14 Del. Admin. Code § 926-1.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 926-1.0 - General Procedural Safeguards and Opportunity to Examine Records and Educational Programs

1.1 Each LEA and other public agency shall establish, maintain, and implement procedural safeguards that meet the requirements of subsection 1.2, Sections 2.0 through 5.0, Sections 10.0, 18.0, 30.0, 31.0, and 33.0 through 36.0 of this regulation.

(Authority: 20 U.S.C. 1415(a); 14 Del.C. § 3110 and 14 Del.C. Ch. 31, Subchapter V)

1.2 Opportunity to Examine Records and Educational Programs

1.2.1 Opportunity to examine records: The parents of a child with a disability, either personally or through representative, shall be afforded an opportunity to inspect and review all relevant education records with respect to the identification, evaluation, and educational placement of the child; and the provision of FAPE to the child.

1.2.2 Parents shall have the right to obtain copies of all educational records, except the actual evaluation or examination instrument, either without charge, or, at the discretion of the public agency, at a fee not to exceed actual cost. Under no circumstances shall a fee be assessed which effectively prevents parents from exercising their right to inspect, review and copy records.

1.2.3The parents of a student with a disability shall have the right to visit and observe, either personally or through a representative, their child's current or proposed educational program. The public agency may require advance notice when parents or guardians wish to visit a proposed educational program.

1.3 Parent participation in meetings: The parents of a child with a disability shall be afforded an opportunity to participate in meetings with respect to the identification, evaluation, and educational placement of the child, and the provision of FAPE to the child.

1.3.1 Each public agency shall provide notice consistent with 14 DE Admin. Code 925, Section 9.0 to ensure that parents of children with disabilities have the opportunity to participate in meetings described in subsection 1.3.

1.3.2 A meeting does not include informal or unscheduled conversations involving public agency personnel and conversations on issues such as teaching methodology, lesson plans, or coordination of service provision. A meeting also does not include preparatory activities that public agency personnel engage in to develop a proposal or response to a parent proposal that will be discussed at a later meeting.

1.4 Parent involvement in placement decisions: Each public agency shall ensure that a parent of each child with a disability is a member of any group that makes decisions on the educational placement of the parent's child.

1.4.1 In implementing the requirements of subsection 1.4, the public agency shall use procedures consistent with the procedures described in 14 DE Admin. Code 925, Section 9.0.

1.4.2 If neither parent can participate in a meeting in which a decision is to be made relating to the educational placement of their child, the public agency shall use other methods to ensure their participation, including individual or conference telephone calls, or video conferencing.

1.4.3 A placement decision may be made by a group without the involvement of a parent, if the public agency is unable to obtain the parent's participation in the decision. In this case, the public agency shall have a record of its attempt to ensure their involvement.

1.5Minutes of Meetings. A parent, a parent's authorized representative, or any public agency conducting a meeting, review or conference may take minutes of the meeting, review or conference concerning a child with a disability's free and appropriate public education. Minutes may be taken by a disclosed recording device or by a stenographer. The cost of recording the minutes is the responsibility of the person or agency electing to take minutes. Once taken, public agency minutes shall be maintained subject to the confidentiality requirements of these regulations and any other applicable Delaware or federal law. If initiated by the public agency, parents must be offered a free digital copy.

(Authority: 20 U.S.C. 1414(e), 1415(b)(1); 14 Del. C. §§ 3110, 3130 and 3131)

14 Del. Admin. Code § 926-1.0

14 DE Reg. 1065 (04/01/11)
19 DE Reg. 1018 (5/1/2016)
26 DE Reg. 847 (4/1/2023) (Final)