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How to Ensure Your Child Receives Appropriate Treatment: Public Versus Independent Evaluations




Your child needs a special education evaluation. This is a challenging time. Whether you have a preschooler or an older child, you want to make sure your child gets the help that they need right now and in the future.


Understanding the evaluation process is the first step in knowing what to expect. Along with that, educating yourself on public school evaluations vs. independent evaluations can help you to ensure your child is receiving fair and appropriate treatment. This means knowing your child’s rights and what to do in the event that you don’t agree with the public school’s stance.


The Why’s


Why is your child undergoing an evaluation? Most likely because someone (possibly yourself or a teacher) feels that there is a developmental, behavioral or some other diagnosable issue going on. The evaluation serves more than just one purpose. It identifies problems that require some sort of help or assistance. And, it informs the school that your child is eligible for special education services. Whether these services help promote reading, math, speech and language abilities, fine motor skills or some other domain, keep in mind that your child is entitled to special education as long as the diagnose falls into one of IDEA’s (the Individuals with Disabilities Education Act) 13 categories.


The How’s of Public School Evaluation


At this point, the school pays for the evaluation and picks who will evaluate your child. Just because this is a publicly funded evaluation doesn’t mean that the school should take any shortcuts. The evaluation should be comprehensive and conducted by qualified professionals who are experts in their assessment areas


How does an initial public school evaluation work? The New York City Department of Education (DOE) has 60 calendar days from the time they get your consent to the time a multidisciplinary evaluation should be conducted. An initial evaluation isn’t just one test, it is a group of evaluations administered by a team of educational professionals, such as psychologists, speech language pathologists, special educators and occupational and physical therapists. Your child’s initial evaluation is a process that includes a developmental and family history, a psycho-educational assessment, an in-school observation and other testing that’s necessary to diagnose a problem or rule one out. These ‘other’ tests may include speech and language assessments, a hearing evaluation or a functional behavior assessment.

Second Opinions


Your child’s evaluation is complete. Now what? The multidisciplinary team compiles an evaluation report. Chances are that several different experts have worked on the evaluation. The professionals submit their reports, including formal testing scores and clinical and school observations. Keep in mind, the public evaluation report may not include an actual diagnosis (such as ADHD or Autism). The school will use the evaluation to decide whether your child qualifies for special education services at an eligibility meeting.


What happens if the school decides that your child isn’t eligible for services? You could accept the evaluation as is and move on. Or, you could ask for a second opinion. This is your right, and your child’s right too. Any parent who feels as though the public evaluations conducted do not accurately represent their child's current level of functioning can write a letter requesting an independent educational evaluation (IEE). This is a second opinion that you or the school pays for.

The Independent Evaluation


In order to have a DOE-paid independent evaluation you must notify the school’s Individual Education Plan (IEP) team that you would like this second opinion. The DOE can then accept your request or deny it. Denying your independent evaluation request requires an impartial hearing. If the school staff tries to convince you that there’s no need for an independent evaluation or pressures you to take a step back and drop your request for a second opinion, you can report this violation (and, it is a violation) to the NYS Office of the Attorney General.


Unlike the public school evaluation, you will choose the evaluators for the independent assessment. If the DOE is paying for the evaluation you’ll need to pick qualified professionals who meet the district’s criteria. You may need to pay out of pocket for the evaluation. But, as long as the DOE has accepted your request they will reimburse you for it.


So, which is better – a public school evaluation or an independent one? In a perfect world there wouldn’t be a difference. Each type of evaluation should be comprehensive, thoughtful and geared towards helping your child. In the event that your child’s public school evaluation isn’t living up to its fullest potential, you can always request a second, independent one. If the school refuses to pay for a private assessment, you have the right to advocate for your child. Every child is entitled to an appropriate assessment. This helps to ensure that all children get the help that they need to succeed in school and in life.

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