Special Education Evaluations in NYC District 19 - East New York

This guide is for parents and guardians of students in NYC District 19, which includes neighborhoods like East New York, the eastern part of Brownsville, and Starrett City. Navigating the special education system in New York City can be confusing. This guide provides information on how to request a special education evaluation for your child. We will explain your rights and the steps involved in the evaluation process within District 19. We will also discuss related service gaps, concerns about school safety related to a student's disability, problems with Behavior Intervention Plans (BIPs), and manifestation determination hearings.

It is important to understand your rights under the Individuals with Disabilities Education Act (IDEA) and New York State Education Law. IDEA ensures that children with disabilities receive a Free Appropriate Public Education (FAPE). This means your child is entitled to specialized instruction and related services designed to meet their individual needs. New York State regulations further define these rights and responsibilities. You can find the full text of IDEA on the U.S. Department of Education website and Part 200 regulations on the New York State Education Department (NYSED) website. Knowing your rights is essential when working with the Committee on Special Education (CSE) in District 19.

Step 1: Making the Referral in Writing

To begin the special education evaluation process for your child in District 19, you must submit a written referral to the Committee on Special Education (CSE). This referral is the official starting point. Putting your request in writing creates a formal record and ensures that the district acknowledges your request.

Anyone who has concerns about a child's development or academic performance can make a referral. This includes parents, teachers, doctors, or other professionals. However, as a parent, your referral carries significant weight. Your letter should be addressed to the CSE Chairperson at your child's school. If you do not know who the current CSE Chairperson is, contact the school's main office. The NYC Department of Education website has a school lookup tool where you can find contact information for your child's school in District 19.

Your referral letter should clearly and specifically state your concerns about your child's academic, social-emotional, or behavioral performance. Explain why you believe a special education evaluation is necessary. Avoid vague statements. Instead, provide concrete examples. For example, instead of saying "My child is struggling in reading," say "My child is reading below grade level, has difficulty sounding out words, and often gets frustrated during reading assignments. They are currently in the second grade but reading at a kindergarten level."

Here's some sample 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], [Child's Date of Birth]

Dear CSE Chairperson,

I am writing to request a special education evaluation for my child, [Child's Full Name], who is currently in [Grade] at [School Name]. I have significant concerns about [his/her/their] progress in [specific academic area, e.g., reading, math, writing] and [his/her/their] [social/emotional/behavioral] development.

Specifically, [Child's Name] is [describe specific challenges and provide examples. Be detailed. For example: "struggling with reading comprehension. He/She/They can decode words but has difficulty understanding the meaning of what he/she/they reads. On a recent reading assessment, he/she/they scored below the 25th percentile."]

[Continue to provide specific examples of your concerns. Include information about any interventions that have already been tried and their effectiveness. For example: "The teacher has tried small group instruction, but [Child's Name]'s progress has been minimal."]

I believe that a comprehensive special education evaluation is necessary to determine if [Child's Name] has a disability that is impacting [his/her/their] ability to learn and to identify the appropriate supports and services to help [him/her/them] succeed.

Thank you for your time and consideration. I look forward to hearing from you soon regarding the next steps in the evaluation process.

Sincerely, [Your Name]

After writing your letter, send it to the CSE Chairperson at your child's school. Keep a copy of the letter for your records. Contact the school to confirm the best way to deliver the letter – either by mail, email, or hand delivery. Contact the district to confirm the specific procedures for submitting referrals in District 19.

Step 2: The District's 10-Day Response

After you submit your written referral, the district has 10 school days to respond. This is a critical timeframe. The district must provide you with written notice of their decision to either evaluate your child or refuse to evaluate your child. This notice must be in writing.

If the district decides to evaluate your child, the written notice should include information about the evaluations they plan to conduct, as well as a consent form for you to sign. The notice should also include information about your rights as a parent in the special education process.

If the district refuses to evaluate your child, the written notice must include a clear explanation of the reasons for their refusal. The district cannot simply deny your request without providing a valid justification. The notice must also inform you of your right to challenge their decision. This is called "Prior Written Notice" and it's a key protection under IDEA. The notice must also include information about how to file a complaint or request mediation or a due process hearing.

If you do not receive a written response from the district within 10 school days of submitting your referral, follow up immediately. Contact the CSE Chairperson at your child's school and document all communication. The district's failure to respond within the required timeframe could be grounds for a complaint.

Step 3: The 60-School-Day Clock

The special education evaluation process in New York State is governed by a strict timeline. From the moment you provide signed consent for the evaluation, the district has 60 school days to complete the evaluation process, hold the CSE meeting, and develop your child's Individualized Education Program (IEP). This is mandated by New York State law (8 NYCRR 200.4). It is crucial to understand this timeline and track the progress of your child's evaluation.

The 60-school-day clock starts ticking when the district receives your signed consent for the evaluations. It's important to note that the clock does NOT start when you submit the initial referral letter. It only starts after you sign the consent form.

The 60-day timeline includes all aspects of the evaluation process, including:

* Conducting all necessary evaluations (psychoeducational, speech-language, occupational therapy, etc.) * Holding the CSE meeting to discuss the evaluation results * Developing the IEP

Certain events can pause the 60-day clock. For example, if you are consistently unavailable to schedule the CSE meeting, the clock may be paused. However, the district must make reasonable efforts to accommodate your schedule. The clock can also be paused if you and the district agree to an extension. Any pause in the timeline should be documented in writing.

If the district fails to complete the evaluation process within the 60-school-day timeline, you have grounds for filing a State Complaint with the New York State Education Department (NYSED). A State Complaint is a formal way to report the district's non-compliance with special education regulations. You can find information about filing a State Complaint on the NYSED website.

To ensure the district adheres to the timeline, keep detailed records of all communication, including dates of referrals, consent forms, and scheduled meetings. Don't hesitate to contact the CSE Chairperson or the District 19 special education office if you have concerns about delays.

What Evaluations Are Conducted

A special education evaluation is a comprehensive assessment of your child's strengths and needs. The specific evaluations conducted will depend on your child's individual circumstances and the concerns raised in the referral. Common evaluations include:

• Psychoeducational Evaluation: This evaluation assesses your child's cognitive abilities, academic skills, and learning style. It typically includes standardized tests of intelligence, achievement, and information processing. * Speech-Language Evaluation: This evaluation assesses your child's communication skills, including articulation, fluency, language comprehension, and expressive language. * Occupational Therapy (OT) Evaluation: This evaluation assesses your child's fine motor skills, sensory processing, and adaptive skills. It may be recommended if your child has difficulty with handwriting, dressing, or other daily living activities. * Physical Therapy (PT) Evaluation: This evaluation assesses your child's gross motor skills, balance, and coordination. It may be recommended if your child has difficulty with walking, running, or other physical activities. * Social History: A social worker will interview you to gather information about your child's developmental history, family background, and social-emotional functioning. * Classroom Observation: A qualified professional will observe your child in the classroom to assess their behavior, academic performance, and interactions with peers and teachers. * Functional Behavioral Assessment (FBA): If your child is exhibiting challenging behaviors, the district may conduct an FBA to identify the triggers and functions of those behaviors. This information can be used to develop a Behavior Intervention Plan (BIP).

It is important to understand that each evaluation requires separate parental consent. The district cannot conduct any evaluation without your informed written consent. Before signing the consent form, ask questions about the purpose of the evaluation, the procedures involved, and how the results will be used. You have the right to refuse any evaluation that you do not believe is necessary or appropriate.

Your Right to an IEE

If you disagree with the results of any evaluation conducted by the district, you have the right to obtain an Independent Educational Evaluation (IEE) at public expense. This is a federal right guaranteed under 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 notify the district in writing that you disagree with their evaluation. Your letter should specify which evaluation you are disputing and explain the reasons for your disagreement.

Upon receiving your request, the district has two options:

1. 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. You can then choose an evaluator from the list and schedule the evaluation. 2. File for Due Process: The district can file a due process complaint to defend the appropriateness of their evaluation. In this case, an impartial 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 not appropriate, the district will be required to pay for the IEE.

The district cannot simply ignore your request for an IEE. They must either pay for the IEE or file for due process. The district must act within a reasonable timeframe.

The IEE must be considered by the CSE. This does not mean that the CSE must automatically accept the findings of the IEE. However, the CSE must carefully review the IEE and consider its recommendations when making decisions about your child's IEP.

Private Evaluations: When and Why

Parents can obtain private evaluations for their children 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 needs, and they can be particularly helpful if you have concerns about the thoroughness or accuracy of the district's evaluations.

Private evaluations can be used at CSE meetings to support your requests for specific services or accommodations. The CSE is required to consider any private evaluations that you submit.

In some cases, parents may be able to obtain tuition reimbursement from the district for private school placement if the district is unable to provide a Free Appropriate Public Education (FAPE) in a public school setting. This is based on the "Carter" case doctrine, which stems from a Supreme Court case, School Committee of the Town of Burlington v. Department of Education . To be eligible for tuition reimbursement, you must demonstrate that the district's proposed IEP was not appropriate and that the private school placement is appropriate to meet your child's needs.

To ensure that a private evaluation is credible to the CSE, it should be conducted by a qualified and experienced professional. The evaluator should use standardized assessment tools and provide a detailed report that includes specific recommendations for your child's education. It's also helpful if the evaluator is familiar with the special education system in New York City.