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

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.

Questions relating to the 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.