On November 21, , Governor Cuomo signed Chapter 434 of the laws of 2104. School districts are now required, upon a student’s enrollment, to “notify every parent or parent in parental relation of their rights regarding referral and evaluation of their child for the purposes of special education services or programs.” This provision states that the notification may be provided by directing parents to the State Education Department’s website, where a parental guide to special education services may be found. Such notification must also contain the name and contact person of the director of special education, CSE chairperson, or other school administrator with the duty of processing special education referrals. Schools may also provide written notification of these rights.
This law becomes effective on July 1, 2022. What is significant about this provision is that it requires notification to all parents, regardless of whether the student is disabled or not. It also adds another layer to the enrollment process and child find obligations.
Ryan Everhart is a partner in the Education Practice at Hodgson Russ LLP. You can reach him at .
Andrew J. Freedman is a partner in the Education Practice at Hodgson Russ LLP. You can reach him at .