1. (a)

   1. (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 Individuals with Disabilities Education Act and this part.

   2. (2) The agency must comply with a request:

      1. (A) Without unnecessary delay;
      2. (B) Before any:

2. (i) Meeting regarding an IEP;

   1. (ii) Hearing pursuant to 34 C.F.R. §§ 300.507 and 300.530 – 300.532 or 6 CAR § 130-1001 et seq.; or

      1. (iii) Resolution session pursuant to 34 C.F.R. § 300.510; and
      2. (C) In no case more than forty-five (45) days after the request has been made.

3. (b) The right to inspect and review education records under this section includes:

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

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

      1. (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:
   4. (1) Guardianship;
   5. (2) Separation; and
   6. (3) Divorce.

Codification Notes: The Individuals with Disabilities Education Act is codified at 20 U.S.C. § 1400 et seq.