New York State Education Department
PROCEDURAL SAFEGUARDS NOTICE
December 2011

Rights for Parents of Children with Disabilities, Ages 3-21

As a parent, you are a vital member of the Committee on Special Education (CSE) or Committee on Preschool Special Education (CPSE) in New York State. The CSE/CPSE is responsible for developing recommendations for special education programs and services for your child.  You must be given opportunities to participate in the CSE/CPSE discussion and decision-making process about your child’s needs for special education. The following information concerns procedural safeguards that are your legal rights under federal and State laws to be informed about and involved in the special education process and to make sure that your child receives a free appropriate public education (FAPE).

A copy of this procedural safeguards notice must be provided to you one time a year and:
·    upon initial referral or your request for an evaluation of your child.
·    whenever you request a copy.
·    upon receipt of the first due process complaint in a school year requesting mediation or an impartial hearing.
·    the first time in a school year when the school district receives a copy of a State complaint that you submitted to the New York State Education Department (NYSED).
·    when a decision is made to suspend or remove your child for discipline reasons that would result in a disciplinary change in placement.

The Procedural Safeguards Notice has been adapted from the model form developed by the United States Department of Education (USDOE). Information was added regarding New York State’s requirements.
 
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