§ 45.54 - Access rights.

(a) Each school and Agency must permit parents to inspect and review any records directly relating to their children which are collected and maintained by them or by a party acting for the school.

(b) A parental request to inspect and review records must be honored without unnecessary delay and before any meeting regarding an IEP or hearing relating to the identification, evaluation, or placement of the child, and in no case more than fourteen (14) days after the request has been made. The right to inspect and review educational records under this section includes:

(1) The right to a response to reasonable requests for explanations and interpretations of the records;

(2) The right to request that copies of the records containing the information be provided at no cost to the parents;

(3) The right to have a representative of the parent (authorized in writing) inspect and review the records.

(4) The right to place a statement in the records a school maintains on a child. Such statement may comment on any information or set forth any reason for disagreeing with the decisions of the Agency. Any explanation placed in the records must be maintained by the Agency. If the contested portion of the record is disclosed to any party, the parent's explanation must also be disclosed.

(c) The parent shall be presumed to have authority to inspect and review records relating to his or her child unless the school has been advised, in writing, that the parent does not have the authority under applicable tribal or state law governing such matters as guardianship, separation, and divorce.

(d) A record of parties obtaining access to education records (except access by parents and authorized employees of the school) must be kept and must include the name of the party, and the date access took place.

(e) Parents, upon request, shall be provided with a list of the types and the purpose of the authorized use of education records of their child.

(f) If any education record includes information on more than one child, the parents of those children shall have the right to inspect and review only the information relating to their child or to be informed of that specific information.

(g) A parent who believes that information in the education records is inaccurate or misleading or violates the privacy or other rights of the child, may request that the information be amended. The school or Agency must decide whether to amend the information as requested within fourteen (14) days of receipt of request. If the school or Agency decides to refuse to amend the information, it must inform the parent of the refusal and advise the parent of the right to a hearing.