New York Brain Damage Lawyers

New Yorks Rights For Parents Of Children With Disabilities

New York State Education Department: Effective September 13, 2005

Rights for Parents of Children with Disabilities, Ages 3-21

Parents are vital members of a team called the Committee on Special Education (CSE) or Committee on Preschool Special Education (CPSE) that is responsible for developing an appropriate educational program for your child. You must be given opportunities to participate in the discussion and decision-making process about your child's needs for special education. The following information concerns procedural safeguards - your legal rights under federal and State laws to be involved and make sure that your child receives a free appropriate public education.

Procedural safeguards notice must be provided to you one time a year and:
Upon initial referral for evaluation of your child or your request for an initial evaluation. The first time in a school year when the school district receives a  written notice from you requesting mediation or an impartial hearing. When a decision is made to suspend or remove your child for discipline reasons that would result in a disciplinary change in placement. Whenever you request a copy.

Consent:
There are many times when the school district must notify (tell) you in writing of its proposed (planned) action and ask for your written consent (permission) to carry out this action.

Consent means that:
You have been informed, in the language you speak or other kind of communication that you understand, of all the information about the activity for which your permission is asked. You understand and agree in writing to the activity for which your permission is needed.  Your permission is given freely and may be withdrawn at any time.  However, if you withdraw your consent, it is not retroactive (it will not apply to actions already taken by the district).

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