Referrals for preschool age children (ages 3-5) must be made in writing to the Committee on Preschool Education (CPSE) in the school district where the child lives. The CPSE is part of the Committee on Special Education (CSE). The letter should be addressed to the CSE Chairperson. A list of CSE chairpersons and their contact information can be found here.

The referral should list the child’s name, date of birth and address, and should contain contact information for the child’s parents. It should also talk about any specific concerns you have about the child’s development.

After a referral is made, the CPSE will send a packet with consent forms and evaluation sites to the child’s parent. The parent must choose an evaluation site and call to make an appointment. At the first appointment, the parent will sign consent for evaluations. When the evaluations are done, there will be a meeting to write an Individualized Education Program (IEP). The IEP describes the services that the child needs.

The CPSE has 60 school days from the date the child’s parent signs consent to evaluate the child and put all services in place.

Preschool age children receive the following evaluations:

• Social history interview
• Psycho-educational evaluation
• Physical examination (usually done by the child’s pediatrician)
• Classroom observation (only if the child is enrolled in a daycare or Head Start program)

The parent or person who made the referral can ask for other evaluations such as Speech and Language, Occupational Therapy, Physical Therapy, Functional Behavior Assessment, etc.

Children are eligible for Preschool Special Education if:

• They have a disability, such as autism, Down Syndrome, cerebral palsy, vision or hearing impairment; or
• They have a developmental delay, which means a 12-month delay in one functional area; a 33% delay in one functional area or a 25% delay in two functional areas; or a score of 2.0 standard deviations below the mean in one functional area or a score of 1.5 standard deviations below the mean in two functional areas. Functional areas include gross motor, fine motor, communication, social-emotional, cognitive or adaptive development. The child’s evaluations will state the degree of delay.

• Children born between January and June are first eligible for preschool special education services on January 2nd of the year the child turns 3.
• Children born between July and December are first eligible for preschool special education services on:
  • July 1st of the year the child turns 3 if he/she needs 12-month services
  • September 2nd of the year the child turns 3 if he/she only needs 10-month services.
• All children age out of preschool services on August 31st of the year they turn 5.

• Related Services: Preschool students with disabilities may receive related services such as speech and language therapy, physical therapy, occupational therapy, and counseling. These services can be provided at a preschool, daycare, therapist’s office, or home.
• Special Education Itinerant Teacher Services (SEIT): This service is provided by a special education teacher to address a child’s cognitive and academic delays. It can be provided at a preschool, daycare, therapist’s office, or home. If provided in a school setting, the teacher may work with the child in the classroom or pull him out of the classroom for one-on-one help.
• Special Class in an Integrated Setting: This is a preschool class where children who have disabilities are mixed together with children who do not. The class has at least one special education teacher and paraprofessional. A Special Class in an Integrated Setting can be for a full-day (5 hours) or half-day (2.5 hours), depending on the child’s needs.
• Special Class: This is a preschool class that only serves children with disabilities. The class size is usually quite small, between 5-12 children. There is at least one special education teacher and one paraprofessional in the class. A special class setting can be for a full-day (5 hours) or half-day (2.5 hours), depending on the child’s needs.

Ask the CPSE to look for a program outside of your region. If there are no placements in the entire city, ask to have the child placed on the Awaiting Placement Notification List (PN List). The CPSE should also write a partial service plan so that the child receives some services until a placement is found.

Contact the Committee on Preschool Special Education in the district where you live.

The information in this document has been prepared by The Legal Aid Society for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not act upon any information without retaining professional legal counsel.