KBB
Also JRC
OBSERVATION OF EDUCATIONAL PROGRAMS BY PARENTS AND THEIR DESIGNEES FOR EVALUATION PURPOSES
The legislature amended section 3 of M.G.L. c. 71B, the state special education law, to require school committees, upon request by a parent, to grant timely and sufficient access by parents and parent-designated independent evaluators and educational consultants (both of whom are referred to in this guidance as "designees") to a child's current and proposed special education program so that the parent and named designees can observe the child in the current program and any proposed program.
Ashburnham-Westminster and parents and their designees have successfully collaborated to achieve timely and sufficient access to programs for observations that have helped parents and their designees better understand the school programs that serve students with disabilities. Parents should request the observation in writing by providing the name of the child or program to be observed, the name(s) of the observer(s) and contact information. No specific form is required. Observations are not intended as an opportunity to speak to or interact with staff or students (including the child specifically being observed).
If the request is from a parent designee and the school has no prior consent to share information with the designee, the school will confirm with the parent that the designee is acting on his or her behalf. If the designee will review the student's records, as is often the case, the school must obtain written permission from the parent for the record review consistent with section 23.07(4) of the Student Records Regulations.
The timely access requirement does not mean that a school district must allow observations on demand, or that parents or designees may unilaterally set a schedule for observations. Principals may take a reasonable period of time to inform school staff and plan the logistical aspects of an observation. Typically, a minimum of 48 hours notice is required. However, the principal may require additional time due to building or staffing needs. Additionally, certain periods of the year, such as during MCAS testing in the child's classroom or the first or last couple of weeks of school, have been designated as times in which observations are not generally scheduled.
The school will permit access to programs that is of "sufficient duration and extent" to accomplish the purpose of the visit, i.e., evaluation of the child's progress in the current program and/or the proposed program's ability to allow the child to make adequate progress. The school may limit the frequency of such observations. While on occasion more than one observation may be warranted per school year, the principal will approve additional observations based upon the stated purpose of the additional observation. Except under extraordinary circumstances, as determined by the principal, no more than four observations will be allowed per student per year in order to protect the integrity of the program during observations.
Parents and designees are generally knowledgeable about and sensitive to issues of student confidentiality and privacy. While this is so, the district will inform observers that in the event that they obtain personally identifiable or confidential information during the course of an evaluation/observation, they will not disclose it (except when it is the information of the student being evaluated, in which case it will be used consistent with the parent's authority and direction).
The observation law states that districts may not condition or restrict program observations except when necessary to protect:
the safety of the children in the program during the observation;
the integrity of the program during the observation; and
children in the program from disclosure by an observer of confidential or personally identifiable information he or she may obtain while observing the program.
Principals may exercise their discretion at any time to reschedule or terminate an observation in the event of a building emergency or a disruption that impacts the physical or emotional well-being of the children in the school or the program being observed.
First Reading: 11/16/10 Second Reading: 11/16/10 ADOPTED: 11/16/10 Reviewed: 9/3/19