October 2005

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 version includes revisions required by the reauthorization of the Individuals with Disabilities Education Act (IDEA) and revised State regulations as adopted by the Board of Regents in September.  All school districts and other agencies responsible for the education of students with disabilities must begin to use this notice.  This revised procedural safeguards notice is dated and will be revised, as necessary, by the State Education Department to reflect further changes to federal and State laws and regulations.

Based upon revised State regulations, the procedural safeguards notice must be provided to parents at least once a year and upon:

• initial referral of the child for evaluation or when a parent requests an initial evaluation.
• 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.

•  request from a parent.

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.

This notice and updated versions will be available through the Department’s web site at: http://www.vesid.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.vesid.nysed.gov/specialed/publications/register.htm.

New York State Procedural Safeguards Notice: Rights for Parents of Children with Disabilities, Ages 3-21 - Effective September 13, 2005