New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter P - Handicapped Children › Part 200 - Children with Handicapping Conditions › Section 200.5 - Due process procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Prior
				  written notice (notice of recommendation) and other written
				  notifications.
(1) Prior written
				  notice (notice of recommendation) that meets the requirements of section
				  200.1(oo) 
				  of this Part must be given to the parents of a student with a disability a
				  reasonable time before the school district proposes to or refuses to initiate
				  or change the identification, evaluation, educational placement of the student
				  or the provision of a free appropriate public education to the student. Prior
				  written notices issued during the 2011-12 school year, and thereafter, shall be
				  on a form prescribed by the commissioner.
(2) If the prior written notice relates to an
				  action proposed by the school district that also requires parental consent
				  under subdivision (b) of this section, the district must give notice at the
				  same time it requests parent consent.
(3) The prior written notice must include:
(i) a description of the action proposed or
				  refused by the district;
(ii) an
				  explanation of why the district proposes or refuses to take the
				  action;
(iii) a description of
				  other options that the CSE considered and the reasons why those options were
				  rejected;
(iv) a description of
				  each evaluation procedure, assessment, record, or report the CSE used as a
				  basis for the proposed or refused action;
(v) a description of other factors that are
				  relevant to the CSE's proposal or refusal;
(vi) a statement that the parents of a
				  student with a disability have protection under the procedural safeguards of
				  this Part, and, if this notice is not an initial referral for an evaluation,
				  the means by which a copy of a description of the procedural safeguards can be
				  obtained; and
(vii) sources for
				  parents to contact to obtain assistance in understanding the provisions of this
				  Part.
(4) The prior
				  written notice must be written in language understandable to the general
				  public, and provided in the native language of the parent or other mode of
				  communication used by the parent, unless it is clearly not feasible to do so.
				  If the native language or other mode of communication of the parent is not a
				  written language, the school district shall take steps to ensure that the
				  notice is translated orally or by other means to the parent in his or her
				  native language or other mode of communication; that the parent understands the
				  content of the notice; and that there is written evidence that the requirements
				  of this section have been met.
(5)
				  In addition to the requirements of paragraphs (3) and (4) of this subdivision:
(i) Upon receipt of a referral for initial
				  evaluation or prior to conducting a reevaluation, such prior written notice
				  shall include a description of the proposed evaluation or reevaluation and the
				  uses to be made of the information and indicate that the parent may submit
				  evaluation information which, if submitted, shall be considered by the
				  committee on special education as part of its evaluation or review.
(ii) Prior to the student's graduation with a
				  local high school or Regents diploma, such prior written notice must indicate
				  that the student is not eligible to receive a free appropriate public education
				  after graduation with the receipt of the local high school or Regents
				  diploma.
(iii) Prior to the
				  student's graduation with an individualized education program (IEP) diploma or,
				  beginning with the 2013-14 school year, prior to the student's exit with a
				  skills and achievement commencement credential or a career development and
				  occupational studies commencement credential as set forth in section
				  100.6 
				  of this Title, such prior written notice must indicate that the student
				  continues to be eligible for a free appropriate public education until the end
				  of the school year in which the student turns age 21 or until the receipt of a
				  Regents or local high school diploma.
(6) Other required notifications. A parent of
				  a student with a disability shall also be provided written notification as
				  follows:
(i) If the committee on special
				  education and other qualified professionals, as appropriate, determine in
				  accordance with section
				  200.4(b)(5) 
				  of this Part that no additional data are needed to determine whether the
				  student continues to be a student with a disability and to determine the
				  student's educational needs, the school district must notify the parents of
				  that determination and the reasons for the determination and the right of such
				  parents to request an assessment to determine whether the student continues to
				  be a student with a disability and to determine the student's education
				  needs.
(ii) Upon a board of
				  education's disagreement with the recommendation of the committee on special
				  education pursuant to section
				  200.4(e)(2) 
				  of this Part, the notice to the parent and to the committee shall set forth in
				  writing a statement of the board of education's reasons and indicate that the
				  recommendation will be sent back to the committee, with notice of the need to
				  schedule a timely meeting to review the board's concerns and to revise the IEP
				  as deemed appropriate.
(iii) For a
				  student whom the committee on special education has determined to be at risk of
				  a future residential placement, information must be provided to the parent on
				  community support services that may be available to the family, including the
				  name and address of agencies which can perform an assessment of a family's
				  community support needs, where such list has been made available to the
				  committee.
(iv) For students
				  recommended for an approved private school, a copy of the approved private
				  school's policy on the use of psychotropic medication must be provided to the
				  student's parents if the school uses psychotropic medication.
(7) A parent of a student with a
				  disability may elect to receive prior written notice and other required
				  notifications by an electronic mail (e-mail) communication if the school
				  district makes this option available.