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THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234 Office of Special Education Assistant Commissioner July 2017 TO: District Superintendents Superintendents of Schools Public School Administrators Charter School Administrators Nonpublic School Administrators Directors of Special Education Directors of Pupil Personnel Services Chairpersons of Committees on Special Education Chairpersons of Committees on Preschool Special Education Organizations, Parents and Individuals Concerned with Special Education FROM: Christopher Suriano SUBJECT: Changes to the New York State Procedural Safeguards Notice: Rights for Parents of Children with Disabilities, Ages 3-12 This memorandum is to inform you of changes in the New York State (NYS) Procedural Safeguards Notice: Rights for Parents of Children with Disabilities, Ages 3-21. The changes reflect the amendment of Part 279 of the Regulations of the Commissioner of Education relating to procedures concerning appeals of impartial hearing officer determinations for students with disabilities to a State Review Officer. The specific changes are highlighted on pages 26-27 of the Notice. The amendment, which became effective January 1, 2017, applies to all appeals in which a Request for Review (formally called a “Petition for Review”) has been served upon the opposing party on or after January 1, 2017. For your reference, a copy of the full text of the amendment may be found at http://www.regents.nysed.gov/common/regents/files/916brca11.pdf. Further information regarding the changes may be found at http://www.sro.nysed.gov/RevisedPart279.html. School districts are required to use this revised notice effective immediately, when providing parents with a copy of the Procedural Safeguards Notice. 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. ---PAGE BREAK--- 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. This notice and updated versions will be available on the New York State Education Department’s web site at http://www.p12.nysed.gov/specialed/formsnotices/. Questions relating to the revised Procedural Safeguards Notice may be directed to the Special Education Policy Unit at [PHONE REDACTED] or [EMAIL REDACTED] or the Special Education Quality Assurance Office in your region: Central Regional Office (315) 428-4556 Eastern Regional Office (518) 486-6366 Hudson Valley Regional Office (518) 473-1185 Long Island Regional Office (631) 952-3352 New York City Regional Office (718) 722-4544 Western Regional Office (585) 344-2002 Nondistrict Unit (518) 473-1185 Attachment: Revised Procedural Safeguards Notice: Rights for Parents of Children with Disabilities, Ages 3-21 (July 2017)