Section 281.41.501. Opportunity to examine records; parent participation in meetings.

       41.501(1) Opportunity to examine records. The parents of a child with a disability must be afforded, in accordance with the procedures of rules 281—41.613(256B,34CFR300) to 281—41.621(256B,34CFR300), an opportunity to inspect and review all education records with respect to:

        a.           The identification, evaluation, and educational placement of the child; and

        b.           The provision of FAPE to the child.

       41.501(2) Parent participation in meetings.

        a.           The parents of a child with a disability must be afforded an opportunity to participate in meetings with respect to:

       (1)             The identification, evaluation, and educational placement of the child; and

       (2)             The provision of FAPE to the child.

        b.           Each public agency must provide notice consistent with 41.322(1)“a” and 41.322(2)“b” to ensure that parents of children with disabilities have the opportunity to participate in meetings described in 41.501(2)“a.”

        c.           A meeting does not include informal or unscheduled conversations involving public agency personnel and conversations on issues such as teaching methodology, lesson plans, or coordination of service provision. A meeting also does not include 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.

       41.501(3) Parent involvement in placement decisions.

        a.           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.

        b.           In implementing the requirements of 41.501(3)“a,” the public agency must use procedures consistent with the procedures described in 41.322(1) to 41.322(2)“a.”

        c.           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 individual or conference telephone calls, or video conferencing.

        d.           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. In this case, the public agency must have a record of its attempt to ensure parental involvement.