14 Del. Admin. Code § 927-13.0

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

Section 927-13.0 - Rights to Access Educational Records

13.1 Each participating agency shall permit parents to inspect and review any education records relating to their children that are collected, maintained, or used by the agency under these regulations. The agency shall comply with a request without unnecessary delay and before any meeting regarding an IEP, or any hearing pursuant to DE Admin. Code 926.7.0 or 926.30.0 through 926.32.0 or resolution session pursuant to DE Admin. Code 926.10.0, and in no case more than 45 days after the request has been made.

13.2 The right to inspect and review education records under this section includes:

13.2.1 The right to a response from the participating agency to reasonable requests for explanations and interpretations of the records;

13.2.2 The right to request that the agency provide copies of the records, except the actual evaluation or examination instrument; and

13.2.3 The right to have a representative of the parent inspect and review the records.

13.3 An agency may presume that the parent has authority to inspect and review records relating to his or her child unless the agency has been advised that the parent does not have the authority under applicable State laws governing such matters as guardianship, separation, and divorce.

(Authority: 20 U.S.C. 1412(a)(8); 1417(c); 14 Del.C. §§ 3110 and 4111)

14 Del. Admin. Code § 927-13.0

14 DE Reg. 1067 (04/01/11)