§ 300.613 Access rights.

Plain English summary

This section requires participating agencies to allow parents to inspect and review any education records collected, maintained, or used by the agency, responding to requests without unnecessary delay and within 45 days. The right to inspect includes receiving explanations, obtaining copies when necessary to exercise the right, and having a representative review records on the parent's behalf. Agencies may presume parental authority to access records unless notified otherwise under applicable state law.

Key requirements

• 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.
• The right to inspect and review education records includes the right to a response from the participating agency to reasonable requests for explanations and interpretations of the records.
• The right to inspect and review education records includes 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.
• The right to inspect and review education records includes the right to have a representative of the parent inspect and review the records.
• 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.

Affected parties

• parents
• participating agencies
• parent representatives
• students with disabilities

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.613