Special Education Questions

Section Six - What should I do if I disagree with the CSE’s recommendation for my child’s placement?

How do I protest the recommended placement of my child?

If you disagree with the CSE's recommendation, you should put in writing that you reject their recommendation and do one of the following. Remember, however, that whenever you refuse to consent, however, the CSE may request an impartial hearing to get the hearing officer to override your lack of consent. If you take any of these steps, it may be useful to obtain additional evaluations or letters from other people that serve your child to support your recommendations:

1. If it is an initial placement (your child has never before received special education services) you can request that the CSE close your child's case. If the CSE agrees, your child will then not receive any services. The CSE may, however, request an impartial hearing to override your lack of consent.
   
2. Request a new CSE review meeting (sometimes called a conflict resolution meeting) to ask for a more appropriate program for your child.
   
3. If you agree with the recommendation, but do not want the particular class you have been offered (for example, because the teacher did not seem to have control of the classroom) you can ask the CSE to offer you another site. They may not offer you another site, however, if they have no more sites available.
   
4. Request an impartial due process hearing. (See the NYSED website's information on Request for Due Process Proceedings.) This is an administrative hearing (i.e., a less formal proceeding before a hearing officer instead of a judge) in which the school district must prove that its recommendation is appropriate. At these hearings, you should be prepared to present evidence and witnesses showing why the recommendation is not appropriate for your child. You have the right to subpoena evidence and witnesses for the hearing. You have the right to be represented by an attorney or advocate at your hearing. The school district should provide you with a list of free or low cost firms that may represent you at these hearings. The hearing officer will consider the evidence and the law and make a decision as to whether the CSE's proposal is appropriate. If you disagree with the decision, you can appeal to a state administrative review board or to court.
5. Request mediation. In mediation, an impartial mediator will meet with you and the school district at a neutral site to help you negotiate your differences. Every thing that is said during mediation is confidential, except for any agreement between you and the school district. If you can reach an agreement, that agreement has the force of a hearing officer's decision. If you cannot reach an agreement, you can request an impartial hearing.
6. If you do not believe that the public school system has an appropriate placement for your child, you can remove your child to a private school setting. Usually this cost is initially borne by the family; please see AFC's section on private schools for more information.

continue with Section Seven, What is "Least Restrictive Environment"?

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