Guide · New York

The school won't evaluate my child in New York. What now?

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Maybe they said "let's wait and see." Maybe they said your child is doing fine, or that they need to try more interventions first. If you think your child needs help, you're allowed to ask for a special education evaluation, and the school has to give you a real answer. Here's how that works in New York.

1. Put the request in writing

A hallway chat or a phone call is easy to lose. Send a short email to the chairperson of the Committee on Special Education (CSE). Keep a copy. Something like this is enough:

Dear [name],

I am requesting a full evaluation for special education for my child, [child's name], [grade], at [school], in all areas of suspected disability. I am also requesting an evaluation under Section 504.

I'm concerned about [one or two sentences: what you see at home or what teachers have told you].

Please send me the consent form, or if the district decides not to evaluate, a written notice explaining why.

Thank you,
[your name]
[phone]

Federal law says a parent can ask for an initial evaluation at any time (34 CFR §300.301(b)).

2. The school has two choices, and both come in writing

After your request, the school either asks for your consent to evaluate, or tells you no. If it says no, it has to give you prior written notice: what it refused, why, and what it looked at to decide (34 CFR §300.503). A shrug in a meeting isn't that.

One thing schools sometimes say is that your child has to go through RTI or MTSS (extra help in general education) first. The U.S. Department of Education has said those programs can't be used to delay or deny an evaluation when a disability is suspected (OSEP Memo 11-07, 2011). Your child can get extra help and be evaluated at the same time.

3. The New York rules

Send the referral in writing to the chairperson of the Committee on Special Education. The chairperson has to notify you right away and ask for your consent (8 NYCRR §200.4(a)).

The building principal may ask to meet with you to talk about other supports instead. That's allowed, but the referral is only withdrawn if you agree in writing (§200.4(a)(9)). If you still want the evaluation, don't sign anything that says the referral is withdrawn. Once you give consent, the evaluation has to be done within 60 calendar days.

See your New York dates →

4. If the answer is still no

• Call your state's free Parent Center. Helping parents with exactly this is their job. Find yours.
• Ask about mediation. It's free, voluntary for both sides, and often faster than anything else.
• File a state complaint. It's free and you don't need a lawyer (34 CFR §300.153). In New York it goes to the New York State Education Department: how to file.
• Due process is the formal hearing route. It's more involved, so most families talk to the Parent Center or an advocate first.

A word about how this feels

Hearing "no" about your own kid is hard, and it's easy to feel like you're being difficult. You aren't. Asking in writing, staying polite and keeping copies is how this process is supposed to work. Most of the time a clear written request is what moves things forward.

General information, not legal advice. Rules checked against the regulation text in November 2026.