Step 1: Making the Referral in Writing

If you suspect your child may have a disability that requires special education services in NYC District 21, the first crucial step is to make a formal, written referral to the Committee on Special Education (CSE). This written request is essential because it officially initiates the special education evaluation process and triggers the district's legal obligations under the Individuals with Disabilities Education Act (IDEA) and New York State regulations. A verbal request is not sufficient; the district needs a written record to begin the process.

Anyone can make a referral, including parents, teachers, doctors, or other professionals who work with your child. However, as a parent, your referral carries significant weight and ensures that your concerns are formally documented and addressed. By putting your concerns in writing, you create a clear record of your request and the specific issues you're observing in your child's development or academic performance.

Your written referral should include specific and detailed information about your child and your concerns. This allows the CSE to understand the reasons for your request and to determine the appropriate evaluations needed. Here's a list of essential information to include:

• Your child's full name, date of birth, address, school, and grade: This information is necessary for the district to identify your child and their educational placement accurately. * A detailed description of your concerns: This is the most important part of your referral. Don't just say "my child is struggling." Provide concrete examples of the difficulties your child is experiencing. Be as specific as possible, detailing the areas of concern (academic, social-emotional, behavioral, physical) and providing evidence to support your observations. * Examples of academic concerns: "My child is significantly behind grade level in reading comprehension, as evidenced by failing grades on reading assignments and difficulty answering comprehension questions. He requires significant support to decode words and struggles to understand the main idea of texts." Or, "My child has difficulty with math concepts, particularly word problems. He struggles to apply mathematical principles to real-world situations and requires significant support to complete math assignments." * Examples of social-emotional concerns: "My child exhibits frequent outbursts of anger and frustration in the classroom, disrupting learning for themselves and others. He struggles to regulate his emotions and has difficulty interacting appropriately with peers." Or, "My child is withdrawn and isolated at school, showing little interest in social activities and expressing feelings of loneliness. He has difficulty making and maintaining friendships." * Examples of behavioral concerns: "My child has difficulty staying focused in class and frequently gets out of his seat without permission. He struggles to follow directions and often disrupts the learning environment." Or, "My child engages in disruptive behaviors such as talking out of turn, making noises, and refusing to follow classroom rules. These behaviors interfere with his learning and the learning of others." * Examples of physical concerns: "My child has difficulty with fine motor skills, making it challenging to write legibly or manipulate small objects. This impacts his ability to complete classroom tasks and participate in activities requiring hand-eye coordination." Or, "My child has difficulty with gross motor skills, such as running, jumping, and balancing. He struggles to participate in physical education activities and often avoids movement-based tasks." * Any relevant background information: Include any information that may be relevant to your child's development, such as medical history, previous evaluations, or interventions. * Your contact information: Provide your phone number and email address so the district can easily reach you.

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], who is currently in [Grade] at [School Name]. [Child's Name] was born on [Date of Birth] and lives at [Address].

I am concerned about [Child's Name]'s [Specific Area of Concern, e.g., reading skills, social interactions, attention span]. For example, [Provide specific examples and evidence of your concerns].

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 thrive in school. I look forward to working with the CSE to ensure that [Child's Name] receives the support they need.

Sincerely,

[Your Name] [Your Phone Number] [Your Email Address]"

In NYC District 21, you should send your written referral to the Committee on Special Education (CSE) Chairperson. To obtain the most up-to-date contact information, it's best to check the NYC Department of Education website or contact the District 21 main office directly. Search online for "NYC DOE District 21" to find the contact information. Contact the district to confirm the correct address and the name of the current CSE Chairperson.

Step 2: The District's 10-Day Response

Once the District 21 CSE receives your written referral requesting a special education evaluation for your child, they have a legal obligation to respond within 10 school days. This response must be in writing and must inform you of their decision to either proceed with the evaluation or refuse to evaluate your child. This 10-day timeframe is crucial, as it sets the stage for the rest of the evaluation process.

If the district decides to evaluate your child, the written notice will typically include a consent form for you to sign, giving them permission to conduct the necessary evaluations. This consent form is a critical document, as the 60-school-day timeline for completing the evaluation process begins only when the district receives your signed consent.

However, if the district decides not to evaluate your child, the written notice must include a detailed explanation of the reasons for their refusal. This explanation should clearly articulate why the district believes that an evaluation is not warranted, based on the information provided in your referral and any other relevant data they may have. The district cannot simply deny your request without providing a valid justification.

In addition to the explanation, the district's written notice must also include a copy of the "Parent's Rights in Special Education" document. This document outlines your rights and responsibilities under the Individuals with Disabilities Education Act (IDEA) and New York State regulations, including your right to challenge the district's decision through various dispute resolution mechanisms.

If you disagree with the district's decision not to evaluate your child, it's important to understand your options. You have the right to request a meeting with the CSE to discuss their decision and present additional information or evidence to support your request. You can also pursue mediation or file a formal complaint with the New York State Education Department. The "Parent's Rights in Special Education" document will provide you with more detailed information about these options.

It is important to remember 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, based on the information available to them, they do not believe that an evaluation is warranted at this time. You have the right to continue advocating for your child and to seek outside evaluations or support services if you believe they are necessary.

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, as mandated by 8 NYCRR 200.4. This timeline dictates the maximum amount of time a school district, including NYC District 21, has to complete the entire special education evaluation process, from the moment they receive your signed consent to evaluate your child to the completion of your child's Individualized Education Program (IEP).

It's crucial to understand that the 60-day clock starts ticking only when the district receives your signed consent to proceed with the evaluations. The date of your initial referral letter is irrelevant; the clock doesn't start until you've given the district written permission to evaluate your child. This is why it's important to return the signed consent form to the district as quickly as possible if you agree with their decision to evaluate.

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

• Conducting all necessary 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. * Holding the CSE meeting: This meeting brings together you, the parents, school psychologists, special education teachers, and other relevant professionals to discuss the evaluation results and determine whether your child is eligible for special education services. * Developing the IEP: If your child is found eligible for special education, the CSE will develop an IEP that outlines your child's specific needs, goals, and the services and supports they will receive to address those needs.

Certain circumstances can pause the 60-school-day clock. These include:

• Parental delays: If you are consistently unavailable for meetings or appointments, or if you delay in providing necessary information or documentation, the clock may be paused. * School breaks: The clock only runs on school days , so it will be paused during school holidays, winter break, spring break, and summer vacation. * Transfer of records: If your child transfers from another school district, the clock may be paused while the district obtains your child's records from the previous school.

If the district fails to meet the 60-school-day deadline, you have grounds for filing 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 IDEA or New York State special education law. If the State Education Department finds that the district has violated the law, they can order the district to take corrective action, such as providing compensatory services to your child.

To ensure that the district adheres to the 60-school-day timeline, it's essential to keep accurate records of all communication with the district, including the date you submitted your referral, the date you signed the consent form, and the dates of any meetings or evaluations. If you believe the district is falling behind schedule, contact the CSE Chairperson to inquire about the status of the evaluation process.

What Evaluations Are Conducted

When a child is referred for a special education evaluation in NYC District 21, the Committee on Special Education (CSE) will determine which evaluations are necessary to assess the child's needs and determine eligibility for special education services. These evaluations are designed to provide a comprehensive picture of the child's strengths and weaknesses across various developmental domains. Each evaluation requires separate parental consent. The most common types of evaluations include:

• Psychoeducational Evaluation: This evaluation assesses a 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 to determine the child's overall cognitive functioning. * Speech and Language Evaluation: This evaluation assesses a child's communication skills, including articulation, fluency, language comprehension, and expressive language. It helps to identify any speech or language impairments that may be affecting the child's ability to communicate effectively. * Occupational Therapy (OT) Evaluation: This evaluation assesses a child's fine motor skills, sensory processing skills, and adaptive skills. It helps to identify any difficulties with tasks such as writing, cutting, buttoning, or using utensils. An OT evaluation can also assess a child's ability to regulate their sensory input and to adapt to different environments. * Physical Therapy (PT) Evaluation: This evaluation assesses a child's gross motor skills, such as walking, running, jumping, and balancing. It helps to identify any physical impairments that may be affecting the child's ability to move and participate in physical activities. * Social History: A social worker or other qualified professional conducts this assessment. It involves gathering information about the child's family background, developmental history, social-emotional development, and any relevant medical or psychological history. The social history provides context for understanding the child's overall development and any potential factors that may be impacting their learning. * Classroom Observation: A qualified professional observes the child in their classroom setting to assess their behavior, attention, and interactions with peers and teachers. This observation provides valuable information about how the child functions in a typical school environment and can help to identify any challenges they may be experiencing. * Functional Behavioral Assessment (FBA): If a child is exhibiting significant behavioral problems, the CSE may conduct a Functional Behavioral Assessment (FBA). An FBA is a systematic process for identifying the triggers and maintaining factors of a child's challenging behaviors. It involves gathering data through observations, interviews, and record reviews to develop a hypothesis about the function of the behavior. The results of the FBA are then used to develop a Behavior Intervention Plan (BIP) to address the child's behavioral needs.

It's important to remember that you have the right to request specific evaluations if you believe they are necessary to assess your child's needs. You should discuss your concerns with the CSE and provide any relevant information or documentation to support your request.

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 21. This right is guaranteed under the Individuals with Disabilities Education Act (IDEA) Section 300.502 and is a crucial tool for ensuring that your child receives a fair and accurate assessment of their needs.

An IEE is an evaluation conducted by a qualified professional who is not employed by the school district. This independence is essential because it provides an unbiased perspective on your child's strengths and weaknesses. You have the right to request an IEE at public expense, meaning that the district must pay for the evaluation if you meet certain criteria.

To request an IEE at public expense, you must notify the district in writing that you disagree with their evaluation and that you are requesting an IEE. The district then has two options:

1. Pay for the IEE: The district can agree to pay for the IEE, in which case they must provide you with a list of qualified evaluators who meet their criteria. You can then choose an evaluator from the list and arrange for the evaluation to be conducted. 2. File for Due Process: The district can choose to file a due process complaint to defend their evaluation. This is a formal legal process in which the district must demonstrate that their evaluation was appropriate and that an IEE is not necessary.

The district cannot simply ignore your request for an IEE. They must either pay for it or file for due process to defend their evaluation. If the district files for due process and loses, they will be required to pay for the IEE.

The IEE must be considered by the CSE. While the CSE is not required to follow the recommendations of the IEE, they must carefully consider the findings and incorporate them into their decision-making process. The IEE can provide valuable information that can help the CSE to develop a more appropriate IEP for your child.

It's important to note that the district may have certain criteria for IEEs, such as the qualifications of the evaluator and the scope of the evaluation. Be sure to ask the district about their IEE policies and procedures before requesting an IEE.

Private Evaluations: When and Why

Parents in NYC District 21 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 needs and advocating for appropriate services and supports.

There are several reasons why you might choose to get a private evaluation:

• You disagree with the district's evaluation: As discussed in the previous section, you have the right to an IEE if you disagree with the district's evaluation. However, you may also choose to get a private evaluation even if you don't request an IEE at public expense. * You want a more in-depth assessment: Private evaluators may be able to provide a more comprehensive and individualized assessment of your child's needs than the district's evaluators. * You want a second opinion: Getting a private evaluation can provide you with a second opinion on your child's strengths and weaknesses. * You want to expedite the evaluation process: The district's evaluation process can sometimes be lengthy. Getting a private evaluation can allow you to get information about your child's needs more quickly.

Private evaluations can be used at CSE meetings to inform the development of your child's IEP. You can present the results of the private evaluation to the CSE and advocate for the recommendations to be incorporated into the IEP. The CSE is required to consider the results of any private evaluations you provide, but they are not required to follow the recommendations.

The Carter case doctrine, stemming from the Supreme Court case Florence County School District Four v. Carter , allows parents who unilaterally place their child in a private school to seek tuition reimbursement from the school district if they can prove that the district failed to provide a Free Appropriate Public Education (FAPE) and that the private placement is appropriate. A credible private evaluation strengthens your case for tuition reimbursement.

To ensure that your private evaluation is credible to the CSE, it's important to choose a qualified and experienced evaluator who is familiar with special education law and best practices. The evaluator should use standardized assessments and provide a detailed report that clearly outlines your child's strengths, weaknesses, and recommendations for services and supports. The evaluator should also be willing to attend CSE meetings to discuss their findings and answer questions.

While a private evaluation can be a valuable tool, it's important to remember that it's just one piece of the puzzle. The CSE will also consider the results of the district's evaluations, classroom observations, and input from teachers and other professionals when making decisions about your child's IEP.