As a parent of a child who has been referred for special education services or who is already receiving special education benefits, you and your child have certain rights which are protected by state or federal law. We want you to know about these rights.

 

RECORDS:

1.)   Right to examine all records relating to your child without unnecessary delay after parents~ request and before any meeting regarding an IEP or hearing and, in no case, more than 45 days after request.

2.) Right to have a representative appointed by you to review the records.

3.)   Right to request that the agency provide copies of the records if failure to provide those copies would effectively prevent the parent from exercising the right to inspect and review the records.

4.)   Right to have the agency presume that a parent has authority to inspect and review records of his or her child unless agency has been advised that parent does not have authority under state law.

5.)   Right to inspect and review only the information relating to their child if any education record includes information on more than one child.

6.)   Right to have the public agency keep a record of parties obtaining access to education records collected, maintained, or used under this part (except access by parents and authorized employees of the participating agency), including the name of the party, the date access was given, and the purpose for which the party is authorized to use the records.

7.) Right to have the participating agency search for or retrieve information without charge.

8.)   A parent may be charged a fee for copies of records which arc made for parents if the fee does not effectively prevent the parents from exercising their right to inspect and review those records.

9.)   Right to be informed of all types and locations of records being collected, maintained or used by the agency.

10.) Right to ask for an explanation of any item in the records.

11.)  Right to ask for an amendment of any record if it is inaccurate, misleading or violates the privacy or other rights of the child.

12.)  Right to be informed of refusal and right to a hearing if the agency refuses to make the requested amendment.                         

 

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august 1997