Special Education Questions

Section Four - What is the process for referring, evaluating, and placing my child into Special Education?

4. What is the process for referring, evaluating, and placing my child into Special Education?

Who can refer my child for special education services?

Teachers, school administrators, outside agencies (such as therapists or social workers), and parents can all refer a child for special education services by writing to the building principal or CSE Chairperson and requesting an evaluation for special education services. If a student is over the age of 18, the student may refer her or himself.

What are the requirements when a school refers my child for evaluation?

Before referring a student for evaluation for special education, a school must provide the child with services in the regular education environment to prevent the need for a referral. In the referral, the school must state the reasons for the referral, including any test results or reports that the referral is based on, describe all attempts to remediate the student's performance prior to referral, including supplementary aids and services provided, and describe the extent of parental involvement prior to the referral.

Does the school district need my consent to evaluate my child?

Yes; once a child is referred to be evaluated for special education, the school must get the parent’s informed, written consent before an evaluation can occur.

What happens if I do not consent to an evaluation?

You do not have to consent to an evaluation for special education. Schools will often put pressure on parents to consent, but they can not force you to do so. A school may, however, request an "impartial due process hearing," an administrative proceeding in which it must prove that there is reason to suspect that your child is in need of special education and demonstrate that it has offered your child intervention services to avoid a referral to special education. The impartial hearing officer will decide whether the CSE can evaluate your child without your consent.

Can I take back my consent once I have given it?

If you consent to an evaluation and it goes forward, you have the right to end the evaluation process by writing to the Committee on Special Education that you are withdrawing your consent. The CSE must also get your consent again each time it wants to do a new evaluation. If the CSE requests consent for another evaluation and you simply do not respond, however, the CSE is permitted to go ahead and do the evaluation.

When will my child be evaluated?

Your child must be evaluated and offered a program recommendation within 60 school days of your consent to evaluation, or within 70 school days of the referral, whichever date comes first. In New York City, if the school district fails to offer you a program within this time, it must give you a "Nickerson letter" authorizing board payment for private school.

What does an evaluation include?

An evaluation must include the following: an educational evaluation, a psychological evaluation, a social history (a history of your child’s development based largely on an interview with the parent), a physical examination, and an observation of your child in his or her current educational placement. It should also include any other evaluations needed to determine the source of your child's difficulties, including a functional behavioral assessment (FBA) if your child's behavior problems interfere with his or her learning or the learning of others.

When will a recommendation be made for my child?

Within 30 days of your consent, a team must meet with you to discuss the findings of the evaluations. At this time you and the team will decide whether your child is eligible for special education services, and if s/he is, write an Individualized Education Plan (IEP) that describes the services to be provided to your child.

Can my child be placed in special education classes without my consent?

No, a child cannot be placed in a special education class or be provided with special education services without your written consent unless the district wins an impartial hearing and the parent does not appeal the decision.

If your child is on an initial placement, the school district must request and win an impartial hearing to place your child without your consent. You may want to request a hearing yourself, however, if you do not object to special education, but want your child to receive services that are different from the ones the school district is offering.

If your child has already been found eligible and is currently receiving special education services, you should invoke your "due process rights" to ensure that the school district does not move your child. There are three ways to invoke your due process rights. The school district cannot move your child while you are doing any of these things. The first is to request another CSE meeting, sometimes called a conflict resolution meeting. During this meeting, you will try to resolve your conflict regarding your child's placement. The second is to request mediation. In mediation, you and the school district will meet with an impartial person who will see if you can reach agreement about your child's placement. The third is to request an impartial due process hearing. This is an administrative hearing in which the school district must present evidence and testimony to prove that its program recommendation is appropriate.

How frequently can my child be reevaluated?

Your child can be reevaluated as frequently as you request, but taking the same test too often may create a "practice effect" that skews the results.

Is there a certain time period after which my child must be reevaluated?

Yes, every child must be reevaluated at least once every three years. This is called a "triennial" evaluation.

What can I do if I want an independent evaluation?

You can get an independent evaluation at any time. A CSE must consider any evaluation you present in deciding on your child's educational needs, and will often agree with your evaluation if it is more thorough or evaluates an area of function they did not evaluate. If you do not want the CSE to evaluate your child at all, CSEs may choose to accept outside evaluations in place of their own. Most major hospitals have clinics that will provide a comprehensive evaluation and accept Medicaid, Child Health Insurance Plus, or a sliding scale fee. Many insurance plans also cover educational evaluations.

Will the CSE pay for an independent evaluation?

If you are dissatisfied with the CSE's evaluation, you can request that the CSE pay for an outside evaluation by writing to the CSE chairperson. The CSE must then agree to pay for the evaluation, unless it requests an impartial hearing and proves that its evaluation is adequate.

continue with Section Five, What is an Individual Education Program (IEP)?

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