Changes to New York State Education Department Procedural Safeguards Notice for Parents of Children with Disabilities

The New York State Education Department (SED) recently issued a memorandum requiring school districts to begin using a revised “New York State Education Department Procedural Safeguards Notice - Rights for Parents of Children with Disabilities, Ages 3-21.” SED revised to the notice to reflect recent amendments to the Commissioner’s Regulations on appeals of impartial hearing officer determinations to a State Review Officer.

School districts must begin using the new procedural safeguards notice, which is dated July 2017 and available here, effective immediately. Districts are required to provide a procedural safeguards notice to the parents of a student with a disability at least one time per year and upon:

• Initial referral or parental request for evaluation;
• A parent’s request;
• 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 SED complaint in a school year.

If you have any questions, please contact Ryan Everhart at (716) 848-1718 or Andrew Freedman at (716) 848-1332.