Policy 02-04

February 2002

 Attached is the revised mandatory State Procedural Safeguards Notice: Rights for Parents of Children with Disabilities, Ages 3-21. This revision includes substantive changes to the following sections:

• Independent Educational Evaluations;
• Opportunity to Present Complaints;
• State-Level Appeal of IHO Decisions;
• Reimbursement for Placement Made by Parents if the District Fails to Make a Free and Appropriate Program Available to the Child; and
• Disciplinary Procedures.

All school districts and other agencies responsible for the education of students with disabilities must begin to use this notice as soon as possible but in no case later than April 1, 2002. 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 the content of the State-mandated procedural safeguards notice. The revised procedural safeguards notice is dated and will be revised, as necessary by the State Education Department to reflect changes to federal and State laws and regulations.

The procedural safeguards notice must be provided to parents upon:

• initial referral of the child for evaluation.
• each notice of a Committee on Special Education or Committee on Preschool Special Education meeting.
• reevaluation of the child.
• request for an impartial due process hearing.
• a decision to suspend or remove a child for discipline reasons that would result in a disciplinary change in placement.

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

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