Due Process refers to procedures that, by law, are used to ensure your child’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 the following:
The Right to Participate — You have the right to participate in decision-making through attendance at meetings and other involvement that allows your point of view to be considered. This includes your right to:
- 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 instances when you will be asked to provide your consent.
- Providing consent means that you have been fully informed in your preferred language of all information about the action for which you are giving consent, that you understand and agree in writing to that action and that the notification includes what, if any, records will be released and to whom.
- Consent also means that you understand that the consent is voluntary on your part and you may withdraw your consent at any time. Please understand that your withdrawal of consent does not negate (undo) an action that has occurred after you gave your consent and before you withdrew it.
The Right to Challenge — You have the right to challenge school decisions made regarding your child. You can request:
The Right to Appeal — You have the right to appeal the decision of an Impartial Hearing Officer to the New York State Review Officer, or to seek court review of the State Review Officer’s decision. You may also oppose appeals initiated by the Department of Education.
The Right to Have an Additional Parent Member at the IEP Meeting — You have the right to request an Additional Parent Member attend the IEP meeting by making that request at least 72 hours prior to the scheduled date of the IEP Meeting.
You also have the right to obtain and/or examine copies of your child’s school records. You have the right to receive and consider all reports and evaluations before an IEP Team meeting.
For more information, read the procedural safeguards.
- bring other individuals who have knowledge or special expertise regarding your child to meetings.
- meetings to discuss the service recommendations for your child must be scheduled with you at a mutually convenient time.
- If you require an interpreter, the Department of Education must provide one.