Due Process refers to procedures that, by law, are used to ensure your child with a disability’s rights to a Free Appropriate Public Education (FAPE) and your rights to be involved and have a full understanding of that process. Due process assures that you have:
The Right to Be Fully Informed
You must be notified, in your preferred language or mode of communication, of your rights in the educational decision-making process. There are times when you will be asked to provide your consent. Providing consent means that you:
- Have been fully informed about the action for which you are giving consent
- Understand and agree in writing to that action and that the notification includes what, if any, records will be released and to whom.
If English is not your preferred language and you need translation to understand your child’s assessments and IEP, please inform the IEP team. At your request, the IEP and all assessments will be translated.
Consent is voluntary on your part and you may withdraw your consent at any time. Your withdrawal of consent does not undo an action that has occurred after you gave your consent and before you withdrew it.
The Right to Participate
You have the right to take part in decision-making through attendance at meetings and other involvement where you can share your point of view. This includes your right to:
- Bring other people to meetings who have knowledge or special expertise regarding your child.
- Have meetings scheduled at a time that works for everyone- especially you.
- Have an interpreter, if you need one. Just inform the IEP team. At your request, an interpreter will be provided.
The Right to Challenge
You have the right to challenge school decisions made regarding your child. You can request:
A mediator helps you and the school work out disagreements about your child’s education plan.
An impartial hearing officer listens to both sides of the disagreement and decides what, if anything, went wrong and how to fix it:
The Right to Appeal
- You have the right to appeal the decision of an Impartial Hearing Officer. This appeal is made to the NY State Review Officer.
- You can also ask for the court to review the State Review Officer’s decision.
- You may also oppose appeals made by the DOE.
The Right to Have a Parent Member at the IEP Meeting
You have the right to request a certified Parent Member attend the IEP meeting. You have to ask for it at least 72 hours before the scheduled date of the IEP Meeting.
For more information, read the Procedural Safeguards notice:
Are you the parent of a student with autism, or the parent of a student attending a State-approved non-public school? If so, learn more about the potential disclosure of student records and how to opt-out.
On the Notice of Potential Disclosure of Student Records and Opt-Out Form page you will find the full Notice and the Opt-Out Form. Both documents are available in all 10 of the DOE-supported languages.