Spectrum Arch, Inc.If you think your child may need special education, you don't have to wait for the school to bring it up. In New York, a parent can start the process with a simple written request, and the law sets deadlines for what happens next.
Step 1: Put it in writing
Send a dated letter or email to the chairperson of your district's Committee on Special Education (CSE), or the Committee on Preschool Special Education (CPSE) if your child is 3 to 5. Keep a copy. A short request is enough:
"I am writing to refer my child, [name], date of birth [date], grade [grade], at [school], for an initial evaluation for special education services. I am concerned about [brief description]. Please send me the consent form and information about the evaluation."
Step 2: The district responds
Within 10 school days of your referral, the district must either send you a consent form for the evaluation, or give you prior written notice explaining why it won't evaluate.
Step 3: You sign consent
Nothing can be tested until you give written consent. The 60-day clock starts the day the district receives your signed consent, not the day you made the referral, so return it promptly and note the date.
Step 4: The evaluation
An initial evaluation in New York includes, at a minimum, a social history, a physical examination, a psychological or psychoeducational evaluation, and an observation of your child in their learning environment, plus other assessments where needed (such as speech or occupational therapy).
It must be completed within 60 calendar days of consent, unless you agree to an extension.
Step 5: The eligibility meeting
The CSE meets with you to review the results and decide whether your child is eligible. If so, an IEP is developed. Ask for copies of the reports before the meeting so you have time to read them. Our guide to preparing for a CSE meeting can help.
If you disagree
You have the right to disagree with the evaluation or the decision, and New York offers mediation, State complaints, and impartial hearings. See resolving special education disagreements in New York.
Sources: NYSED, Section 200.4 Procedures for Referral, Evaluation, IEP Development; INCLUDEnyc, Special Education Initial Steps Timeline.