August 2007

Memo available in Spanish

See below for Links to complete Procedural Safeguards Notice

TO:	School Districts, Individuals and Organizations Interested in the Education of Students with Disabilities
FROM:	James P. DeLorenzo
SUBJECT:	Revised New York State Procedural Safeguards Notice: Rights for Parents of Children with Disabilities, Ages 3-21

Attached is the revised mandatory New York State Procedural Safeguards Notice: Rights for Parents of Children with Disabilities, Ages 3-21.  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.

School districts are encouraged to develop their own cover letter to parents to accompany the required notice. School districts may add an addendum of local district policies but may not change, alter or shorten the content of the State-mandated procedural safeguards notice.

This notice and updated versions will be available through the Department’s web site at: https://www.p12.nysed.gov/specialed/publications/policy. If you have questions about this information, please contact the Office of Vocational and Educational Services for Individuals with Disabilities (VESID), Special Education Policy Unit, at 518-473-2878 or your Regional Associate at one of the following VESID Special Education Quality Assurance Regional Offices:

 * Please note: If you would like to receive notification of our publications via e-mail, register at www.p12.nysed.gov/specialed/publications/register.htm.

Procedural Safeguards Notice: Rights for Parents of Children with Disabilities,
Ages 3-21