(a) The parent of a child eligible under this chapter
must be afforded the opportunity to inspect and review any records
relating to evaluations and assessments, eligibility determination,
development and implementation of the IFSP, individual complaints
dealing with the child, and any other area under this chapter involving
records about the child and the child's family. The records are covered
by FERPA. Any participating agency, institution, or program which
collects, maintains, or uses personally identifiable information from
which information is obtained for the purpose of determining eligibility
for or providing early childhood intervention services will be subject
to these provisions. The contractor shall comply with a request without
unnecessary delay and before any meeting regarding an IFSP or hearing
relating to the identification, evaluation, or placement of the child,
and in no case, more than 10 days after the request has been made.
(b) The right to inspect and review records under this
section includes the right to:
(1) a response from the participating contractor to
reasonable requests for explanations and interpretations of the records;
(2) request that the contractor 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; and
(3) have the parent's representative inspect and review
the records.
(c) The contractor 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.
(d) If any record includes information on more than
one child, the parent of those children shall have the right to inspect
and review only the information relating to their child or to be informed
of that specific information.
(e) The contractor must, on request, provide the parent
a list of the types and locations of service records collected, maintained,
or used by the contractor.
|
Source Note: The provisions of this §350.221 adopted to be effective September 1, 2011, 36 TexReg 5387; amended to be effective July 1, 2012, 37 TexReg 4621; transferred effective March 1, 2021, as published in the Texas Register February 5, 2021, 46 TexReg 941 |