Students with Disabilities
7000 - Students
7660 - PARENT INVOLVEMENT FOR CHILDREN WITH DISABILITIES
The Board of Education recognizes the rights of the parent/guardian to be fully informed of all information relevant to the identification, or change in identification, evaluation and educational placement of a child with a disability.
All due process procedures for parents/guardians and children in the Commissioner's Regulations shall be observed by the District.
Definition of Parent
Parent means a birth or adoptive parent, a legally appointed guardian generally authorized to act as the child's parent or authorized to make educational decisions for the child, a person in parental relationship to the child as defined in Education Law Section 3212, an individual designated as a person in parental relation pursuant to General Obligations Law Title 15-A including an individual so designated who is acting in the place of a birth or adoptive parent (including a grandparent, stepparent or other relative with whom the child resides), or a surrogate parent who has been appointed in accordance with Section 200.5(n) of Commissioner's Regulations. The term does not include the State if the student is a ward of the State.
A foster parent may act as a parent unless State law, regulations or contractual obligations with a State or local entity prohibit the foster parent from acting as a parent.
Unless a judicial decree identifies a specific person(s) to act as the parent or make educational decisions for the student, if one or more parties is qualified to act as a parent, the birth or adoptive parent is presumed to be the parent unless they do not have the legal authority to do so.
In the event that no parent or guardian for a child with a disability can be identified; or after reasonable efforts the whereabouts of the parent or guardian cannot be determined; or the student is an unaccompanied homeless youth; or the child with a disability is a ward of the State and does not have a "parent" as defined above; or the rights of the parent to make educational decisions have been subrogated by a judge in accordance with State law; the Board shall assign an individual from a list of willing and eligible persons to act as a surrogate for the parents or guardians. This determination shall be completed within a reasonable time following the receipt of a referral for an initial evaluation or re-evaluation; alternatively, the surrogate parent may be appointed by a judge overseeing the child's case.
The person selected as a surrogate shall have no interest that conflicts with the interest of the child he/she represents, and shall have knowledge and skills that ensure adequate representation of the child.
Prior Written Notice (Notice of Recommendation)
Prior written notice (notice of recommendation) must be given to parents of a student with a disability a reasonable time before the 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 notice must also be provided informing the parents when no additional data is required to determine the student's educational needs, the reasons for this determination and their right to request an assessment. Prior written notice will also be provided prior to the student’s graduation with a local or Regents diploma, stating that such student will no longer be entitled to receive a Free Appropriate Public Education (FAPE) after graduation. Additionally, prior written notice will be provided upon the student’s receipt of any other exiting credential, including but not limited to a Skills and Achievement Commencement Credential, or a Career Development and Occupational Studies Commencement Credential, provided the student has not already earned a local or Regents diploma. Such notice shall state that the student continues to be eligible for FAPE until the school year in which the student turns age twenty-one (21), or until the receipt of a local or Regents high school diploma, whichever is earlier.
If the prior written notice relates to a proposed action that also requires parental consent, the District must give notice at the same time it requests parental consent. The prior written notice will contain all elements required by Commissioner's Regulations.
A parent may elect to receive prior written notice and other required notifications by electronic mail (e-mail) communication if the District makes this option available.
Parent Participation in Meetings
The District must take steps to ensure that one or both of the parents of a child with a disability are present at each Committee on Special Education (CSE)/Committee on Preschool Special Education (CSPE) meeting or are afforded the opportunity to participate in a mutually agreed upon time and place. The District must document its attempts to involve parents, such as:
- Records of telephone calls made or attempted and the results of these calls;
- Copies of correspondence sent to the parents and any responses received; and
- Records of visits made to the parent's home or place of employment and the results of those visits.
Additionally, the District must take whatever action is necessary to ensure the parent understands the proceedings of this meeting including arranging for an interpreter for parents with deafness or whose native language is other than English.
Additionally, the School District must take whatever action is necessary to ensure the parent understands the proceedings of this meeting including arranging for an interpreter for parents with deafness or whose native language is other than English.
In accordance with due process, a parent (as defined in Commissioner's Regulations Section 200.1(l)) of a special education student or a student suspected of having a disability must provide informed consent before the District can take certain actions. The District will make reasonable efforts to obtain written informed consent and will maintain a detailed record of its attempts and the results of the attempts.
Parents with custodial rights – whether sole or joint – may exercise decision-making authority with respect to the student’s education. Absent a court order or custody agreement to the contrary, a non-custodial parent may not control education decisions for the student, though he/she may participate in the child’s education.
Consent for Evaluations
The parent or guardian must provide informed consent to the initial evaluation, or reevaluations in accordance with law and/or regulations. If a parent does not provide consent for an initial evaluation, the District may pursue the evaluation by commencing a due process hearing to override the refusal to provide consent. This option is not available in the case of students parentally placed in non-public schools.
Parental consent for a reevaluation is not needed if the District can demonstrate that it has taken reasonable measures to obtain consent, but the parents or guardians have failed to respond.
Consent for the Initial Provision of Services
Parental consent is also required for the initial provision of special education services. Consent for an initial evaluation does not constitute consent for the initial provision of services. If a parent does not provide consent for the initial provision of services, the District shall not provide the special education program and services to the student and shall not use the due process procedures to challenge the parent's refusal to consent. The District shall not be considered to be in violation of the requirements to provide a free appropriate public education (FAPE), shall not be required to convene a meeting of the committee on special education or develop an individualized education program (IEP).
Consent for Other Action
Prior written consent must also be provided:
- Prior to releasing any personally identifiable information (unless allowable under FERPA Regulations); and
- Prior to each time the District proposes to access a parent's private or public insurance.
Consent may be provided by a surrogate parent. However, until a surrogate parent is appointed, consent may be provided on a temporary basis by an employee of a temporary housing facility operated or approved by a local social services district or a residential facility for runaway and homeless youth.
Consent for a Ward of the State
A ward of the State means a child or youth under the age of twenty-one (21):
- Who has been placed or remanded pursuant to Social Services Law or the Family Court Act or freed for adoption pursuant to Social Services Law; or
- Who is in the custody of the Commissioner of Social Services or the Office of Children and Family Services; or
- Who is a destitute child under Social Services Law.
In the event that a child is a ward of the State, the District shall make reasonable efforts to obtain the informed consent from the parent of the child for an initial evaluation to determine whether the child is a child with a disability.
The District is not required to obtain informed consent if:
- Despite reasonable efforts to do so, the District cannot discover the whereabouts of the parent of the student, including consulting with the agency responsible for the care of the student; or
- The rights of the parents of the student have been terminated in accordance with State law; or
- The rights of the parent to make educational decisions have been subrogated by a judge in accordance with State law and consent for an initial evaluation has been given by an individual appointed by the judge to represent the student.
If a parent of a student who is home instructed or placed in a private school by their parents at their own expense does not provide consent for an initial evaluation or reevaluation, or the parent fails to respond to a request to provide consent, the District may not continue to pursue those evaluations by using the due process procedures and the District is not required to consider the student as eligible for special education services.
Procedural Safeguards Notice
The District will provide the procedural safeguards notice prescribed by the Commissioner of Education to the parents of a student with a disability at least one time per year and also:
- Upon initial referral or parental request for evaluation;
- Upon the first filing of a due process complaint notice to request mediation or an impartial due process hearing;
- Upon request by a parent;
- Upon a decision to impose a suspension or removal that constitutes a disciplinary change in placement; and
- Upon first receipt of a State complaint.
Individuals with Disabilities Education Improvement Act of 2004 (Public Law 108-446)
Individuals with Disabilities Education Act (IDEA), 20 United States Code (USC) Section 1400 et seq.
Code of Federal Regulations (CFR) Part 300
Education Law Sections 207, 3212, 4005, 4202, 4401 and 4402
New York Code of Rules and Regulations (NYCRR) Sections 200.1, 200.4(b)(6), and 200.5
Policy Cross References:
- » 7260 - DESIGNATION OF PERSON IN PARENTAL RELATION