NC Education Code · NC Policy Manual
NC 1505-2.4 Access Rights
Plain English summary
This regulation requires LEAs to allow parents to inspect and review their child's education records without unnecessary delay, and no later than 45 days after a request, with specific timing requirements tied to IEP meetings, hearings, and resolution sessions. Parents have the right to explanations, copies when necessary, and may designate a representative to review records on their behalf. LEAs may assume parental authority to access records unless notified otherwise under applicable state law.
Key requirements
- Each LEA must permit parents to inspect and review any education records relating to their children that are collected, maintained, or used by the LEA under these Policies.
- The LEA must comply with a request without unnecessary delay and before any meeting regarding an IEP, or any hearing pursuant to NC 1504-1.8 or NC 1504-2.1 through NC 1504-2.3, or resolution session pursuant to NC 1504-1.11 and in no case more than 45 days after the request has been made.
- The right to a response from the LEA to reasonable requests for explanations and interpretations of the records.
- The right to request that the LEA 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 have a representative of the parent inspect and review the records.
- An LEA may presume that the parent has authority to inspect and review records relating to his or her child unless the LEA 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
- Local Education Agencies (LEAs)
- Parents of children with disabilities
- Parent representatives
- IEP teams
- Students with disabilities