[KatyAutismSupport] ARD question - Getting ARD records

[Guest guest]

Response to question, what is the district obligated to do when a parent requests paperwork before the ARD?Please make the requesting in writing. Call the special ed director of the District to express any concerns about not getting the records. At the next ARD, do sign unless you have the complete document in front of you.Under FERPA it is no more than 45 days, as a open records request or request to review records usually quicker Chapter and verse per the regs are below With regard to providing parents with copies of all

evaluations,CFR 300.501 (a) affords

parents an opportunity to inspect and review all education records with

respect to the identification, evaluation, and educational placement of the

child, and the provision of FAPE to the child.A district must permit parents to inspect and review

any education records relating to their children that are collected,

maintained, or used by the district under the IDEA. The district must

comply with the request without unnecessary delay and before any meeting

regarding an IEP, or any hearing or resolution session, and in no case more

than 45 days after the request has been made.CFR 300.613Parents have the right to request that a district

provide copies of education records, if the failure to provide those

copies would effectively prevent the parent from exercising the right to

inspect and review the records. The term "effectively prevent"

has been interpreted to mean that, for example, a parent shall receive

copies of records when he resides too far from the school district to make

inspection in person a reasonable option. Letter to Kincaid,

(OSERS 1989); CFR 300.613 ((2) Nonetheless, districts

typically provide copies of records to parents upon request. Also the Texas Education Code Chapter 26 has several very strong provisions regarding parent access records ( see below ) Sec. 26.004. ACCESS TO STUDENT RECORDS. A parent is entitled to access to all written records of a school district concerning the parent's child, including:(1) attendance records;(2) test scores;(3) grades;(4) disciplinary records;(5) counseling records;(6) psychological

records;(7) applications for admission;(8) health and immunization information;(9) teacher and counselor evaluations; and(10) reports of behavioral patterns.Sec. 26.006. ACCESS TO TEACHING MATERIALS. (a) A parent is entitled to:(1) review all teaching materials, instructional materials, and other teaching aids used in the classroom of the parent's child; and(2) review each test administered to the parent's child after the test

is administered.( A school district shall make teaching materials and tests readily available for review by parents. The district may specify reasonable hours for review. Beinke

Director of Advocacy

http://www.cirkielaw.com/

http://www.stopschoolbullyingnow.com/

[Guest guest]

Thanks !! Graham-Garza,DDSlgrahamgarza@...Sent from my iPhone

Response to question, what is the district obligated to do when a parent requests paperwork before the ARD?Please make the requesting in writing. Call the special ed director of the District to express any concerns about not getting the records. At the next ARD, do sign unless you have the complete document in front of you.Under FERPA it is no more than 45 days, as a open records request or request to review records usually quicker Chapter and verse per the regs are below With regard to providing parents with copies of all

evaluations,CFR 300.501 (a) affords

parents an opportunity to inspect and review all education records with

respect to the identification, evaluation, and educational placement of the

child, and the provision of FAPE to the child.A district must permit parents to inspect and review

any education records relating to their children that are collected,

maintained, or used by the district under the IDEA. The district must

comply with the request without unnecessary delay and before any meeting

regarding an IEP, or any hearing or resolution session, and in no case more

than 45 days after the request has been made.CFR 300.613Parents have the right to request that a district

provide copies of education records, if the failure to provide those

copies would effectively prevent the parent from exercising the right to

inspect and review the records. The term "effectively prevent"

has been interpreted to mean that, for example, a parent shall receive

copies of records when he resides too far from the school district to make

inspection in person a reasonable option. Letter to Kincaid,

(OSERS 1989); CFR 300.613 ((2) Nonetheless, districts

typically provide copies of records to parents upon request. Also the Texas Education Code Chapter 26 has several very strong provisions regarding parent access records ( see below ) Sec. 26.004. ACCESS TO STUDENT RECORDS. A parent is entitled to access to all written records of a school district concerning the parent's child, including:(1) attendance records;(2) test scores;(3) grades;(4) disciplinary records;(5) counseling records;(6) psychological

records;(7) applications for admission;(8) health and immunization information;(9) teacher and counselor evaluations; and(10) reports of behavioral patterns.Sec. 26.006. ACCESS TO TEACHING MATERIALS. (a) A parent is entitled to:(1) review all teaching materials, instructional materials, and other teaching aids used in the classroom of the parent's child; and(2) review each test administered to the parent's child after the test

is administered.( A school district shall make teaching materials and tests readily available for review by parents. The district may specify reasonable hours for review. Beinke

Director of Advocacy

http://www.cirkielaw.com/

http://www.stopschoolbullyingnow.com/

[Guest guest]

Dear :Do parents (taxpayers) also have the right to file a FOIA request with districts to find out how much they spend of taxpayer money to attend an ARD for the sole purpose of intimidating the parents?

Thanks.