Step 1: Making the Referral in Writing

The first step in accessing special education services for your child in NYC District 27 (Rockaway) is to make a formal, written referral for a special education evaluation. This is a crucial step, as it officially puts the district on notice of your concerns and starts the timeline for the evaluation process. While a school staff member might suggest an evaluation, it's ultimately your right as a parent to formally request one.

Why must the referral be in writing? A written referral creates a clear record of your request, the date it was made, and the reasons for your concerns. This documentation is essential if you need to track the progress of the evaluation or if any disputes arise later in the process. A verbal request, while perhaps initially helpful, doesn't provide the same level of protection or accountability.

Who can make a referral? While parents are the most common referral source, teachers, doctors, or other professionals who work with your child can also make a referral. However, as the parent, you have the ultimate authority to consent to the evaluation. If another party makes a referral, the district must obtain your written consent before proceeding with any evaluations. In practice, it's always best for you, the parent, to initiate the written referral to ensure you are in control of the process from the outset.

What should you include in the referral letter? Your letter should clearly and concisely state your concerns about your child's academic, social-emotional, or physical development. Be specific and provide concrete examples of the difficulties your child is experiencing. For instance, instead of saying "My child is struggling in reading," you could write, "My child is having difficulty sounding out words, often reverses letters, and is significantly behind their classmates in reading comprehension. They are currently reading at a first-grade level despite being in the third grade." Include any interventions or supports that have already been tried, and the results of those efforts. If your child has received any outside services, such as tutoring or therapy, mention those as well. The more information you provide, the better the district will understand your concerns.

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 [Child's 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 formally request a special education evaluation for my child, [Child's Full Name], who is currently in [Grade] at [Child's School Name]. I have significant concerns about [his/her/their] [academic/social-emotional/physical] development.

Specifically, [Child's Name] is experiencing difficulties with [list specific concerns and provide examples]. For example, [he/she/they] [give a specific example, such as "struggles to complete math problems independently" or "has difficulty interacting with peers during recess"].

[He/She/They] has/have previously received [mention any interventions or supports, such as "extra help in reading" or "counseling sessions"]. [Describe the results of these interventions, such as "These interventions have had limited success" or "These interventions seemed helpful initially, but the progress has plateaued"].

I believe 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 Signature] [Your Typed Name]

Where should you send the referral letter in NYC District 27 - Rockaway? The best approach is to send the letter directly to the CSE Chairperson at your child's school. You can usually obtain the name and contact information of the CSE Chairperson from the school's main office or website. If you are unsure, contact the school directly and ask for the CSE Chairperson's contact information. Keep a copy of the referral letter for your records, and consider sending it via certified mail with return receipt requested to ensure proof of delivery.

Step 2: The District's 10-Day Response

Once the district receives your written referral for a special education evaluation, 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, so be sure to track the date you sent the referral and follow up if you haven't received a response within the allotted time.

If the district decides to evaluate your child, the written notice will typically include a consent form for you to sign, allowing them to begin the evaluation process. This consent form will likely outline the types of evaluations they plan to conduct (e.g., psychoeducational, speech-language, occupational therapy). It is important to carefully review this consent form before signing it to ensure you understand what evaluations will be performed and that you agree with the proposed plan. You have the right to ask questions and seek clarification if anything is unclear.

What happens if the district refuses to evaluate your child? If the district decides not to evaluate your child, they are required to provide you with a written explanation of their reasons for refusing. This explanation must be specific and based on data or observations. For example, they might state that your child is performing at grade level in all academic areas and that there is no evidence of a disability impacting their educational performance.

In addition to providing the reasons for their refusal, the district must also provide you with a copy of your parental rights under IDEA (Individuals with Disabilities Education Act). This notice will outline your rights to challenge the district's decision, including the right to request mediation or file a due process complaint.

It is important to understand that the district's refusal to evaluate your child does not necessarily mean that your concerns are invalid. You have the right to challenge their decision if you disagree with it. If you believe your child needs a special education evaluation, despite the district's refusal, you have several options. You can request an informal meeting with school staff to discuss your concerns and present any additional information or documentation that supports your request. You can also consider obtaining a private evaluation from an independent professional. A private evaluation can provide valuable information about your child's strengths and weaknesses and can be used to support your case for a special education evaluation.

Step 3: The 60-School-Day Clock

The Individuals with Disabilities Education Act (IDEA) and New York State regulations set a strict timeline for the special education evaluation process. In New York State, the district has 60 school days to complete the entire process, from the date they receive your signed consent for the evaluation to the date the Individualized Education Program (IEP) is finalized at the IEP meeting. This 60-day timeline is a critical protection for parents and ensures that evaluations are conducted in a timely manner.

It is crucial to understand that the 60-school-day clock starts ticking when the district receives your signed consent for the evaluation, not when you initially submit the referral letter. Therefore, it is important to sign and return the consent form as soon as possible if you agree with the proposed evaluation plan.

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

* Conducting all necessary evaluations (psychoeducational, speech-language, occupational therapy, etc.) * Gathering information from teachers and other relevant staff * Holding the Committee on Special Education (CSE) meeting to review the evaluation results * Developing the Individualized Education Program (IEP)

What can pause the 60-day clock? There are limited circumstances under which the 60-day timeline can be paused. The most common reason is if you, as the parent, repeatedly fail or refuse to make the child available for the evaluation. For example, if you cancel multiple evaluation appointments or fail to respond to the district's attempts to schedule evaluations, the clock may be paused. However, the district must document their attempts to contact you and schedule the evaluations. The clock can also be paused due to mutually agreed upon extensions, but these should be documented in writing.

What should you do if the district misses the 60-day deadline? 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 written complaint alleging that the district has violated IDEA or state special education regulations. Filing a State Complaint can prompt NYSED to investigate the district's non-compliance and order corrective action.

Missing the 60-day deadline can significantly delay your child's access to needed special education services. Therefore, it is essential to track the timeline carefully and advocate for your child's rights if the district fails to meet its obligations. Document all communication with the district, including dates of phone calls, emails, and meetings. This documentation will be crucial if you need to file a State Complaint or pursue other legal remedies.

What Evaluations Are Conducted

A comprehensive special education evaluation typically involves a variety of assessments designed to provide a complete picture of your child's strengths and weaknesses. These evaluations are conducted by qualified professionals and are tailored to your child's specific needs and concerns. It's important to remember that each evaluation requires separate parental consent. The district cannot proceed with an evaluation without your explicit permission.

Here are some of the most common types of evaluations conducted as part of a special education evaluation:

• Psychoeducational Evaluation: This evaluation assesses your child's cognitive abilities, academic skills, and learning style. It typically includes standardized tests of intelligence (IQ), achievement (reading, writing, math), and information processing. The psychoeducational evaluation helps to identify any learning disabilities or cognitive impairments that may be impacting your child's academic performance.
• Speech and Language Evaluation: This evaluation assesses your 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 your child's ability to communicate effectively.
• Occupational Therapy (OT) Evaluation: This evaluation assesses your 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 organizing their belongings. An OT evaluation can also assess sensory sensitivities that may be impacting your child's behavior and learning.
• Physical Therapy (PT) Evaluation: This evaluation assesses your child's gross motor skills, balance, coordination, and mobility. It helps to identify any physical impairments that may be affecting your child's ability to move and participate in physical activities.
• Social History: A social history is not an evaluation in the traditional sense, but rather a gathering of information about your child's developmental, social, and family history. This information is typically collected through interviews with you and other family members. The social history provides valuable context for understanding your child's overall development and any potential environmental factors that may be impacting their learning.
• Classroom Observation: A classroom observation involves a qualified professional observing your child in their classroom setting. This observation helps to assess your child's behavior, attention, and interactions with peers and teachers. It can provide valuable insights into how your child functions in a typical classroom environment.
• Functional Behavioral Assessment (FBA): If your child is exhibiting challenging behaviors that are interfering with their learning or the learning of others, the district may conduct a Functional Behavioral Assessment (FBA). An FBA is a systematic process for identifying the triggers and functions of the challenging behavior. The goal of the FBA is to develop a behavior intervention plan (BIP) that addresses the underlying causes of the behavior and teaches your child more appropriate ways to respond.

Your Right to an IEE

If you disagree with the results of any evaluation conducted by NYC District 27, 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 at public expense, you must notify the district in writing that you disagree with their evaluation. Your written request should clearly state which evaluation you are disputing (e.g., the psychoeducational evaluation, the speech-language evaluation) and the reasons for your disagreement. You are not required to provide extensive details, but a brief explanation can be helpful.

Once you request an IEE, 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: The district can choose to file a due process complaint to defend the validity 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 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.

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. This ensures that your concerns are taken seriously and that your child's needs are properly assessed.

It is important to note that even if you obtain an IEE at your own expense, the results of the IEE must be considered by the Committee on Special Education (CSE). The CSE is not required to follow the recommendations of the IEE, but they must give it due consideration.

Private Evaluations: When and Why

As a parent, you have the right to obtain private evaluations for your child at any time, regardless of whether the district has conducted its own evaluations. Private evaluations can be a valuable tool for understanding your child's strengths and weaknesses, and for advocating for their needs within the special education system.

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

• To gain a more comprehensive understanding of your child's needs: The district's evaluations may not always be as thorough or detailed as you would like. A private evaluation can provide a more in-depth assessment of your child's skills and abilities. * To obtain a second opinion: If you disagree with the results of the district's evaluations, a private evaluation can provide a second opinion from an independent professional. * To support your case for special education services: A private evaluation can provide valuable evidence to support your request for special education services or a specific placement. * To inform your child's IEP: The results of a private evaluation can be used to inform the development of your child's Individualized Education Program (IEP).

Private evaluations can be presented at CSE meetings. The CSE is required to consider the information presented in a private evaluation. While the CSE is not obligated to implement all the recommendations made in a private evaluation, they must give it due consideration and explain their reasoning if they choose not to follow the recommendations.

The Carter case doctrine is relevant here. The Carter case established the principle that parents may be entitled to tuition reimbursement for private school placement if the district fails to provide a Free Appropriate Public Education (FAPE) and the private placement is appropriate. While obtaining a private evaluation does not automatically guarantee tuition reimbursement, it can strengthen your case if you later seek reimbursement for private school tuition.

What makes a private evaluation credible to a CSE? Several factors can influence the credibility of a private evaluation in the eyes of the CSE:

• The evaluator's qualifications: The evaluator should be a qualified and licensed professional with expertise in the area being assessed. * The thoroughness of the evaluation: The evaluation should be comprehensive and include a variety of assessments. * The clarity of the report: The evaluation report should be well-written, easy to understand, and clearly explain the evaluator's findings and recommendations. * The evaluator's objectivity: The evaluator should be independent and unbiased.

Before obtaining a private evaluation, it is a good idea to discuss your plans with the CSE and ask for their input on the types of evaluations that would be most helpful. You can also ask the CSE for a list of qualified independent evaluators in the area. Contact the district to confirm any specific requirements they may have for private evaluations.