Cal. Code Regs. tit. 17 § 52164

Current through Register 2024 Notice Reg. No. 36, September 6, 2024

Section 52164 - Access Rights

(a) A regional center and/or LEA shall permit the parent or authorized representative to inspect and review any record relating to their infant or toddler.

(b) The regional center and/or LEA shall comply with a request for access to records before any meeting regarding an IFSP or any hearing relating to the identification, evaluation, assessment, placement, or the provision of early intervention services to the infant or toddler and in no case more than 5 working days after the request has been made.

(c) A regional center and/or LEA shall respond to requests for explanations and interpretations of the content of a record from parents with the requested explanation or interpretation.

(d) A regional center and/or LEA may presume that the parent has authority to inspect and review records relating to their infant or toddler unless there is a court order, state statute, or legally binding document relating to such matters as divorce, separation or custody that specifically revokes those rights.

(e) Each service coordinator shall provide parents, on request, a list of the types and locations of records collected or used by the regional center or LEA.

Cal. Code Regs. Tit. 17, § 52164

1. New article 2 (sections 52164-52169) and section filed 8-4-97 as an emergency; operative 8-4-97 (Register 97, No. 32). Pursuant to Government Code section 95028(c), a Certificate of Compliance must be transmitted to OAL by 1-31-98, or emergency language will be repealed by operation of law on the following day.
2. New article 2 (sections 52164-52169) and section, including amendment of NOTE, refiled 1-30-98 as an emergency; operative 1-31-98 (Register 98, No. 5). A Certificate of Compliance must be transmitted to OAL by 6-1-98 or emergency language will be repealed by operation of law on the following day.
3. New article 2 (sections 52164-52169) and section refiled 6-1-98 as an emergency; operative 6-1-98 (Register 98, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-29-98 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 6-1-98 order, including amendment of subsection (c) and NOTE, transmitted to OAL 6-16-98 and filed 7-28-98 (Register 98, No. 31).

Note: Authority cited: Sections 95009 and 95028, Government Code. Reference: Sections 1435(a)(13) and 1439(4), Title 20 United States Code; Sections 300.562, 300.565, 300.576, 303.402 and 303.460, Title 34 Code of Federal Regulations; and Section 95007(g), Government Code.

1. New article 2 (sections 52164-52169) and section filed 8-4-97 as an emergency; operative 8-4-97 (Register 97, No. 32). Pursuant to Government Code section 95028(c), a Certificate of Compliance must be transmitted to OAL by 1-31-98, or emergency language will be repealed by operation of law on the following day.
2. New article 2 (sections 52164-52169) and section, including amendment of Note, refiled 1-30-98 as an emergency; operative 1-31-98 (Register 98, No. 5). A Certificate of Compliance must be transmitted to OAL by 6-1-98 or emergency language will be repealed by operation of law on the following day.
3. New article 2 (sections 52164-52169) and section refiled 6-1-98 as an emergency; operative 6-1-98 (Register 98, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-29-98 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 6-1-98 order, including amendment of subsection (c) and Note, transmitted to OAL 6-16-98 and filed 7-28-98 (Register 98, No. 31).