• SPECIAL EDUCATION FIELD ADVISORY

    FROM: Patricia J. Geary

    SUBJECT: Changes to the New York State Procedural Safeguards Notice: Rights for Parents of Children with Disabilities, Ages 3-21

    State Regulations require that school districts use the procedural safeguards notice prescribed by the State. This memorandum is to inform you that the State has made revisions to the New York State (NYS) Procedural Safeguards Notice: Rights for Parents of Children with Disabilities, Ages 3-21. School districts are required to use this revised notice, effective immediately, when providing parents with a copy of the Procedural Safeguards Notice. A copy of the procedural safeguards notice must be provided to parents of a student with a disability, at a minimum of 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.

    Districts are encouraged to develop their own cover letter to parents to accompany the required notice and may add an addendum of local district policies but may not change the content of the State-mandated procedural safeguards notice. This notice and updated versions will be available through the State Education Department’s (SED) website at http://www.p12.nysed.gov/specialed/formsnotices/.

    Questions relating to the revised Procedural Safeguards Notice may be directed to the Special Education Policy Unit at 518-473-2878 or speced@nysed.gov or the Special Education Quality Assurance Office in your region:

    Central Regional Office (315) 428-4556

    Eastern Regional Office (518) 486-6366

    Hudson Valley Regional Office (518) 473-1185

    Long Island Regional Office (631) 952-3352

    New York City Regional Office (718) 722-4544

    Western Regional Office (585) 344-2002

    Nondistrict Unit (518) 473-1185

    Attachment Revised Procedural Safeguards Notice: Rights for Parents of Children with Disabilities, Ages 3-21 – June 2016