Iowa Admin. Code r. 281-41.613 - Access rights
(1)
General. 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 this chapter. The agency
must comply with a request without unnecessary delay and before any meeting
regarding an IEP , any hearing pursuant to rule
281-41.507 (256B, 34CFR300) or
rules 281-41.530 (256B, 34CFR300) to
281-41.532 (256B, 34CFR300), or
any resolution session pursuant to rule
281-41.510 (256B, 34CFR300 ), and
in no case more than 45 days after the request has been made.
(2)
Extent of right to inspect and
review. The right to inspect and review education records under this
rule includes the following:
a. The right to a
response from the participating agency to reasonable requests for explanations
and interpretations of the records;
b. 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
c. The right to have a representative of the
parent inspect and review the records.
(3)
Who may inspect and
review. An agency may presume that the parent has authority to inspect
and review records relating to the parent's 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.
Notes
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