Revised New York State Procedural Safeguards Notice: Rights for Parents of Children With Disabilities

The Revised New York State Procedural Safeguards Notice: Rights for Parents of Children with Disabilities, Ages 3-21 (pdf) is now available and must be used effective September 1, 2007. Also available in Word Format.

This procedural safeguards notice is similar to the notice that the U.S. Department of Education provided as a model notice, but has been modified for clarity and includes additional information specific to New York State. This notice includes the revisions required by the reauthorization of the Individuals with Disabilities Education Act (IDEA)in implementing federal regulations (Part 300 of Title 34 of the Code of Federal Regulations). All school districts and other agencies responsible for the education of students with disabilities must begin to use this notice effective September 1, 2007.

The procedural safeguards notice must be provided to parents of a student with a disability, at a minimum one time per year and also upon:

-initial referral or parental request for evaluation; -request by a parent;-the first filing of a due process complaint notice to request mediation or an impartial due process hearing;-a decision to impose a suspension or removal that constitutes a disciplinary change in placement; and-receipt of a parent’s first State complaint in a school year.

For Further Information