Informational Know Your Rights!

KNOW YOUR RIGHTS!
 
If you suspect your child has a disability that interferes with learning, you can ask to have your child tested by your school district at no cost to you. You can do this even if your child does not attend public school.
 
You can see your child’s school records and get a copy of the school records at no cost to you. If your child’s school records contain incorrect or misleading information, you can ask to have the information corrected.
 
When your child is evaluated for special education, the school must explain the tests your child has been given. If you disagree with the school’s evaluation, you can ask for additional testing or an independent evaluation at no cost to you.
 
You must be treated as a full and equal member of your child’s Committee on Special Education (CSE). You should be included in every decision involving your child’s special education.
 
If you disagree with decisions affecting your child’s special education, you have many rights, including the right to mediation and due process.

INFORMATIONAL WEBSITES:

NYSED
New York State special education department
www.p12.nysed.gov/specialed/

NICHCY
(National Information Center for Children and Youth with Disabilities) (www.nichcy.org) Phone:1-800-695-0285.

VESID
(Vocational and Educational Services for Individuals with Disabilities) (web.nysed.gov/vesid) a division of the New York State Education Department.

WRIGHTSLAW: www.wrightslaw.com/ Parents, educators, advocates, and attorneys come to Wrightslaw for accurate, reliable information about special education law, education law, and advocacy for children with disabilities.

OPWDD:  NYS Office for People With Developmental Disabilities
 www.opwdd.ny.gov/

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THE STATE EDUCATION DEPARTMENT
/ THE UNIVERSITY OF THE STATE OF NEW YORK /
ALBANY, NY 12234

OFFICE OF P-12 EDUCATION: Office of Special Education ASSISTANT COMMISSIONER
Room 301M EB, 89 Washington Avenue,
 Albany, NY 12234
www.p12.nysed.gov/specialed/

February 2015  SPECIAL EDUCATION FIELD ADVISORY

FROM: James P. DeLorenzo
SUBJECT: 2014 Legislative Changes Affecting Special Education

Telephone (518) 402-3353 Fax: (518) 402-3534

This memorandum provides information on amendments made to New York State Education Law, pursuant to Chapter 434 of the Laws of 2014, regarding special education parental notification requirements upon a student’s entry into school. Section 4402 of the Education Law is amended by adding a new subdivision, effective July 1, 2015, requiring public schools to notify every parent of their rights regarding referral and evaluation of their child for the purposes of special education services or programs upon their child’s enrollment in public school.

Attached is information on this change which includes the legal citation(s), a summary of the changes, an effective date, and the corresponding statutory language.

To ensure dissemination to appropriate individuals within a school district, I ask 

(Statute: Chapter 434 of the Laws of 2014

8. Upon their child's enrollment or attendance in a public school, such school shall notify every parent or person in parental relation of their rights regarding referral and evaluation of their child for the purposes of special education services or programs pursuant to applicable federal and state laws. Such notification may be provided by directing parents or persons in parental relation to obtain information located on the department's website relating to a parent's guide to special education in New York state for children ages three through twenty-one provided the notification shall also contain the name and contact information for the chairperson of the school district's committee on special education or other individual who is charged with processing referrals to the committee in the district.page2image15944

Section 1. Section 4402 of the education law is amended by adding a new subdivision 8 to read as follows:

Section 2. This act shall take effect July 1, 2015. Effective immediately, the addition, amendment and/or repeal of any rules or regulations necessary for the implementation of this act on its effective date are authorized to be made on or before such date. 

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Revocation of Parental Consent

MESSAGE/s FROM Lynette Abruzzo, Director of Pupil Personnel Services