I was recently preparing for an IEP when the school district representative indicated that they wouldn’t be able to provide the assessment reports until the day of the IEP. The staff recognized providing the reports prior to the IEP as “best practices.” This is not the law.
34 CFR 300.613(a) provides the legal requirement for the school district to permit parents to inspect and review any education records relating to their children, including assessment reports. If a parent makes a request, the school district is required to comply without unnecessary delay and before any meeting regarding an IEP.
Case law supports a parent’s rights to review the assessment reports prior to the IEP. “[T]he informed involvement of parents” is central to the IEP process. (Winkelman v.Parma City School Dist. (2007) 550 U.S. 516, 524 [127 S.Ct. 1994]. Protection of parental participation is “[a]mong the most important procedural safeguards” in the Act. (Amanda J. v. Clark County School Dist. (9th Cir. 2001) 267 F.3d 877, 882.)
Parents should always request a copy of their child’s educational records, including assessment reports, prior to an IEP. In order to provide enough time to receive the documents and review them I suggest making the request at least two weeks prior to the scheduled IEP.
Should you have any further questions, please contact Kristin Springer at specialedlegaljourney@comcast.net.
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