Due Process

Special Education Due Process

Federal laws protect the educational rights of a student with disabilities.  These rights are exercised through due process of law which helps to balance decision making among various adults.  The result is a legal responsibility for parents and educators to work cooperatively and to resolve disagreements for the benefit of the student.  Due process in special education involves the parent's right:

•      To be fully informed and knowledgeable about the actions to be taken

•      To participate

•      To consent

•      To file a complaint

•      To request an Independent Evaluation

•      To challenge

•      To appeal

•      To request an Impartial Hearing

• *Click on the link Procedural Safeguards for more information
  State:  NY State Education Department Parent Resources Website- The Parent Resources website offers answers to common questions parents have about State tests and Regents exams.  A series of fact sheets will help school administrators, teachers, and other education leaders address concerns parents have about the State Assessments.  This website is a first stop for parents to find the information they need about State tests.
  Federal:U.S. Department of Education: Links on all aspects of the organization's work, including student aid, legislation, statistics, etc. Information is available for teachers, students, parents and administrators.
  NYS Parent's Guide to Special Education (pdf file - 516 KB)
  Revised Procedural Safeguards Notice:  Rights for Parents of Children with Disabilities, Ages 3-21 (pdf file - 460 KB)
  Procedural Safeguards Notice:  Procedural Safeguards Notice Spanish