What to Do If the DOE Denies Your Request
Every parent has the right to request that their child be evaluated for special education services. What happens when the DOE says no?
Your Right to Request an Evaluation
Under the Individuals with Disabilities Education Act (IDEA) and New York State law, you can request an initial evaluation for your child at any time if you believe they may have a disability that is affecting their education. You do not need a doctor's note, a teacher referral, or a specific diagnosis. Submit your request in writing and keep a copy of the request.
What the DOE Must Do
After receiving your written request, the DOE must respond with a Prior Written Notice (PWN) that either:
Agrees to evaluate your child and provides a consent form, or
Refuses to evaluate and explains the specific reasons for that refusal
Vague or general reasons are not sufficient. The DOE must give you enough information to understand the basis for the decision and to dispute it if you disagree.
If the DOE Agrees to Evaluate but Takes Too Long
Once you give written consent for an evaluation, the DOE has 60 school days to complete it and hold a CSE meeting. If that timeline passes without action, that is a violation. Document the dates. Contact the CSE in writing asking for an update.
If the DOE Refuses to Evaluate
If the DOE refuses your evaluation request, you can file for an impartial hearing and ask a hearing officer to order the evaluation.
In the meantime, you can pursue a private evaluation on your own. A private evaluation from a qualified neuropsychologist or other specialist can be valuable evidence in any subsequent proceeding.
The Independent Educational Evaluation (IEE)
Even if the DOE does evaluate your child, you have the right to disagree with the results. If you do, you can request an Independent Educational Evaluation (IEE) at public expense. The DOE must either pay for you to get a private evaluation or file for an impartial hearing to defend its own evaluation.
If you go this route, make your request in writing. Keep a record of when you sent it and who received it.
Why Evaluations Matter So Much
Evaluations are the foundation of the IEP. They determine whether your child qualifies for services, what their needs are, and what kind of program is appropriate. An inadequate evaluation can lead to an inadequate IEP.
If you are running into barriers with evaluations, do not give up. These are rights your child is entitled to.
Contact us if you want to talk through your options.
Mastrangelo & Saul | New York City Special Education Law | This content is for informational purposes only and does not constitute legal advice.