2026.07.2026Special Ed Process & KYR Guide

The Special Education Process and the Rights of Parents and Guardians

What Is Special Education?

Special education is designed to provide free instruction and services to help students have similar educational benefits as students without a disability, and prepare them for future education, employment, and independent living. Both federal and state law provide special protections to students and parents or guardians to make sure a student receives a Free Appropriate Public Education (FAPE).

What is a Free Appropriate Public Education (FAPE)?

A student who is eligible for special education services must be given appropriate services and supports tailored to the student’s unique needs to help them make progress at school at no cost to their parents or guardians.

Do Parents And Guardians Have The Right To Be Active Participants In Their Student’s Special Education?

YES. Parents and guardians are required members of a student’s education planning team, known as the Committee on Special Education (CSE). By participating at CSE meetings and knowing your rights related to your student's education, parents or guardians can make sure their student’s needs are met and their rights are protected.

The Special Education Process Do Parents and Guardians Have The Right To Request Special Education Services?

YES. A parent or guardian may ask the school district to evaluate their student for special education at any time.

How Does A Parent Request Special Education Services?

A parent or guardian must make a request for special education in writing.

This is called a referral for special education.

The referral must include:

1.

The student’s name and date of birth.

2. The reasons you are seeking special education services.

For example, the student may have been diagnosed with a disability, or the student is struggling to make progress in school due to academic, physical, emotional, social, and/or behavioral challenges or learning differences. It is important to share all concerns about the student to make sure the student is evaluated in all areas of struggle.

IMPORTANT! The request must be in writing! A district’s duty to evaluate a student for special education is only triggered by a written request. Talking to someone at the school is not enough. A sample letter requesting special education services is at the end of this document.

What Happens After A Request For Special Education Is Made?

When the school district receives a written request for special education, the student will be evaluated by the district to determine if the student is eligible for special education services.

There is no cost to the parents or guardians for the evaluation.

What are the Roles of Parents and Guardians and the District in the Evaluation Process?

As soon as the district receives the written referral, it must immediately provide the parent with information about the evaluation it intends to conduct and request the parent’s written consent to conduct the evaluation.

Parents and guardians have the right to provide or refuse consent to an evaluation. However, if the parent refuses consent, the district will not evaluate, and the student will not be considered for special education services.

Parents and guardians have the right to ask questions and provide input about the evaluations the district plans to conduct.

By law, an evaluation must generally include at least the following:

1.

A psychoeducational evaluation, which is a comprehensive, one-on-one assessment conducted by a trained professional (usually a school psychologist), looks at a student’s academic and cognitive skills, such as memory, processing speed, and reasoning.

2. A physical examination by the student’s doctor or the district’s doctor.

3. A social history that provides information on the student’s development, health, and family history.

of the student at school, preferably in locations where the student 4. Observations is struggling, such as the classroom, cafeteria, or playground. assessments based on the concerns the parent has shared, such as 5. Other struggles with speech and language, physical needs, behavior, social skills,

reading, writing, attention and focus, and any other area of suspected disability.

If the evaluation proposed by the district does not address all the concerns raised in the request for special education, the parents or guardians may request additional assessments that target those concerns.

Once the written consent is provided to the district, the district has 60 days to complete an initial evaluation of the student.

IMPORTANT! The 60-day time frame does not start to run until written consent is provided. Parents and guardians should sign and return the form as soon as possible.

Do Parents and Guardians Have the Right to Review the Results of the Evaluation?

YES. Parents and guardians have the right to review the results of the evaluations conducted by the district.

The results of the evaluation must be provided in the language the parents and guardians speak or by another form of communication that the parents or guardians can understand.

The results of the evaluation are typically explained at a meeting that includes parents or guardians and district staff.

Parents and guardians have the right to request copies of the evaluation reports before meeting with the school district. It is best to make this request in writing.

What If the Parent or Guardian Disagrees with the Evaluation or Evaluation Results?

If a parent or guardian disagrees with the district’s evaluation, they have the right to request an Independent Educational Evaluation (IEE). For more information on IEEs, see the section on Resolving Special Education Disagreements with the School District later in this document.

What Happens After the Evaluation?

After the evaluation is completed, the district must promptly schedule a meeting to discuss the student’s eligibility for special education services. This is typically called a Committee on Special Education (CSE) meeting.

Are Parents and Guardians Part of the Committee on Special Education (CSE)?

YES. By law, parents and guardians are required members of a CSE and have the right to meaningfully participate in CSE meetings.

In addition to the parents, the members of the Committee on Special Education (CSE) must include:

1.

A district representative, usually called the CSE Chair.

2. A general education teacher.

3. A special education teacher.

A school psychologist, or another professional who can explain the results of

4. the evaluation.

other individual with knowledge or special expertise about the student, 5. Any such as a speech pathologist, occupational, or physical therapist.

6. A Parent Member, if requested by the parents or guardians.

A Parent Member is a volunteer parent of a student with a disability who can help the parents or guardians understand the special education process and ensure the parents or guardians are able to ask questions and participate in the CSE meeting. A Parent Representative is not an advocate for the parent, student, or district.

How Does a Parent or Guardian Know When the CSE Meeting will be Held?

Whenever a CSE meeting is held, the district must notify the parents or guardians at least five school days before the meeting. The meeting notice must be on a mandatory form created by the New York State Education Department. The meeting notice form must be provided in the language the parents or guardians speak, or by another form of communication that the parents or guardians can understand.

The meeting notice must include:

1.

The date, time and location of the meeting.

2. The name and title of each person attending the meeting.

3. The specific purpose of the meeting.

4. The right of the parent or guardian to request a Parent Member.

NOTE: The request for a Parent Member must be made in writing at least 3 days before the meeting. right to invite other people who have knowledge or special expertise 5. The about the student, including an advocate, care coordinator, health provider, or other person.

Before the meeting, parents or guardians should notify the district in writing of the name of a person they intend to bring to the meeting.

6. The right to participate in discussions and decisions.

7. The right to request a different date, time, or location for the meeting.

8. The right to participate by phone or video if you want to participate but cannot attend in person.

IMPORTANT! If the parent or guardian’s primary language is not English and they require an interpreter, the district must provide one free of cost.

What Happens at the Committee on Special Education (CSE) Meeting?

The purpose of the initial CSE meeting after a parent or guardian has requested special education services is to decide if the student is eligible for special education services. The CSE team will talk about the results of the evaluation, parent input, teacher recommendations, and input and observations from members of the CSE team, as well as the student’s physical condition, social or cultural background, and adaptive behavior.

Based on the evaluation results and input from the parents or guardians and other members of the CSE who know the student, the CSE will decide whether the student is eligible to receive special education programs or services.

To be eligible for special education programs or services, a student must be identified as having a disability because of mental, physical, or emotional reasons that affect their ability to learn.

There is a two-step process to make this decision:

1.

First, the CSE must determine if the student falls into one of the following classifications.

There are 13 types of disability, called classifications. The student must fall into one of these classifications:

AUTISM

DEAF-BLINDNESS

DEAFNESS

INTELLECTUAL DISABILITY

HEARING IMPAIRMENT

LEARNING DISABILITY

EMOTIONAL DISABILITY

MULTIPLE DISABILITIES

ORTHOPEDIC IMPAIRMENT

TRAUMATIC BRAIN INJURY

SPEECH/LANGUAGE IMPAIRMENT

VISUAL IMPAIRMENT

OTHER IMPAIRMENT This often includes students with Attention Deficit Hyperactivity Disorder (ADHD)

if the student has a disability, the CSE must then decide if the student 2. Second, needs special education and services to benefit from education. A student will only be eligible for special education if the student has a disability and that disability significantly interferes with the student’s ability to learn or participate in school.

Can A Student Be “Too Smart” For Special Education?

NO. Whether a student needs special education services is based on their academic, social, and physical needs and whether those needs interfere with their ability to learn. If a student gets good grades or the evaluation shows the student has strong cognitive ability, the student can still be eligible for special education if they have other education-related needs. For example, a student may have good grades but can’t follow routines or school rules, is unable to interact with peers appropriately, or is unable to physically write. If these challenges are related to the student’s disability, the student may be eligible for special education and/or related services.

What Happens if a Student is NOT Eligible for Special Education Services?

If the CSE decides that a student is not eligible for special education services or programs, the CSE must provide the parent or guardian with written notice giving the reasons why the student is ineligible.

If the student is of school-age (5-21) the CSE must:

1.

Send information to the principal of the student’s school. The principal will be able to work with professionals in the school or with the student’s current teacher, the reading teacher, the guidance counselor, or another specialist to help the student; and

making a referral under Section 504 of the Rehabilitation Act of 2. Consider 1973 (a Federal civil rights law) to decide if the student should have

accommodations. If a parent or guardian disagrees with the decision of the Committee, they have several options, which are detailed in the Due Process Section.

What Happens if a Student IS Eligible For Special Education Services?

If the CSE decides the student is eligible for special education services, the CSE, including the parents or guardians, will create an Individualized Education Program (IEP).

What Is An Individualized Education Program (IEP)?

An Individualized Education Program (IEP) is a written plan that identifies a student’s unique needs and how the school will address those needs. The IEP must be based on the student’s individual needs and respond to the areas of concern identified by the student’s evaluation.

How Is An Individualized Education Plan (IEP) Developed?

An IEP is created in a Committee on Special Education (CSE) meeting on a form developed by the New York State Education Department. The IEP has several parts that are described below.

When creating the IEP, the CSE must keep the following in mind:

1.

The student’s needs and strengths;

2. The parent or guardian’s concerns for their student’s education; 3. The results of the student’s evaluation; 4. The results of any State or district-wide tests or assessments; and 5. Any unique needs related to the student’s disability (such as communication needs, behavior, etc.)

All members of the CSE, including parents or guardians should talk about each part of an IEP and it is best to do so in the following order:

1.

The student’s classification based on one of the 13 types of disability categories described above.

student’s present level of performance in school, which includes the 2. The student’s strengths and weaknesses in these areas: Academic Performance and Learning Characteristics.

Social Development, including the student’s relationship with peers and adults, feelings about self, and adjustment to school.

Physical Development, including motor and sensory development, health, vitality, and physical skills or limitations that affect the learning process.

Management needs, such as environmental or assistive technology needs.

Special Considerations, such as behavior and communication needs.

3.

Annual goals for the student in areas of weakness discussed in the prior step.

Annual goals must be measurable annual goals so that the student’s progress can be monitored and tracked.

special education services and supports needed to ensure the student 4. The meets their annual goals. These services must be individualized based on the student’s unique needs.

IMPORTANT! Services and supports must be tailored to the unique needs of the student and must meet all their needs to make progress toward annual goals.

A district cannot use one-size-fits-all services and programs based on disability.

A district cannot claim it “does not provide” services required by the student or that it lacks funding or staff for needed services. student’s educational placement, where special education services will be 5. The provided (location and placement). The location and placement of the services must be in the least restrictive environment.

Least Restrictive Environment (LRE) means students are entitled to receive special education services with students without disabilities as much as possible.

Scan this code for more information on the appropriate way to develop an IEP for the Guide to Quality IEP Development and Implementation from the New York State Department of Education

What Happens After the Individualized Education Program is Developed?

The district must take action after the IEP is developed, including:

1.

Provide the parents or guardians with Prior Written Notice. Prior Written Notice is a form that the district must promptly send every time it creates or changes an IEP or takes another action that affects the student’s special education program. The notice must provide the following information: A description of the action proposed/refused by the district; An explanation of why the district is proposing/refusing to take action; A description of any other options the district considered and the reasons why they decided not to choose those options; A description of each evaluation procedure, test, record, or report the district used to help them decide about the proposed/refused action; A description of other facts and details that helped the district make their decision; A description of the student and parents’ rights.

Sources to help parents and guardians understand their rights.

2.

The district must provide the special education programs and services on the student’s IEP within 30 days.

3.

Provide the parents or guardians with a copy of the student’s IEP free of charge.

4.

Provide the IEP to teachers and school staff who will be responsible for providing the services on the IEP. Each teacher and service provider must be informed about their specific responsibilities to implement the IEP and specific accommodations, modifications, and supports that must be provided to the student.

Is the Consent of the Parent or Guardian Required for Special Education Services?

YES. The District must obtain consent from a parent or guardian before it provides the special education services listed on the IEP for the first time. Parents or guardians sign and return the consent form as soon as possible.

What if a Parent or Guardian Disagrees with the Individualized Education Program (IEP)?

Parents or guardians may disagree with some or all parts of the IEP, including the description of the student’s needs, the annual goals, and the recommended services and placement. For more information on informal and legal actions parents or guardians can take to resolve disagreements with the district, see the section below on Resolving Special Education Disagreements with the School District.

What Happens After the Individualized Education Program is Implemented?

After the student begins to receive special education services, the district must:

1.

Provide parents with IEP progress reports throughout the school year. This is called Progress Monitoring.

a Committee on Special Education (CSE) meeting at least once each year.

2. Hold This is often called an “Annual Review Meeting.”The purpose of the meeting is to review the IEP and update the information on the student’s needs, review progress towards annual goals, create annual goals for the year ahead, and review and change the student’s services to ensure they are making progress.

3. Listen and respond to concerns of the parents or guardians, including holding a

CSE meeting to discuss concerns, adding or changing the student’s services, supports, or placement, conducting new evaluations, training or re-training school staff working with the student, and other actions to ensure the student is making progress at school.

IMPORTANT! Parents or guardians have the right to request a CSE meeting at any time. The request should be in writing. least every three years, conduct a thorough re-evaluation in all areas of 4. At known or suspected disability.

Special Education Process Overview

Referral

Evaluation

CSE Team Meeting

CSE Decides Eligibility

Create IEP

IEP Review

Parents or guardians can make a referral at any time and can request again at a later date if the student was found ineligible in the past.

Referrals must be made in writing, requesting an evaluation and describe the problems the student is having.

Parents or guardians must first consent to evaluation - the school district should give you the consent form soon after a referral.

Within 60 days of the date of consent, the district must evaluate the student in all areas of suspected disability and meet to discuss eligibility.

Meeting of the Committee on Special Education (CSE). Required members of the CSE include: the parent(s) or guardian(s), general education teacher, special education teacher, school psychologist, special education administrator, and any other individual with knowledge or special expertise about the student. Parents or guardians may bring an advocate.

You are entitled to at least five days' notice before the meeting.

Does the student have a disability that affects their learning AND Does the student need Special Education services?

If the answer to both questions is yes, continue to the next step; if no, the student may be eligible for accommodations under a 504 Plan.

CSE develops an Individual Education Program (IEP) that documents the student’s academic, social, physical, and emotional needs, measurable goals, and services and supports the school will provide to meet those needs.

Must be created within 30 days of the CSE finding the student eligible.

The CSE team must review and update the student’s IEP at least once every school year.

Students must be reevaluated at least every three years.

Reevaluation Reevaluation includes a comprehensive evaluation of the student, just like when they were initially evaluated for special education.

Resolving Special Education Concerns and Disagreements with the School District Do Parents and Guardians Have the Right to Disagree with District Decisions and Actions in the Special Education Process?

YES. When parents or guardians disagree with a decision or action made by the school district about special education for a student, there are several informal and formal actions they can take to find a resolution and enforce their rights.

What are Some Informal Ways to Address Concerns and Enforce Parent and Student Rights?

Informal Conference Parents or guardians should share concerns with the student’s teacher or the chairperson of the Committee on Special Education (CSE). It is important to do this in writing. Try to be specific and give an example if you can. Request an opportunity to talk about how the problem can be resolved. Follow up with an email, note, or text about what you and the district agreed to (or did not agree to) so that you have a written record of your efforts to resolve the problem.

Request a Meeting of the Committee on Special Education (CSE) Parents/guardians can ask for a CSE meeting in writing at any time to talk about their concerns about their student’s education.

Contact the Special Education Quality Assurance (SEQA) SEQA is an office within the New York State Education Department that assists parents or guardians who have special education questions and complaints. SEQA has Regional Associates throughout the state. You can call SEQA at (518) 486-6366 or email seqa@nysed.gov.

If the district is unresponsive, you may want to seek help from an advocate and/or consider more formal action.

What are the Formal Options or Steps Parents or Guardians can take to Resolve Concerns and Disagreements?

Both federal and state law provide specific ways parents and guardians can address concerns and enforce special education rights.

Independent Educational Evaluation (IEE) An IEE is an evaluation by a professional who does not work for the school district.

The district must pay for the cost of an IEE. A parent or guardian may request an IEE if they disagree with the process, results, or recommendations of an evaluation conducted by the district.

To get an IEE, a parent or guardian must request an IEE in writing. The request must state that the parent or guardian disagrees with the district’s evaluation and wants the district to pay for an IEE. The school district can ask why the parent or guardian disagrees with the evaluation, but the parent or guardian is not required to explain.

When a parent or guardian requests an IEE, the district must promptly respond.

The district may either: Agree to pay for the IEE; or Initiate an impartial due process hearing (see below) so that the district can show that its evaluation is appropriate.

IMPORTANT! These are the ONLY two options the district has in response to a request for an IEE. If the district does nothing or responds in a different way, a parent or guardian should contact the Special Education Quality Assurance Office at the New York State Education Department (see above).

Mediation Mediation is a free, voluntary, and confidential process with a qualified, impartial, trained mediator to discuss concerns or conflicts. Mediation is a quick and effective way to share and address concerns. Special education mediation is provided by the Special Education Dispute Resolution Center (SEDRC).

To request mediation, parents or guardians should contact the chairperson of the Committee on Special Education (CSE) for the district. The request should be in writing. Another option, or for help making a request, contact the Special Education Dispute Resolution Center (SEDRC) by phone at 1-855-RESOLVE (1855-737-6583) or by email at info@osedisputeresolution.org.

A trained, independent mediator will work with the parents or guardians and the district to resolve concerns.

Discussions during mediation sessions are confidential.

If the parent/guardian and the district reach an agreement during mediation, the mediator will help them create a legally binding written document that states what the participants agreed to and that all discussions that happened during the mediation process are confidential.

Complaints to the New York State Education Department Parents or guardians can make a written complaint with the New York State Education Department (NYSED) if there is a belief that the district has violated a student’s special education rights. NYSED will investigate the complaint and determine if the district was wrong. Complaints must be made in writing, either on the form provided by NYSED or a letter that includes all the required information.

Complaints must be filed within one year of the action(s) at issue.

A copy of the complaint must be forwarded to the school district.

Within 60 days, NYSED will issue a written decision addressing each allegation made in the complaint.

If the district’s action was found wrong, NYSED can order the district to correct any wrongdoing and provide make-up services (called “compensatory education”) if the wrongdoing caused the student to miss out on special education services.

An attorney is not needed to file a complaint.

Impartial Due Process Hearing An impartial due process hearing is a formal legal process where parents or guardians and the school district share their disagreement with an Impartial Hearing Officer who acts like a judge and makes a decision based on evidence and witness testimony presented at the hearing.

Parents/guardians can request an impartial hearing in writing any time they disagree with a decision or action of the school district related to a student’s special education needs.

The request for an impartial hearing, known as a Due Process Complaint, must be made in writing and mailed to the Board of Education of the student’s school district.

Complaints must be filed within two years of the action(s) at issue.

Within two days of receiving the Due Process Complaint Notice, the school district must request that an impartial hearing officer be appointed to hear the dispute. The district does not get to choose the hearing officer.

The district must also arrange a “resolution session” which is a meeting between the parent or guardian and an administrator of the school district to try to settle the issues raised in the Due Process Complaint Notice.

The resolution session must happen within 15 days of when the school district receives the Due Process Complaint Notice.

If the parent or guardian and the district cannot agree to a resolution within 30 days of when the Due Process Complaint Notice was filed, the hearing must start.

Due process hearings are free to parents and guardians. However, because it is a formal administrative hearing with specific rules and timelines, parents or guardians should seriously consider finding an experienced advocate or lawyer to assist them.

Parents or guardians are responsible for paying the costs of a lawyer or advocate, but if the parents win on some or all of their claims, the district may be required to pay all or some of the parents’ lawyer’s fees; this does not apply to advocate fees. If the parent or guardian loses on all claims, they do not have to pay for the district’s lawyer unless the claims were completely without any justification.

If a parent or guardian files a Due Process Complaint at the same time as a NYSED complaint, NYSED will stop investigating until the Due Process Complaint has concluded.

Sample Letter Requesting an Evaluation for Special Education Services Date: Name of Special Education Director Name of School District Address of School City, State, Zip Code Dear (Special Education Director): I am the parent of (Student’s name), date of birth (XX/XX/XXXX), who is a student in (X) grade at (Name of school). I believe that (Student’s name) might have a disability that is affecting their ability to learn. I am writing to request that my child be evaluated for special education services. Some of the things that make me think (Student Name) may need special education are: (List the things you are seeing – some examples include such as poor grades despite good effort; can’t hold a pencil well; parent is called to pick up the student during the school day due to behavior; can’t get along with schoolmates; student struggles to read, write, or do math, can’t communicate, see, or hear well; is afraid to go to school, and any other concerns) Please consider this letter my informed consent to evaluate (Student Name) for special education needs and services in all areas of suspected disability. However, if you require a separate consent form, please provide it to me immediately. I would like the evaluations as quickly as possible. You can send information to (your email address that you check regularly) or call me (daytime phone number) to arrange times and places (on X days of the week, between X time if you have scheduling requirements).

Finally, please send me a copy of all written evaluations at least three days before the Committee on Special Education (CSE) meeting so I can review them.

Thank you for giving this request for evaluations your immediate attention. I will work with you to address and achieve (student’s name)’s educational goals.

Sincerely, Signature Your Name Phone Number Email address

Common Terms & Abbreviations in Special Education BIP

Behavioral Intervention Plan

CPSE

Committee on Preschool Special Education

CSE

Committee on Special Education

DOE

Department of Education

FAPE

Free Appropriate Public Education

FBA

Functional Behavioral Assessment

IDEA

Individuals with Disabilities Education Act

IHO

Impartial Hearing Officer

IEE

Independent Educational Evaluation

IEP

Individualized Education Program

IAES

Interim Alternative Education Setting

OCR

Office of Civil Rights

OT

Occupational Therapy

PT

Physical Therapy

RTI

Response to Intervention

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