How to Request a Special Education Evaluation in New York
In New York, a parent starts the special education process by sending a written referral to the school district's Committee on Special Education (CSE) chairperson or the school building administrator (8 NYCRR 200.4(a)). From there, two different clocks run — and they are commonly confused: the evaluation must be completed within 60 calendar days of your consent (200.4(b)(1)), but the board of education must arrange the recommended services within 60 school days of that same consent (200.4(e)(1)). School-day clocks pause over breaks and summer; calendar-day clocks don't.
Here's how to run the process — and protect both clocks.
Step 1: The written referral
As a parent, you can refer your child for an initial evaluation directly — no teacher or doctor needs to agree first. Put it in writing to the CSE chairperson (addressing it to the principal also works: a building administrator who receives a referral must forward it to the CSE chairperson "immediately"). One sentence:
"I am referring my child for an initial special education evaluation under 8 NYCRR 200.4. Please treat this as my written referral and send me a consent form."
Date it and keep proof of delivery. The federal Child Find duty backs you up here: schools have an affirmative obligation to identify children who may have disabilities — including children with passing grades (34 CFR 300.111(c)).
For children ages 3-5, the same process runs through the Committee on Preschool Special Education (CPSE) instead, with its own timelines (8 NYCRR 200.16).
One maneuver to be ready for: within 10 school days of receiving a referral request, the building administrator may ask to meet with you about general-education supports instead. You can agree in writing to withdraw the referral — but you cannot be required to. If you want the evaluation, say so and keep the referral standing.
Step 2: Consent, then the two 60-clocks
After your referral, the district seeks your written consent to evaluate. Once the district receives consent, both clocks start:
| Clock | Length | Citation | What it covers |
|---|---|---|---|
| Evaluation completion | 60 calendar days | 200.4(b)(1) | All initial testing done |
| Services arranged | 60 school days | 200.4(e)(1) | Evaluation + CSE meeting + IEP + services actually starting |
The second clock is the easier one to miss — it requires the entire pipeline (evaluation, eligibility meeting, IEP development, and the start of services) to fit within 60 school days of consent for an initial referral. And because it's a school-day clock, it pauses over breaks and summer: consent signed in May can lawfully push the start of services into late fall. If timing matters, get your referral and consent in early in the spring semester — and note that the regulation allows no delay while the district sorts out funding.
Step 3: The CSE meeting and eligibility
The CSE — which includes you as a full member — reviews the evaluation and decides eligibility. After the meeting you're entitled to prior written notice of whatever the committee recommends (or declines to recommend), in your native language unless that's clearly not feasible (8 NYCRR 200.5(a)).
If the district refuses or stalls
A refusal to evaluate is a "proposal or refusal" that triggers prior written notice on the state's prescribed form: what was refused, why, and what information the district relied on (8 NYCRR 200.5(a)). Ask for it explicitly if you get a verbal no. Then your escalation options:
- State complaint to NYSED — written, signed complaint; 1-year lookback from the date NYSED receives it; decision within 60 calendar days (8 NYCRR 200.5(l)). Mail time eats the window — file early.
- Mediation — free, voluntary, run through Community Dispute Resolution Centers (200.5(h)).
- Impartial hearing (due process) — 2-year window from when you knew or should have known (200.5(j)). New York is two-tier: an Impartial Hearing Officer decides first, appealable to a State Review Officer, then to court.
The NYC layer
If your child attends a NYC district public school, the IEP process runs through the school-based IEP team. The numbered regional CSE offices handle students in charter, private, parochial, and home-school settings. Two NYC-specific notes: if your child is parentally placed in a nonpublic school and you want equitable services (an IESP), the written request deadline is June 1 for the following school year; and for any nonpublic or charter situation, route your referral to your regional CSE office (the NYC DOE's CSE page lists which office covers your district).
Get a plain-language read of your situation
Describe where things stand — or paste the district's response — and get a free plain-language read in about 2 minutes: which of the two 60-day clocks applies to your situation, and whether the district is still inside them. You can redact your child's name.
Sources
- 8 NYCRR 200.4 — referral, evaluation, IEP, placement
- 8 NYCRR 200.5 — due process procedures
- 8 NYCRR 200.16 — preschool (CPSE)
- NYC DOE — Committees on Special Education
- Related: National overview
IEP Explained provides analysis and preparation tools — you decide and you send. We are not a law firm, we do not provide legal advice or representation, and nothing on this page is legal advice for your specific situation.