La. Admin. Code tit. 28 § XLIII-613

Current through Register Vol. 50, No. 11, November 20, 2024

Section XLIII-613 - Access Rights

A. 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 §507 or §530 through 532, or resolution session pursuant to §510, and in no case more than 45 days after the request has been made.

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

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

2. the right to request that the agency provide copies of the records containing the information if failure to provide those copies would effectively prevent the parent from exercising the right to inspect and review the records; and

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

C. 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 law governing such matters as guardianship, separation, and divorce.

La. Admin. Code tit. 28, § XLIII-613

Promulgated by the Board of Elementary and Secondary Education, LR 34:2082 (October 2008).

AUTHORITY NOTE: Promulgated in accordance with R.S.17:1941 et seq.