• The New York State Education Department Office of Special Education (OSE) has updated its Procedural Safeguard Notice.
  • Updates include both minor technical edits and formatting changes along with several substantive changes. The substantive changes include:
  • The addition of a section on accelerated relief (pgs. 26-27).
  • Removal of the prohibition of attorney fees for special education mediation.
  • Highlighting special education mediation as a dispute resolution in a standalone section (pgs. 13-14).
  • The change in hours of alternative instruction at the elementary and secondary level (pg. 33).
  • The updated Procedural Safeguard Notice is available on the OSE website.
  • As a reminder, the Procedural Safeguards Notice must be provided to parents of a student with a disability at a minimum of one time per year and upon:
  • initial referral or parental request for evaluation;
  • request by a parent;
  • the first filing of a due process complaint notice to request mediation or an impartial due process hearing;
  • a decision to impose a suspension or removal that constitutes a disciplinary change in placement; and
  • receipt of a parent’s first State complaint in a school year.
  • Questions relating to the Procedural Safeguards Notice may be directed to the Special Education Policy Unit at (518) 473-2878 or speced@nysed.gov or the Special Education Quality Assurance Office in your region.