Page 13 - Procedural_Safeguards_PartCregs
P. 13

ACCESS RIGHTS

                                 You  have  a  right  to  inspect  and
                                 review  any  early  intervention
                                 records  relating  to  your  child
                                 collected, maintained or used by
                                 WVBTT.  The RAU shall comply
                                 with your request to inspect and
                                 review     records     without
                                 unnecessary  delay  and  before
                                 any  meeting  regarding  an  IFSP
                                 or    hearing    relating   to
                                 identification,   evaluation,   or
                                 placement  or  the  provision  of
                                 appropriate early intervention services to your child. Such records
                                 will be made available to you no later than ten calendar days after
                                 the request has been made.

                                 The right to inspect and review early intervention records includes:
                                    •   The  right  to  a  response  from  the  RAU  or  respective
                                        service  coordinators or service practitioners to reasonable
                                        requests for explanations and interpretations of the early
                                        intervention record;
                                    •   The  right  to  request  that  the  RAU  provide  copies  of  the
                                        early  intervention  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
                                    •   The  right  to  have  someone  who  is  representing  you
                                        inspect and   review the record with your written consent.

                                 A RAU may presume that a parent has the authority to inspect and
                                 review records relating to his or her child unless the agency has
                                 been  provided  documentation  that  the  parent  does  not  have  the
                                 authority  under    applicable  West  Virginia  law  governing  such
                                 matters as guardianship, separation, divorce, custody, and foster
                                 care.

                                 RECORD OF ACCESS

                                 Each participating agency shall keep a record of parties obtaining
                                 access to early intervention records collected, maintained or used
                                 under  Part  C  of  IDEA  (except  access  by  you  and  authorized
                                 employees  and  representatives  of  the  participating  agency)
                                 including the name of the party, the date access was given, and
                                 the  purpose  for  which  the  party  is  authorized  to  use  the  early
                                 intervention records.

                                 RECORDS ON MORE THAN ONE CHILD

                                 You  have  the  right  to  inspect  and  review  only  the  information
                                 relating to your child or to be informed of that specific information
                                 pertaining to your child if any record includes information on more








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