Delaware Code Title 14 Sec. 3130 – Opportunity to examine records and educational program
(a) The parents of a child with a disability, either personally or through a representative, shall be afforded an opportunity to inspect and review all relevant records with respect to:
(1) The identification, evaluation and educational program and placement of the child; and
(2) The provision of a free, appropriate, public education to the child.
Terms Used In Delaware Code Title 14 Sec. 3130
- Child: means a person of 3 years of age, or an earlier age if otherwise provided in this title, until the receipt of a regular high school diploma or the end of the school year in which the person attains the age of 22, whichever occurs first. See Delaware Code Title 14 Sec. 3101
- Child with a disability: means a child who because of mental, physical, emotional, developmental, speech or learning disability problems, as defined by the Department of Education rules and regulations approved by the State Board of Education, requires special education and related services in order to develop that person's own capabilities. See Delaware Code Title 14 Sec. 3101
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(b) The parents shall have the right to obtain copies of all records, except the actual evaluation or examination instrument, described in subsection (a) of this section either without charge, or, at the discretion of the district or state agency, at a fee not to exceed actual cost. Under no circumstances shall a fee be assessed which effectively prevents parents from exercising their right to inspect, review and copy records.
(c) The parents of a child with a disability shall have the right to visit and observe, either personally or through a representative, their child’s current or proposed public educational program.