Opportunity to examine records — Parent participation in meetings
Arkansas Code § 6-11-105; Arkansas Code § 6-41-207
(a) Opportunity to examine records. The parents of a child with a disability must be afforded, in accordance with the procedures of 6 CAR §§ 130-1601 – 130-1609 and 34 C.F.R. §§ 300.613 – 300.621, an opportunity to inspect and review all education records with respect to the:
- (1) Identification, evaluation, and educational placement of the child; and
- (2) Provision of FAPE to the child.
(b) Parent participation in meetings.
(1) The parents of a child with a disability must have any opportunity to participate in meetings with respect to the:
- (A) Identification, evaluation, and educational placement of the child; and
- (B) Provision of FAPE to the child.
- (2) Each public agency shall provide notice consistent with 6 CAR § 130-806(a)(1) and (b)(1) and 34 C.F.R. § 300.322(a)(1) and (b)(1) to ensure that parents of children with disabilities have the opportunity to participate in meetings described in subdivision (b)(1) of this section.
(3) A meeting does not include:
- (A) Informal or unscheduled conversations involving public agency personnel and conversations on issues such as:
(i) Teaching methodology;
(ii) Lesson plans; or
- (iii) Coordination of service provision; or
(B) Preparatory activities that public agency personnel engage in to develop a proposal or response to a parent proposal that will be discussed at a later meeting.
- (c) Parent involvement in placement decisions.
- (1) Each public agency must ensure that a parent of each child with a disability is a member of any group that makes decisions on the educational placement of the parent’s child.
- (2) In implementing the requirements of subdivision (c)(1) of this section, the public agency must use procedures consistent with the procedures described in 6 CAR § 130-806(a)(1) and (b)(1) and 34 C.F.R. § 300.322(a) – (b)(1).
(3) If neither parent can participate in a meeting in which a decision is to be made relating to the educational placement of their child, the public agency must use other methods to ensure their participation, including:
- (A) Individual or conference telephone calls; or
- (B) Video conferencing.
(4)
- (A) A placement decision may be made by a group without the involvement of a parent if the public agency is unable to obtain the parent’s participation in the decision.
- (B) In this case, the public agency must have a record of its attempt to ensure their involvement.