Requesting a Special Education Evaluation

Step 1: Making the Referral in Writing

The first step in accessing special education services for your child in NYC District 28 is making a formal, written referral for an evaluation. This referral serves as the official starting point for the special education process and triggers specific timelines that the district must adhere to. It's crucial that this referral is in writing to create a clear record of your request and ensure accountability. While school personnel, such as teachers or counselors, can also make a referral, you, as the parent, have the right to initiate this process directly.

Your written referral should clearly articulate your concerns about your child's educational performance, development, or behavior. Be as specific as possible, providing concrete examples to illustrate your concerns. Avoid vague statements like "My child is having trouble in math." Instead, describe the specific difficulties your child is experiencing, such as "My child struggles with multi-step word problems, often misinterpreting the question or failing to apply the correct operations. They also have difficulty memorizing multiplication facts, which impacts their ability to solve problems efficiently." The more detailed your referral, the better equipped the district will be to understand your concerns and determine the appropriate evaluations.

Here's some suggested 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]. I am concerned about [Child's Name]'s progress in [Subject/Area of Concern]. Specifically, [Child's Name] is experiencing difficulties with [Describe Specific Difficulties with Examples]. For example, [Provide a specific example of the difficulty]. I believe that a comprehensive evaluation is necessary to determine if [Child's Name] has a disability that is impacting their educational performance and to identify appropriate supports and services. I look forward to hearing from you soon regarding the next steps in the evaluation process.

Sincerely,

[Your Name]

To ensure your referral reaches the appropriate individuals, send it directly to the Committee on Special Education (CSE) Chairperson for District 28. You can find the most up-to-date contact information on the New York City Department of Education website, specifically on the District 28 page, or by contacting your child's school directly. Contact the district to confirm the current CSE Chairperson's name and contact details. It's also a good practice to keep a copy of your referral for your own records. Consider sending the referral via certified mail with return receipt requested, or by email with a read receipt. This provides proof that the district received your referral, which can be valuable if any questions arise regarding the timeline of the evaluation process. Organize all communication, including copies of the referral, mailing receipts, and email correspondence, in a dedicated file.

Step 2: The District's 10-Day Response

Upon receiving your written referral for a special education evaluation, NYC District 28 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 conduct one. This 10-day timeframe is crucial, so be sure to note the date the district received your referral.

If the district decides to evaluate your child, the written notice will typically include a consent form for you to sign, authorizing the evaluations. This consent form will likely outline the specific types of evaluations the district intends to conduct, such as psychoeducational assessments, speech and language evaluations, or occupational therapy evaluations. Carefully review the consent form to ensure you understand the scope of the proposed evaluations.

If, on the other hand, the district decides not to evaluate your child, the written notice must include a clear explanation of the reasons for their refusal. This explanation must be specific and address the concerns you raised in your initial referral letter. The district cannot simply state that your child is "doing fine" without providing supporting evidence. The notice must also inform you of your rights as a parent, including your right to challenge the district's decision through various dispute resolution mechanisms, such as mediation or impartial hearings. This notification of parental rights is a standard requirement under the Individuals with Disabilities Education Act (IDEA).

It is important 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, based on the information available to them, the district does not believe that an evaluation is warranted at this time. If you disagree with the district's decision, you have the right to pursue further action.

Step 3: The 60-School-Day Clock

Once you provide signed consent for the special education evaluation, the 60-school-day clock begins ticking. This is a critical timeline established by New York State law (8 NYCRR 200.4) that governs the entire special education process, from the initial evaluation to the development of your child's Individualized Education Program (IEP). It's important to remember that this is 60 school days, not calendar days, so holidays, summer breaks, and other school closures do not count towards the deadline.

The 60-school-day timeframe encompasses several key steps: the completion of all necessary evaluations, the convening of the Committee on Special Education (CSE) meeting to discuss the evaluation results and determine your child's eligibility for special education services, and the development of the IEP, if your child is found eligible. The IEP outlines your child's specific educational needs, goals, and the services and supports that will be provided to help them succeed.

Certain circumstances can pause the 60-day clock. For example, if you, as the parent, are repeatedly unavailable to schedule or attend evaluation appointments or the CSE meeting, the district may pause the timeline until you become available. Similarly, if your child is absent from school for an extended period, the timeline may be paused. The district must document these pauses and provide you with written notification.

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 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. Document everything, including the date you provided consent, the dates of any evaluations, and the date of the CSE meeting. This documentation will be crucial if you need to file a State Complaint.

What Evaluations Are Conducted

To determine if your child has a disability that impacts their educational performance and to identify appropriate supports and services, NYC District 28 may conduct a variety of evaluations. These evaluations are designed to assess your child's strengths and weaknesses in different areas of development and learning. It's important to remember that each evaluation requires your separate, informed consent. The district cannot proceed with an evaluation without your explicit permission.

Common types of 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. The results of this evaluation can help identify learning disabilities, such as dyslexia or dysgraphia, as well as intellectual disabilities.
• Speech and Language Evaluation: This evaluation assesses your child's communication skills, including their ability to understand and use spoken language, their articulation, fluency, and voice quality. This evaluation is particularly important if you have concerns about your child's speech clarity, language comprehension, or ability to express themselves effectively.
• Occupational Therapy (OT) Evaluation: This evaluation assesses your child's fine motor skills, sensory processing abilities, and adaptive skills. It can help identify difficulties with tasks such as writing, cutting, buttoning, or managing sensory input.
• Physical Therapy (PT) Evaluation: This evaluation assesses your child's gross motor skills, balance, coordination, and mobility. It can help identify difficulties with tasks such as walking, running, jumping, or climbing stairs.
• Social History: A social worker will conduct a social history, gathering information about your child's developmental history, family background, medical history, and social-emotional functioning. This information provides valuable context for understanding your child's overall needs and challenges.
• Classroom Observation: A qualified professional may observe your child in their classroom setting to assess their behavior, interactions with peers and teachers, and their ability to participate in classroom activities. This observation can provide 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 district may conduct a Functional Behavioral Assessment (FBA). An FBA is a systematic process for identifying the triggers and maintaining factors of the behavior, as well as developing strategies for addressing it.

Your Right to an IEE

As a parent, you have the right to obtain an Independent Educational Evaluation (IEE) if you disagree with the results of any evaluation conducted by NYC District 28. This right is 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.

If you disagree with the district's evaluation, you must request an IEE in writing. Once you make this request, the district has two options: they can either pay for the IEE, or they can initiate due process proceedings to demonstrate that their evaluation was appropriate. The district cannot simply ignore your request for an IEE.

If the district chooses to pay for the IEE, they must provide you with a list of qualified evaluators who are independent of the district. You can then select an evaluator from this list to conduct the IEE. The IEE must meet the same standards as the district's evaluations.

If the district chooses to initiate due process proceedings, they must convince an impartial hearing officer that their 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.

Regardless of who pays for the IEE, the results of the IEE must be considered by the Committee on Special Education (CSE). This means that the CSE must review the IEE report and discuss its findings at the CSE meeting. While the CSE is required to consider the IEE, they are not necessarily required to follow its recommendations. The CSE will make its decisions based on all of the available information, including the district's evaluations, the IEE, and your input as a parent.

Private Evaluations: When and Why

Parents in NYC District 28 have the option of obtaining private evaluations for their children at any time, regardless of whether the district has conducted its own evaluations. Private evaluations can provide valuable insights into your child's strengths and weaknesses, and can be particularly helpful if you have concerns about the thoroughness or accuracy of the district's evaluations.

Private evaluations can be used in a variety of ways. You can share the results of the private evaluation with the CSE to inform their decision-making process. The CSE is required to consider any private evaluations you submit, but they are not obligated to follow the recommendations. The weight given to a 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 available information.

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 setting to seek tuition reimbursement from the school district if they can demonstrate that the district failed to provide a Free Appropriate Public Education (FAPE) and that the private placement is appropriate. To be successful in a Carter claim, you typically need to show that the district's proposed IEP was inadequate and that the private school program is designed to meet your child's unique needs.

To ensure that a private evaluation is credible and influential at a CSE meeting, 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 comprehensive report that clearly outlines your child's strengths, weaknesses, and recommendations for intervention. The report should also be written in clear, concise language that is easily understood by parents and educators. Furthermore, the evaluator should be willing to attend the CSE meeting to present their findings and answer questions from the committee members.