should also use standardized assessment tools and provide a comprehensive written report that clearly outlines their findings and recommendations.

The Carter case doctrine and tuition reimbursement: In some cases, parents who disagree with the district's proposed IEP can unilaterally place their child in a private school and seek tuition reimbursement from the district. This is based on the Supreme Court's decision in School Committee of the Town of Burlington v. Department of Education , 471 U.S. 359 (1985), often referred to as the Carter case. To be eligible for tuition reimbursement, you must demonstrate that the district's proposed IEP was inappropriate, that the private placement was appropriate, and that you cooperated with the district throughout the process. Obtaining strong private evaluations can be crucial in building a case for tuition reimbursement. This is a complex legal issue, and you should consult with a special education attorney or advocate if you are considering this option.