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005.18.16-16.01. Access Rights.

AR ADC 005.18.16-16.01Arkansas Administrative Code

West's Arkansas Administrative Code
Title 005. Department of Education
Division 18. Special Education and Related Services
Rule 16. Confidentiality
Ark. Admin. Code 005.18.16-16.01
005.18.16-16.01. Access Rights.
Currentness
16.01.1 Each participating agency must permit parents to inspect and review any education records relating to their children that are collected, maintained, or used by the agency under Part B of the IDEA and these regulations. The agency must comply with a request without unnecessary delay and before any meeting regarding an IEP, or any hearing pursuant to 34 CFR 300.507 and 300.530 -300.532 or ยง 10.00 of these regulations, or resolution session pursuant to 34 CFR 300.510, and in no case more than 45 days after the request has been made.
16.01.2 The right to inspect and review education records under this section includes
16.01.2.1 The right to a response from the participating agency to reasonable requests for explanations and interpretations of the records;
16.01.2.2 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
16.01.2.3 The right to have a representative of the parent inspect and review the records.
16.01.3 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 law governing such matters as guardianship, separation, and divorce.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 005.18.16-16.01, AR ADC 005.18.16-16.01
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