Step 1: Making the Referral in Writing

The first step in accessing special education services for your child in NYC District 22 - Midwood is submitting a formal, written referral. This letter officially requests that the district evaluate your child to determine their eligibility for special education. It's crucial to understand that this request must be in writing to initiate the process and protect your rights. A verbal request, while perhaps helpful in opening a dialogue, does not trigger the legal timelines and obligations of the school district.

Anyone who has direct knowledge of the child's struggles can make a referral. This includes parents, teachers, doctors, therapists, or even a concerned relative. However, as a parent, your referral carries significant weight and ensures you are kept informed throughout the evaluation process. The written referral serves as a formal record of your concerns and initiates the mandated timeline for the district to respond.

Your referral letter should be clear, concise, and provide specific details about your child's difficulties. Include the following information:

• Child's Full Name and Date of Birth: Double-check for accuracy to avoid any confusion. * Home Address and Contact Information: Include your phone number and email address so the district can easily reach you. * School Name and Grade: Specify the school your child attends and their current grade level. If your child is in a special education setting within the school, clearly indicate this. * Specific Concerns: This is the most important part of your letter. Detail the specific academic, social-emotional, behavioral, or physical challenges your child is experiencing. Provide concrete examples. For instance, instead of saying "My child struggles with reading," say "My child has difficulty sounding out words, often guesses at words instead of decoding them, and has trouble comprehending what they read. They are currently reading below grade level." If you're concerned about social skills, you might write, "My child has difficulty initiating and maintaining conversations with peers. They often seem withdrawn and have difficulty understanding social cues." If you suspect Autism Spectrum Disorder (ASD), specifically mention your concerns and the behaviors that lead you to believe an evaluation for ASD is warranted. * Any Supporting Documentation: If you have any relevant documentation, such as reports from doctors, therapists, or previous evaluations, you can include copies with your referral letter. This can provide the district with additional information to consider.

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 (CSE) Chairperson [School Name] [School Address]

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

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]. [Child's Name] was born on [Date of Birth].

I am concerned about [Child's Name]'s progress in [Specific Area of Concern, e.g., reading, math, social skills]. For example, [Provide Specific Examples, e.g., "he struggles with reading comprehension and often needs help understanding simple instructions," or "she has difficulty making friends and often isolates herself during recess"].

I believe that a comprehensive evaluation is necessary to determine if [Child's Name] is eligible for special education services and to identify any supports that may be needed to help [him/her] succeed.

Thank you for your time and consideration. I look forward to hearing from you soon.

Sincerely, [Your Name] In NYC District 22 - Midwood, you should send your written referral directly to the CSE Chairperson at your child's school. To obtain the name and contact information of the CSE Chairperson, contact the school's main office or guidance counselor. It's always a good idea to confirm the correct recipient to ensure your referral is processed promptly. You can also try contacting the District 22 main office for CSE contact information, though contacting the school directly is usually faster. Keep a copy of the referral letter for your records, along with proof of delivery (e.g., certified mail receipt).

Step 2: The District's 10-Day Response

Once the district receives your written referral, the clock starts ticking for their response. New York State law requires the district to provide you with written notice within 10 school days of receiving your referral. This notice must inform you of the district's decision to either proceed with an evaluation or refuse to evaluate your child. It's important to note that these are school days, not calendar days, so weekends and holidays are not included in the calculation.

If the district decides to evaluate your child, the written notice will typically include a consent form for you to sign, allowing them to proceed with the evaluations. This consent form will outline the types of evaluations the district proposes to conduct. We'll discuss the different types of evaluations in a later section.

However, the district may decide not to evaluate your child. If this happens, the district must provide you with a written explanation of their reasons for refusing the referral. This explanation must be specific and clearly state why they believe an evaluation is not warranted. For example, they might state that your child is performing at grade level and there is no evidence of an educational disability.

In addition to the explanation, the district must also provide you with a copy of your parental rights under IDEA (Individuals with Disabilities Education Act) and New York State Part 200 Regulations. This document outlines your rights throughout the special education process, including your right to request mediation, file a complaint, or pursue due process if you disagree with the district's decision.

If you disagree with the district's decision not to evaluate your child, it is crucial to understand your rights and options. You can request a meeting with the school to discuss your concerns and provide additional information. You can also seek assistance from parent advocacy organizations or special education attorneys who can help you navigate the process and advocate for your child's needs. Remember, the district's refusal to evaluate does not necessarily mean your child does not have a disability; it simply means they do not believe an evaluation is currently warranted based on the information they have. You have the right to challenge this decision.

Step 3: The 60-School-Day Clock

The 60-school-day timeline is a critical aspect of the special education evaluation process in New York State. This timeline, mandated by 8 NYCRR 200.4, dictates the maximum amount of time a school district can take to complete the entire evaluation process, from the moment you provide signed consent for the evaluations to the completion of your child's Individualized Education Program (IEP). It is essential to understand how this timeline works to ensure your child receives timely services.

The 60-school-day clock begins when the district receives your signed consent to conduct the evaluations. It's important to emphasize that the clock does not start when you submit the initial referral letter. It only starts once you have signed and returned the consent form provided by the district. Therefore, it's in your best interest to return the signed consent form as quickly as possible if you agree with the proposed evaluations.

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

• Conducting the Evaluations: This includes all the necessary evaluations, such as psychoeducational assessments, speech and language evaluations, occupational therapy evaluations, and any other evaluations deemed necessary by the district. * Holding the CSE Meeting: The Committee on Special Education (CSE) meeting is where the evaluation results are discussed, and a determination is made regarding your child's eligibility for special education services. * Developing the IEP: If your child is found eligible for special education, the CSE will develop an Individualized Education Program (IEP) that outlines the specific services and supports your child will receive.

Certain events can pause the 60-school-day clock. For example, if you are consistently unavailable to schedule evaluations or CSE meetings, the district can pause the clock until you become available. Similarly, if your child is absent from school for an extended period, the clock may be paused. The district must notify you in writing if they are pausing the clock and explain the reason for the pause.

If the district misses the 60-day deadline, it is a violation of New York State law. This gives you, as a parent, grounds to file a State Complaint with the New York State Education Department (NYSED). A State Complaint is a formal written complaint alleging that the school district has violated a requirement of IDEA or Part 200 Regulations. While filing a State Complaint can be a useful tool, it's often more effective to communicate proactively with the district and document all communication. If you see the deadline approaching and the evaluations are not complete, contact the CSE Chairperson and express your concerns in writing. Document everything.

In District 22, as in all NYC districts, navigating this timeline requires vigilance. Keep track of the dates, document all communication with the school, and don't hesitate to seek assistance from parent advocacy organizations if you encounter delays or difficulties. Remember, the 60-day timeline is in place to ensure your child receives timely access to special education services.

What Evaluations Are Conducted

When a child is referred for a special education evaluation, the district will conduct a series of assessments to determine if the child has a disability and, if so, what types of services and supports are needed. 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 district cannot proceed with an evaluation without your explicit written consent for that specific evaluation.

Here are some of the most common types of evaluations conducted:

• Psychoeducational Evaluation: This is a comprehensive assessment of a child's cognitive abilities, academic skills, and learning style. It typically includes standardized tests of intelligence (IQ), achievement (reading, writing, math), and cognitive processing (attention, memory, executive functions). The psychoeducational evaluation helps to identify learning disabilities, intellectual disabilities, and other cognitive impairments that may be affecting a child's academic performance. * Speech and Language Evaluation: This evaluation assesses a child's communication skills, including articulation, fluency, voice, receptive language (understanding language), and expressive language (using language). It can identify speech sound disorders, language delays, stuttering, and other communication impairments that may be affecting a child's ability to communicate effectively. * Occupational Therapy (OT) Evaluation: This evaluation assesses a child's fine motor skills, gross motor skills, sensory processing, and adaptive skills. It can identify difficulties with handwriting, cutting, buttoning, coordination, balance, and sensory sensitivities that may be affecting a child's ability to participate in everyday activities. * Physical Therapy (PT) Evaluation: This evaluation assesses a child's gross motor skills, such as walking, running, jumping, and balance. It can identify physical impairments that may be affecting a child's mobility and participation in physical activities. * Social History: A social history is an interview with the parent or caregiver to gather information about the child's developmental history, family background, medical history, and social-emotional development. This information helps the CSE to understand the child's overall functioning and identify any factors that may be contributing to their difficulties. * Classroom Observation: A qualified professional observes the child in their classroom setting to assess their behavior, academic performance, and social interactions. This observation provides valuable information about how the child functions in a real-world learning environment. * Functional Behavioral Assessment (FBA): If a child is exhibiting challenging behaviors, the district may conduct a Functional Behavioral Assessment (FBA) to identify the triggers and functions of those behaviors. The FBA involves gathering data through observations, interviews, and record reviews to understand why the child is engaging in the behavior and what purpose it serves. The results of the FBA are then used to develop a Behavior Intervention Plan (BIP) to address the challenging behaviors.

In District 22, as in all NYC districts, the specific evaluations conducted will depend on the individual needs of the child. The CSE will determine which evaluations are necessary based on the information provided in the referral and any other relevant information. Remember, you have the right to discuss the proposed evaluations with the CSE and ask questions about their purpose and scope.

Your Right to an IEE

If you disagree with the results of any evaluation conducted by the NYC Department of Education, you have the right to obtain an Independent Educational Evaluation (IEE) at public expense. This is a crucial right guaranteed under 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.

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. You do not need to provide a detailed explanation of why you disagree with the district's evaluation, although it can be helpful to briefly state your concerns.

Upon receiving your request, the district 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 independent evaluators who meet their criteria. You can then choose an evaluator from the list and schedule the evaluation. The district is responsible for paying the evaluator's fees, up to a reasonable amount. 2. File for Due Process: Alternatively, the district can file a due process complaint to defend their evaluation. This means they will initiate a legal proceeding to 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 fails to take either of these actions, you have grounds to file a complaint with the New York State Education Department.

It's important to understand that even if the district pays for the IEE, they are not obligated to automatically accept its findings. However, the law requires that the CSE consider the results of the IEE when making decisions about your child's special education needs. This means the CSE must review the IEE report, discuss its findings, and explain how the information was or was not incorporated into your child's IEP.

The IEE can be a valuable tool for parents who disagree with the district's evaluation. It provides a second opinion from an independent professional and can help to ensure that your child's needs are being accurately assessed and addressed. In District 22, as in all NYC districts, it's essential to understand your right to an IEE and to exercise that right if you believe it is necessary to advocate for your child's best interests.

Private Evaluations: When and Why

Parents in NYC District 22 - Midwood, like parents everywhere, have the option of obtaining private evaluations for their children at any time, regardless of whether the district has already conducted its own evaluations. These private evaluations can be a valuable tool for understanding your child's strengths and weaknesses, identifying potential disabilities, and advocating for appropriate services and supports.

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

• You have concerns about your child's development: If you have concerns about your child's academic, social-emotional, or behavioral development, a private evaluation can provide valuable insights and help you determine if further intervention is needed. * 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 obtain a private evaluation even if you don't request an IEE, simply to get a second opinion. * You want a more comprehensive evaluation: The district's evaluations may be limited in scope or focus. A private evaluation can provide a more in-depth assessment of your child's needs. * You want to expedite the evaluation process: The district's evaluation process can take time. A private evaluation can provide you with information more quickly, allowing you to start addressing your child's needs sooner.

Private evaluations can be used in a variety of ways at CSE meetings. You can present the evaluation report to the CSE and discuss its findings. The CSE is required to consider the information in the private evaluation when making decisions about your child's special education needs. However, the CSE is not obligated to automatically accept the recommendations in the private evaluation. They will consider the evaluation along with all other relevant information, including the district's evaluations, classroom observations, and your input as a parent.

The Carter case doctrine, stemming from the Supreme Court case Florence County School District Four v. Carter , provides a legal basis for parents to seek tuition reimbursement from the school district if they unilaterally place their child in a private school that provides special education services, and the district failed to provide a Free Appropriate Public Education (FAPE). To be eligible for tuition reimbursement, you must demonstrate that the district's proposed IEP was inadequate and that the private school placement is appropriate to meet your child's needs. Private evaluations can be crucial evidence in demonstrating the inadequacy of the district's proposed IEP.

To ensure that your private evaluation is credible and persuasive to the CSE, it's important to choose a qualified and experienced evaluator. Look for evaluators who are licensed or certified in their respective fields (e.g., psychologist, speech-language pathologist, occupational therapist). Also, consider the evaluator's experience working with children with similar needs to your child. The more thorough and well-documented the private evaluation, the more weight it is likely to carry with the CSE. A private evaluation that clearly outlines the child's strengths and weaknesses, provides specific recommendations for interventions and supports, and is based on sound assessment practices will be more persuasive than a brief or poorly documented evaluation.