If your child is experiencing a developmental and/or academic delay or disability, finding support can feel overwhelming. Aside from the long process of qualifying for and setting up services, there are the acronyms, the confusing chain of responsibility (county, school district, school level, service organizations, and so forth), and the fact that these needs also affect your child at home.
Finding the information you need to ensure your child is getting the support they deserve can feel impossible. We aim to help you feel empowered as you navigate your family’s journey with special education services.
Disclaimer: This post is made available for informational purposes only. Nothing contained in this article should be construed as legal or educational advice. Please ensure you follow up with the appropriate parties if you have questions or concerns, or if you would like to pursue services for your child.
Who to Contact and What to Expect
Before you can secure services for your child, you’ll need to know who is responsible for providing them. In New York, we have three different programs for children ages 0-18 (though programming is available through school districts up to age 21, depending on your child’s needs, and additional services may be available through the Office for People with Developmental Disabilities). Your child is entitled to free services under federal law if they qualify, starting as early as birth.
Qualification criteria differ based on age (and, to some extent, the resources of the district you are in), starting at age 3. Still, thankfully, your child is also entitled to receive free evaluations to determine eligibility for a family service plan (FSP) or individualized education plan (IEP) that will dictate what kinds of support your child can and should receive.
If Your Child is 0-3 Years of Age: Early Intervention
Early Intervention (also known as EI)is a federal program that offers support services for children ages 0-3. To qualify for an evaluation, you will need to make a referral to your local early intervention office, which, in Westchester County, is located in the Department of Health. A pediatrician referral may also be required during the process.
Once your child’s case has been received, you will be assigned a caseworker at the Department of Health to help navigate the evaluation process. They will assist you in setting up appointments with relevant providers, including speech and language pathologists, occupational therapists, physical therapists, psychologists, and more. Which evaluations are provided may depend on your specific concerns.
Families who qualify receive what is known as a family service plan (FSP), and will be transferred to a local agency for case management, which includes ensuring your child receives the services they are entitled to, and that their progress is monitored. This agency will help arrange services, which may be provided through other organizations contracted through early intervention. Services are not provided or offered via your local school district at this age.
It is important to know that your child may not qualify for services even if they are experiencing a delay or disability. In New York, one common eligibility metric requires that your child experience a 33% delay in one area of functioning or a 25% delay in two or more areas.
If your child isn’t eligible upon their first evaluation but you remain concerned, you may request that another evaluation be conducted in the future. Your caseworker will be a good source of information about the specifics in your case. It is not uncommon for children to have a widening delay over time, necessitating additional services as they age.
If Your Child is 3-4 Years of Age: Committee On Preschool Special Education (CPSE)
Preschool-age children are eligible for support through your local school district, via a program called CPSE (Committee on Preschool Special Education). If your child is receiving services through EI, your caseworker will help you navigate the transition process. If your child is not receiving services, approaching their third birthday (or between the ages of 3 and 5), and you are interested in having them evaluated for services, you can reach out directly to your school district’s CPSE chairperson.
If one is not listed, you should locate a contact for the district’s special education program (preferably the division affiliated with preschool-level services). You’ll be asked to make a formal referral, likely in writing, to your district. This letter should outline concerns regarding your child’s development and/or behavior. You do not need to know what kinds of evaluations they require, but being as comprehensive as possible is beneficial. You can find a helpful guide to navigating the CPSE process on the Westchester Institute for Human Development’s website here.
Evaluations for CPSE level services are conducted by local community partners, and your CPSE chairperson can help you with the process of setting up the assessments. Once evaluations are complete in the areas of concern, your district will schedule an eligibility meeting. Expect to discuss your concerns and the results of any assessments.
If your child is eligible, an individualized educational plan (IEP) will be discussed. This document outlines the services your child will receive, the frequency and location of service delivery, and the goals for each service provided. Per law (specifically the Individuals with Disabilities Education Act, or IDEA), districts are obligated to follow this plan You’ll have an annual review to discuss progress and update goals as needed, as well as more frequent meetings if necessary to change your child’s IEP to better suit their needs (though it is worth noting some changes may be handled via more informal channels and a signed consent).
Your school district manages services, but unless you have a district preschool program, most or all services will likely be provided by contracted agencies. Do not hesitate to take additional steps if the district doesn’t immediately provide services or the services you believe are necessary. While most districts care deeply about their students’ success, they are heavily constrained by funding and resource access. This can lead to administrators not recommending services for children who are borderline or whose needs they do not fully understand. An education advocate can be a good place to start if there are any issues you feel ill-prepared to address on your own.
If Your Child is School-Aged: Committee On Special Education (CSE)
If your child is entering kindergarten or is in grades K-12, your district’s Committee on Special Education (CSE) is responsible for their services. Like preschool special education, the district will set up evaluations and hold an eligibility hearing. Unlike preschool-level services, assessments are typically conducted by school district providers themselves (exceptions may occur if the district lacks the necessary personnel on staff).
Expect the eligibility meeting to include reviewing your concerns and discussing the results of the assessments. If your child is eligible, an individualized educational plan (IEP) will be discussed. This plan outlines what services your child will receive, the frequency and location of service delivery, how services will be provided, and goals for each service rendered.
You’ll have an annual review to discuss progress and update goals as needed, as well as more frequent meetings if additional services are needed. If your child requires a placement outside the district’s schools to best meet their needs, information about this will also be included in the IEP.
Special Mention: 504 Plans
Not all children qualify for IEP-level services, even if they require support within the school environment. If your child has a medical condition, a physical disability, or is neurodivergent and not eligible for an IEP, a 504 plan (which receives its name based on their location in Section 504 of the Rehabilitation Act of 1973) may be the right fit.
504 plans are typically used when there is no need for changes in placement or instruction, but a child requires accommodations to access the school environment. This includes (but is not limited to) homework planning, flexible deadlines for assignments, preferential seating in a classroom, or extra time on tests. Districts generally have a 504 coordinator who handles these plans outside of the CSE team. You can learn more about the differences between 504 plans and IEPs here.
