Step 1: Making the Referral in Writing

The first step in accessing special education services for your child in NYC District 20 is submitting a formal, written referral. This letter initiates the process of determining whether your child has a disability that requires specialized instruction and support. While the school might suggest an evaluation informally, it's crucial to understand that the official process, and the legal timelines associated with it, only begin when the district receives your written request.

Why must the referral be in writing? A written referral creates a formal record of your request and ensures that the district acknowledges its responsibility to respond. It also provides a clear starting point for the 60-school-day timeline mandated by New York State law. While anyone can make a referral, including teachers, doctors, or even you, the parent, it is often most effective when initiated by you. As the parent, you possess the most comprehensive understanding of your child's strengths, weaknesses, and overall development.

Your written referral should include specific information to help the district understand your concerns. Clearly state your child's full name, date of birth, school, and grade. Describe, in detail, the specific areas where you believe your child is struggling. This might include academic difficulties (reading, writing, math), social-emotional challenges (difficulty with peer interactions, anxiety), or behavioral concerns (difficulty following directions, impulsivity). Provide concrete examples to illustrate your points. Instead of saying "My child is having trouble in math," specify "My child struggles with multi-digit multiplication and division, often reversing numbers and having difficulty understanding the concepts." Include any relevant background information, such as previous interventions your child has received, any medical diagnoses, or any significant life events that may be impacting their performance. If you have any supporting documentation, such as report cards, test scores, or notes from teachers or therapists, include copies with your referral letter.

Here is 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 NYC District 20 [Address - Contact the district to confirm the correct address]

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

Dear Committee on Special Education,

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

I am concerned about [Child's Name]'s progress in [Specific Subject or Area]. For example, [He/She] [Specific Example of Difficulty]. [He/She] also [Another Specific Example of Difficulty].

[Optional: Include any relevant background information, such as previous interventions, medical diagnoses, or significant life events.]

I have attached copies of [List any attached documents, such as report cards, test scores, or teacher notes].

I look forward to hearing from you soon regarding the next steps in the evaluation process.

Sincerely, [Your Name]

To submit your referral in NYC District 20, you should send it directly to the Committee on Special Education (CSE) office for District 20. Contact the district directly through the NYC Department of Education website or by phone to confirm the correct address and contact information for the CSE office, as locations and personnel can change. Sending your referral via certified mail with return receipt requested is recommended, as this provides proof that the district received your letter. Keep a copy of the referral letter and any attachments for your records.

Step 2: The District's 10-Day Response

Once the NYC District 20 CSE receives your written referral requesting a special education evaluation for your child, the district 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 the evaluation or refuse to evaluate your child. This 10-day window is a critical first step in the special education process, and it's important to understand your rights during this time.

If the district decides to evaluate your child, the written notice will outline the proposed evaluations and request your consent to proceed. This notice should clearly explain the types of evaluations the district intends to conduct (e.g., psychoeducational, speech-language, occupational therapy) and the purpose of each evaluation. The notice should also include a consent form for you to sign and return to the district. It is crucial to carefully review this notice and ensure you understand the proposed evaluations before signing the consent form. If you have any questions or concerns, don't hesitate to contact the CSE office for clarification.

However, the district may also decide to refuse your request for an evaluation. If this happens, the district must provide you with a written explanation of the reasons for their refusal. This explanation must be specific and detailed, outlining the factors that led to their decision. For example, the district might argue that your child is performing at grade level and does not demonstrate any significant academic or behavioral difficulties that warrant an evaluation.

Importantly, if the district refuses to evaluate your child, they must also 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, file a complaint with the New York State Education Department, or request an impartial hearing.

It is crucial to understand that the district's refusal to evaluate your child does not necessarily mean that your child does not have a disability. It simply means that the district, based on the information available to them, does not believe that an evaluation is warranted at this time. If you disagree with the district's decision, you have the right to challenge it. Consider gathering additional documentation, such as private evaluations or reports from therapists, to support your case. You can also request a meeting with the school principal or CSE chairperson to discuss your concerns and attempt to reach a resolution. Remember, you are your child's advocate, and you have the right to pursue all available avenues to ensure they receive the support they need.

Step 3: The 60-School-Day Clock

Once you provide signed consent for the special education evaluations, the 60-school-day clock begins ticking. This timeline, mandated by New York State law (8 NYCRR 200.4), is a crucial framework for the entire evaluation and IEP development process. It's essential to understand what this timeline encompasses, what can pause it, and what your options are if the district fails to meet the deadline.

The 60-school-day timeline covers everything from the date the district receives your signed consent for the evaluations to the date the Individualized Education Program (IEP) is finalized at the Committee on Special Education (CSE) meeting. This includes the completion of all necessary evaluations (psychoeducational, speech-language, occupational therapy, etc.), the review of the evaluation results by the CSE, the development of the IEP, and the CSE meeting itself. Remember, these are school days , not calendar days. Weekends, holidays, and school breaks are not counted towards the 60-day limit.

Certain circumstances can pause the 60-school-day clock. If you, as the parent, are consistently unavailable to schedule or attend evaluation appointments or the CSE meeting, the timeline may be paused. Similarly, if your child is absent from school for an extended period, the timeline may be paused until they return. However, the district must make reasonable efforts to accommodate your schedule and ensure that the evaluation process is completed in a timely manner. The district cannot unilaterally pause the clock without a valid reason and proper documentation.

What happens if the district misses the 60-school-day deadline? If the district fails to complete the evaluation process and finalize the IEP within the 60-school-day timeframe, you have grounds to file 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 by the state.

Missing the deadline can also be grounds for requesting compensatory services for your child. Compensatory services are designed to make up for the educational opportunities your child missed due to the district's failure to comply with the law. These services can include tutoring, therapy, or other specialized instruction. To pursue compensatory services, you may need to request an impartial hearing.

It's crucial to keep track of the 60-school-day timeline and document all communication with the district. If you believe the district is at risk of missing the deadline, contact the CSE office to express your concerns and request a plan to ensure timely completion of the evaluation process. Remember, you are your child's advocate, and it's your responsibility to ensure they receive the timely and appropriate special education services they are entitled to under the law.

What Evaluations Are Conducted

To determine if your child has a disability and requires special education services, the NYC District 20 CSE will conduct a series of evaluations in various areas of development. These evaluations are designed to assess your child's strengths and weaknesses and identify any specific needs that must be addressed in their Individualized Education Program (IEP). Each evaluation requires separate parental consent. The specific evaluations conducted will depend on your child's individual needs and the concerns raised in the referral. Here are some of the most common types of evaluations:

• Psychoeducational Evaluation: This is a comprehensive assessment of your child's cognitive abilities, academic skills, and learning style. It typically includes standardized tests of intelligence, achievement, and information processing. The psychoeducational evaluation helps to identify any learning disabilities, such as dyslexia or dysgraphia, and provides valuable information about your child's overall cognitive functioning.
• Speech and Language Evaluation: This evaluation assesses your child's communication skills, including articulation, fluency, language comprehension, and expressive language. It can identify speech and language disorders that may be impacting your child's ability to communicate effectively in the classroom.
• Occupational Therapy (OT) Evaluation: This evaluation assesses your child's fine motor skills, sensory processing abilities, and adaptive skills. It can identify difficulties with tasks such as handwriting, using scissors, buttoning clothes, or managing sensory input.
• Physical Therapy (PT) Evaluation: This evaluation assesses your child's gross motor skills, balance, coordination, and mobility. It can identify physical limitations that may be impacting your child's ability to participate in physical activities and navigate the school environment.
• Social History: A social history is gathered through interviews with you, the parent, and sometimes with your child. It provides the CSE with information about your child's developmental history, family background, social-emotional development, and any relevant medical or psychological history. This information helps the CSE to understand your child's overall functioning within the context of their family and community.
• Classroom Observation: A qualified professional will observe your child in their classroom setting to assess their behavior, interactions with peers and teachers, and academic performance. This observation provides valuable insights into how your child functions in a real-world learning environment.
• Functional Behavioral Assessment (FBA): If your child is exhibiting challenging behaviors that are interfering with their learning or the learning of others, the CSE may conduct a Functional Behavioral Assessment (FBA). An FBA is a systematic process of identifying the triggers, functions, and consequences of the challenging behavior. The results of the FBA are used to develop a Behavior Intervention Plan (BIP) to address the behavior.

It is important to remember that you have the right to request specific evaluations if you believe they are necessary to fully assess your child's needs. If you have concerns about a particular area of your child's development, be sure to communicate those concerns to the CSE and request the appropriate evaluation.

Your Right to an IEE

As a parent of a child with a disability or suspected disability, you have the right to obtain an Independent Educational Evaluation (IEE) if you disagree with the results of an evaluation conducted by NYC District 20. This right is guaranteed under the Individuals with Disabilities Education Act (IDEA) Section 300.502 and is a powerful tool for ensuring your child receives an appropriate education.

An IEE is an evaluation conducted by a qualified professional who is not employed by the school district. You have the right to request an IEE at public expense (i.e., paid for by the district) if you disagree with the district's evaluation. To request an IEE, you must do so in writing to the CSE. Your letter should clearly state that you disagree with the district's evaluation and are requesting an IEE at public expense. Be specific about which evaluation you disagree with (e.g., the psychoeducational evaluation, the speech-language evaluation).

Upon receiving your request for an IEE, the district has two options: they can either pay for the IEE or initiate a due process hearing to demonstrate that their evaluation was appropriate. The district cannot simply ignore your request or refuse to pay for the IEE without taking one of these two actions.

If the district chooses to initiate a due process hearing, they must prove that their evaluation met all legal requirements and accurately assessed your child's needs. 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.

If the district agrees to pay for the IEE, they must provide you with a list of qualified evaluators who are independent of the school district. You have the right to choose an evaluator from this list. The evaluator you choose must meet the same qualifications as the district's evaluators.

Once the IEE is completed, the results must be considered by the CSE in making decisions about your child's IEP. This does not mean that the CSE must automatically adopt the recommendations of the IEE, but they must give it due consideration. The IEE can provide valuable information and insights that can help the CSE develop a more appropriate and effective IEP for your child.

It's important to note that even if you obtain an IEE at your own expense, the results must still be considered by the CSE. The CSE cannot simply dismiss the IEE because it was not paid for by the district.

Private Evaluations: When and Why

Parents in NYC District 20 have the option to obtain private evaluations for their children at any time, regardless of whether the district has already conducted its own evaluations. Private evaluations can be a valuable tool for understanding your child's strengths and weaknesses, informing educational decisions, and advocating for appropriate services.

There are several reasons why you might choose to obtain a private evaluation. You may want a second opinion if you disagree with the district's evaluation results. You might want a more in-depth assessment of a specific area of concern. Or, you might want to obtain an evaluation from a specialist with expertise in your child's particular disability.

Private evaluations can be particularly helpful in preparing for CSE meetings. The evaluator can attend the meeting, present their findings, and answer questions from the CSE members. The evaluator's presence can lend credibility to your concerns and help you advocate for the services your child needs.

Even if the district has conducted its own evaluations, the CSE is legally required to consider the results of any private evaluations you provide. The CSE cannot simply dismiss a private evaluation because it was not conducted by the district. However, the weight the CSE gives to the private evaluation will depend on several factors, including the qualifications of the evaluator, the thoroughness of the evaluation, and the consistency of the findings with other data.

The Carter case doctrine provides a legal basis for parents to seek tuition reimbursement from the district for private school placement if the district failed to offer a Free and Appropriate Public Education (FAPE) and the private school placement is appropriate. While obtaining a private evaluation is not a guarantee of tuition reimbursement, it can strengthen your case by providing evidence that the district's proposed IEP was inadequate and that the private school placement is necessary to meet your child's needs.

To ensure that your private evaluation is credible to the CSE, it is important to choose a qualified and experienced evaluator. Look for evaluators who are licensed or certified in their respective fields and who have experience working with children with disabilities. The evaluator should use standardized and reliable assessment tools and should provide a comprehensive written report that clearly explains their findings and recommendations. It is also helpful if the evaluator is familiar with the special education process and the requirements of IDEA. Contacting advocacy organizations in NYC can help you find qualified evaluators.

While private evaluations can be a valuable tool, they can also be expensive. Before obtaining a private evaluation, consider your budget and whether the potential benefits outweigh the costs. You may also want to explore options for obtaining financial assistance, such as insurance coverage or grants.