Parent Advocacy Guide
for NYC District 18 East Flatbush

Understanding the Special Education Process in NYC District 18

The special education process in New York City, including District 18, follows a defined series of steps designed to ensure students with disabilities receive the support they need:

1. Referral: The process starts with a referral, which can come from a parent, teacher, doctor, or another professional who believes a child may have a disability affecting their learning. Parents have the right to request an evaluation if they suspect their child needs special education services.
2. Evaluation: After a referral, the Committee on Special Education (CSE) decides if an evaluation is necessary. If so, they conduct a comprehensive assessment of the child's needs, including psychological, educational, and social assessments. Parents have the right to an Independent Educational Evaluation (IEE) at public expense if they disagree with the district’s evaluation.
3. Eligibility Determination: The CSE meets to determine if the child qualifies for special education services. Eligibility requires that the child have a disability that negatively affects their educational performance and necessitates specialized instruction.
4. IEP Development: If eligible, the CSE creates an Individualized Education Program (IEP). The IEP is a legally binding document detailing the child's specific educational needs, goals, and services. Parents are vital members of the CSE team and have the right to participate fully in IEP development.
5. Placement: The IEP team, including parents, determines the most appropriate placement based on the IEP. Placement options include general education classrooms with support services and specialized schools. IDEA mandates educating children with disabilities in the Least Restrictive Environment (LRE) to the maximum extent appropriate.
6. Review: The IEP is reviewed at least annually, or more often if needed, to ensure it continues to meet the child's needs. Parents can request an IEP review meeting at any time.

Your Rights as a Parent in the CSE Process

As a parent of a child with special needs in NYC District 18, you have specific rights throughout the CSE process. These rights are protected by federal and state laws, including the Individuals with Disabilities Education Act (IDEA).

• Right to Participate: You have the right to actively participate in all CSE meetings, including eligibility determinations, IEP development, and placement decisions.
• Right to Information: You have the right to access all records related to your child's special education, including evaluation reports, IEPs, and progress reports.
• Right to an Independent Educational Evaluation (IEE): If you disagree with the school district's evaluation of your child, you have the right to obtain an IEE at public expense under certain circumstances.
• Right to Prior Written Notice: The school district must provide you with written notice before taking any action regarding your child's special education, including evaluations, changes to the IEP, or placement decisions.
• Right to Due Process: If you disagree with the school district's decisions regarding your child's special education, you have the right to pursue due process procedures, including mediation and impartial hearings.