34 CFR 300.613 Access Rights (a) 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 part. The agency must comply with a request without unnecessary delay and before any meeting regarding an IEP, or any hearing pursuant to §300.507 or §§300.530 through 300.532, or resolution session pursuant to §300.510, and in no case more than 45 days after the request has been made. Yes No Yes No (b) The 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; Yes No Yes No (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 Yes No Yes No (3) The right to have a representative of the parent inspect and review the records. Yes No Yes No (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. Yes No Yes No 34 CFR 300.614 Record of Access Each participating agency must keep a record of parties obtaining access to education records collected, maintained, or used under Part B of the Act (except access by parents and authorized employees of the participating agency), including the name of the party, the date access was given, and the purpose for which the party is authorized to use the records. Yes No Yes No 34 CRF 300.615 Record on More than One Child If any education record includes information on more than one child, the parents of those children have the right to inspect and review only the information relating to their child or to be informed of that specific information. Yes No Yes No
(3) The needs, problems, situations, or patterns best addressed by the program; Yes No Yes No (4) Any other criteria for admission; Yes No Yes No (5) Criteria for discharge; and Yes No Yes No (6) Any preplacement requirements for the child, the parent, and/or the placing agency. Yes No Yes No (7) Accessibility to educational materials. Yes No Yes No Responsibilities of Private Providers of Special Education Ed 1114.06(a) Each private provider of special education or other non-LEA program shall, in all matters concerning possible changes and/or modifications in the identification, evaluation, development and/or revision of an IEP, or changes in placement of a child with a disability, contact the sending school district for the purpose of initiating the process for changing any of the above in compliance with Ed 1109.05. Yes No Yes No Ed 1114.06(c) Each private facility or other non-district program shall provide all transportation required for the implementation of any IEP, or portion of any IEP, which the program has agreed to implement. Yes No Yes No Ed 1114.06(f) Daily lesson plans shall be clear, concise, and reflective of the IEP goals for each child. They shall reflect any staff input and related reports and evaluations provided by the agencies responsible for the student’s education and welfare. Yes No Yes No Ed 1114.06(h) If a private provider of special education or other non-LEA program determines that any child with a disability placed at the facility or program is not making progress toward meeting his or her IEP goals at the rate anticipated, the facility or program shall immediately contact the LEA for the purpose of reviewing the IEP and considering modifications. Yes No Yes No Behavioral Interventions
Ed 1114.12(b) An IEP meeting convened under Ed 1114.12 shall: (1) Review the child’s needs; Yes No Yes No (2) Determine whether the current IEP meets the needs of the child and, if appropriate, propose changes to the IEP; Yes No Yes No (3) Review the child’s current placement; and Yes No Yes No (4) Determine whether the placement can fully implement the child’s IEP and provide FAPE. Yes No Yes No Ed 1114.12(d) If a private provider of special education or other non-LEA program wishes to suspend or expel a child, it shall immediately inform the LEA. The LEA shall comply with the disciplinary procedures in 34 CFR 300.530- 34 CFR 300.536. Yes No Yes No Physical Facilities Ed 1114.16(b) Each private provider of special education or other non-LEA program shall develop a written schedule of maintenance and housekeeping activities to ensure that the grounds and facilities are safe and promote the health of children enrolled in the program. Ed 1114.16(d) Each private provider of special education or other non-LEA program shall have written procedures to protect children from hazards such as: (1) The presence of asbestos; Yes No Yes No (2) The presence of lead paint; Yes No Yes No (3) Storage of hazardous materials; Yes No Yes No (4) Garbage disposal; Yes No Yes No (5) Vermin infestation; Yes No Yes No (6) Storage of food; Yes No Yes No (7) Storage of medicines; and Yes No Yes No (8) Any unsafe access to electrical, plumbing, and heating systems. Yes No Yes No Ed 1114.16(e) A private facility or other non-LEA program shall have a policy that ensures that bathrooms, classrooms, and other areas where children spend time at the facility, are regularly cleaned to maintain health and sanitation. Yes No Yes No