AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SPECIAL EDUCATION RECORDS.

Plain English Breakdown

The effective date is not specified in the provided text; it may be upon signature or a future date.

HB11: Changes to Special Education Record Access in Delaware

This law updates Delaware rules to match federal laws and clarifies that parents or their representatives can get copies of a student's special education records.

What This Bill Does

• Updates state special education laws to align with the Individuals with Disabilities Education Act (IDEA) and its regulations.
• Allows parents or their chosen representatives to inspect and review all relevant school records about a child's identification, evaluation, program, placement, and free appropriate public education.
• Gives parents or representatives the right to obtain copies of these records, excluding actual test instruments used for evaluation.
• Requires schools to provide record copies for free or charge only the actual cost if they choose.

Who It Names or Affects

• Parents of children with disabilities in Delaware
• Representatives acting on behalf of parents
• School districts and state agencies that hold special education records

Terms To Know

Individuals with Disabilities Education Act (IDEA)

The federal law that sets rules for how schools must provide special education services.

Representative

A person chosen by a parent to act on their behalf regarding school records and programs.

Limits and Unknowns

• Schools may charge the actual cost for copies of records, but cannot set fees that stop parents from getting them.
• Parents or representatives can get copies of most records, but not the original evaluation tests or exam tools used to assess the child.

Official Summary Text

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SPECIAL EDUCATION RECORDS.
This Act aligns state special education law with the Individuals with Disabilities Education Act, and its implementing regulations, and also clarifies that a parent’s representative may obtain copies of a student’s special education records.

Current Bill Text

Legislation Document

SPONSOR:

Rep. K. Williams & Sen. Sturgeon

Reps. Burns, Lambert, Neal, Romer, Bush, Chukwuocha, S. Moore; Sens. Hansen, Hoffner, Walsh, Lockman

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 11

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SPECIAL EDUCATION RECORDS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 3130, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 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.

(b) The

parents

parents, either personally or through a representative,

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.

SYNOPSIS

This Act aligns state special education law with the Individuals with Disabilities Education Act, and its implementing regulations, and also clarifies that a parent’s representative may obtain copies of a student’s special education records.