7661

Adoption Date: 2/23/1999, Revised: 6/20/2000; 4/26/16
7000 - STUDENTS

STUDENTS WITH DISABILITIES
7661 DUE PROCESS RIGHTS FOR PARENTS OF CHILDREN WITH DISABILITIES

In accordance with the Individuals With Disabilities Education Act (IDEA) as well as Part 200 of the Regulations of the Commissioner of Education, a procedural safeguards notice must be provided to parents, as required by Section 1410(d)(1) of IDEA, upon;

  1. a) Initial referral for evaluation for the provision of special education services;
  2. b) Each notice of an individualized education program (IEP) meeting;

    c) Reevaluation of the child;
  3. d) Registration of a request for a due process proceeding (mediation or an impartial hearing);
  4. e) When a decision is made to suspend or remove the child for discipline reasons that would result in a disciplinary change in placement.

In addition to this procedural safeguards notice, the parents will also receive:

  1. a) Prior notices and
  2. b) Notices of meetings.

Prior Notice

Prior notice is written notice that is given to the parents a reasonable time before the School District proposes to or refuses to start or change the identification, evaluation, or educational placement or the provision of a free appropriate education to the child.

Notice of Meetings

Whenever the Committee proposes to conduct a meeting to develop or review the child's IEP or to discuss the provision of a free appropriate public education to the child, the parents must receive a meeting notice.

Policy References:
Individuals With Disabilities Education Act (IDEA)

United States Code (USC) Sections 1400-1485

Educational Law Sections 4401-4407

8 New York Code of Rules and Regulations

(NYCRR) Part 200


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