Special education referrals
Federal law mandates that the New York City Department of Education (NYC DOE) identify, locate, and evaluate all children with disabilities, as well as those suspected of having a disability, who reside in New York City.
This responsibility is comprehensive and applies to all children, including:
- Highly mobile children
- Migrant children
- Homeless children
- Children who attend private schools
- Children who receive passing grades and are "advancing from grade to grade."
This obligation, known as "child find," is a critical duty that extends to all professional staff members within the DOE. It ensures that every child who may need special education services is recognized and provided with appropriate support, regardless of their circumstances or current academic performance.
Initiating an evaluation
The evaluation process to determine whether a student has a disability and requires special education services can be initiated by specific individuals or representatives. The following guidelines outline who may initiate an evaluation and the procedures involved:
Who can initiate an evaluation?
- Parents: Parents have the right to initiate an evaluation if they suspect their child has a disability.
- School district designees: This includes the principal and other designated school district representatives.
- Representatives of certain public agencies and educational programs: These representatives can also initiate the evaluation process if they believe a student may need special education services.
Request by school staff
Professional school staff members, such as teachers, can request that the principal or another designee refer a student for an initial evaluation if they suspect the student may have a disability.
Role of the principal
- While a principal cannot block a referral initiated by a parent, they may convene a meeting with the parent (and the student, if appropriate) to discuss whether the student's needs could be met within general education through additional supports and services.
- This meeting allows for collaboration between the school and the parent to explore all possible avenues before proceeding with a formal evaluation.
Requests for Referral from Professional Staff Members
When a professional member of the school staff, such as a teacher, suspects that a student may have a disability, they can initiate a request for the student to be evaluated.
The following procedures must be followed:
Submission of request: The request is made by submitting the Request for Initial Referral Form in SESIS to the principal. This form must be completed with detailed information to ensure that the request is processed properly.
- Reasons for referral: The staff member must clearly explain the reasons for requesting the referral, including any specific concerns about the student's academic or behavioral performance.
- Supporting documentation: The request must include any test results, records, or reports that support the need for an evaluation.
- Intervention services: The staff member must describe any intervention services, programs, or instructional methodologies that have been used to address the student’s difficulties before making the referral. This includes any supplementary aids or support services provided. If no interventions were attempted, the reasons must be explained.
- Parental involvement: The request must also document the extent of parental contact or involvement prior to the referral request.
Principal's response: Within 10 school days of receiving a Request for Initial Referral, the principal must take one of the following actions:
- Agree with the request: If the principal agrees with the request, they must proceed with making an initial referral for evaluation.
- Disagree with the request: If the principal does not agree with the request, they must:
- Provide the parent with prior written notice (PWN) indicating the refusal to initiate an evaluation.
- Give the parent a copy of the Request for Initial Referral.
- Inform the parent of their right to refer the student themselves.
- Offer the parent an opportunity to discuss the referral request, including the availability of general education support services, with the principal and the professional staff member who initiated the referral.
Initial referrals by parents
Parents have the right to refer their child for a special education evaluation if they believe their child may have a disability. Here’s how the process works:
Methods of referral:
- Written referral: Parents can initiate the referral by writing directly to the student's DOE school or the Committee on Special Education (CSE) Office. This written communication serves as the formal request for an evaluation.
- Oral request: Parents can also make an oral request, either by phone or in person, to a professional member of the school staff. When this occurs, the professional staff member must assist the parent promptly in creating a formal written referral document.
- Non-professional staff involvement: If a parent makes the request to a non-professional school staff member, that staff member is responsible for connecting the parent with a professional staff member who can assist in completing the referral document.
Processing the referral:
- Date stamping: When a professional school staff member receives a referral, it is crucial that the document is date stamped by the school on the date it is received. This ensures that there is a clear record of when the referral was made.
- Opening the case in SESIS: After the referral is received and date stamped, the staff member must immediately open the case in the Special Education Student Information System (SESIS). If the staff member receiving the referral cannot open the case in SESIS, they should promptly bring the referral to a professional colleague, typically the school psychologist or social worker, who can do so.
Alternatives to special education (Post-referral services)
When a student is referred for a special education evaluation, the school may explore alternative strategies and general education interventions that could support the student without the need for special education services. This process occurs simultaneously with the referral process, including adherence to timelines.
Here's how this process works:
Initiating the discussion:
- Once a referral has been made, the principal may request a meeting with the parent, the student, at least one of the student’s general education teachers and other school professionals familiar with the student to discuss whether the student could benefit from alternative strategies and general education interventions that are available in the school but have not yet been attempted.
- It is essential that the parent is not discouraged from proceeding with the referral. The option to explore alternatives should be presented as a supportive measure, not as a replacement for the referral process.
- If the parent accepts the offer, the meeting must take place within ten (10) school days of the school receiving the referral. This ensures that the process moves forward without unnecessary delays.
- If the parent rejects the offer or does not respond, the referral is processed according to timelines. As appropriate, the school implements general education interventions while the evaluation proceeds.
Developing an Agreement: If the parent and the school administration agree to try alternative strategies, a written agreement is developed.
This agreement should include:
- General education support services: A detailed description of the additional interventions and/or support services that will be provided.
- Instructional strategies: the specific instructional strategies that will be used to support the student.
- Data collection: A plan for tracking the student’s progress, including the types of data that will be collected.
- Program duration: The proposed duration of the program, outlining how long the alternative strategies will be implemented before reviewing their effectiveness.
- Agreement to withdraw the initial referral: The parent and principal sign the Parent/Principal Written Agreement to Withdraw and Initial Referral form.
A copy of this agreement is provided to the parent, the Committee on Special Education (CSE), the professional staff member who requested the referral, and the student, if appropriate. 4
- SESIS events log: The meeting must be documented in the SESIS Events Log, ensuring that there is a record of the discussion and the decisions made.
- Entering the agreement: The written agreement must also be entered into SESIS to maintain a comprehensive record of the student's support plan.
IEP Team Responsibilities: The scheduling of this meeting does not change the responsibilities of the IEP team regarding the referral. The IEP team must continue with the referral process, including obtaining parental consent for the evaluation. The exploration of alternatives is an additional step, not a substitute for the required evaluation process.
Governing laws and regulations
- Federal Law: 20 U.S.C. § 1412(a)(3) (Child Find); 20 U.S.C. §1414(a) (Referral)
- Federal Regulations: 34 C.F.R § 300.111(Child Find); 34 C.F.R § 300.301(b) (Referral)
- State Regulations: 8 NYCRR § 200.2(a) (Child Find); 8 NYCRR § 200.4(a) (Referral)
Federal and state guidance
- OSEP Memorandum 11-07, A Response to Intervention (RTI) Process Cannot Be Used to Delay-Deny an Evaluation for Eligibility under the Individuals with Disabilities Education Act (IDEA)
- State Memorandum, A Response to Intervention (RTI) Process Cannot Be Used to Delay-Deny an Evaluation for Eligibility under the Individuals with Disabilities Education Act (IDEA) May 2011