IEP Parent Rights in New York

What are your rights as a parent in the IEP process in New York?

Parents and persons in parental relationship to a student with a disability in New York have extensive rights throughout the special education process, codified in 8 NYCRR Section 200.5 and Education Law Sections 4402 and 4410. The right to informed consent is foundational: the district must obtain written parental consent before conducting an initial evaluation (8 NYCRR Section 200.5(b)(1)), before initial provision of special education services (8 NYCRR Section 200.5(b)(1)(ii)), and before conducting any additional individual assessments during a reevaluation (8 NYCRR Section 200.5(b)(1)(i)). Parents have the right to participate in all CSE/CPSE meetings regarding their child's identification, evaluation, educational placement, and the provision of FAPE. The district must provide written notice at least five days before any CSE/CPSE meeting, and the notice must indicate the purpose, time, and location of the meeting, the names and titles of those who will attend, and inform the parent of their right to invite individuals with knowledge or special expertise regarding the student (8 NYCRR Section 200.5(c)). If the parent cannot attend in person, the district must offer alternative methods of participation such as telephone conference calls or video conference (8 NYCRR Section 200.5(c)(2)). All notices, evaluations, and communications must be 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 (8 NYCRR Section 200.5(a)(4)). Parents have the right to access and review all education records pertaining to their child under both FERPA (34 CFR Part 99) and IDEA (34 CFR Section 300.613), and the district must provide access without unnecessary delay and before any CSE/CPSE meeting or hearing, and in no case more than 45 calendar days after the request (8 NYCRR Section 200.5(d)). Parents have the right to receive prior written notice whenever the district proposes to or refuses to initiate or change the identification, evaluation, educational placement, or the provision of FAPE (8 NYCRR Section 200.5(a)). The CSE/CPSE must provide parents with a copy of the NYSED Parent's Guide or a locally approved handbook as soon as practicable after a referral for evaluation, as required by Education Law Section 4402(1)(b)(6). Parents have the right to revoke consent for the continued provision of special education services in writing (8 NYCRR Section 200.5(b)(5)). Parents also have the right to obtain an independent educational evaluation at public expense if they disagree with the district's evaluation (8 NYCRR Section 200.5(g)). Recording of CSE/CPSE meetings is subject to New York's all-party consent law: all participants must consent before any audio or video recording may be made of an IEP meeting (NY Penal Law §250.05). For parents who enroll their child in a nonpublic school, the district of location must develop an Individualized Education Services Program (IESP) rather than an IEP, documenting the services to be provided at public expense (Education Law Section 3602-c).