By Melissa Powers, Esq.
The do’s and don’t’s of school observations are tricky; it is an area of law that is underdeveloped and incredibly fact sensitive. As you read the Q&A, keep in mind that schools often err on the side of being too restrictive and protective, whereas many times parents want expanded access, which can pose challenges for the school.
As a parent, if you are denied access, the first step is to take a deep breath. Then ask for the specific reason and the related policy so you can see what the school is basing its decision on. Also, remind the school you are an equal member of the IEP team.
Two tips of the trade: as a practical matter, you can try and get parental observations included in your child’s IEP. If the IEP itself speaks to it, you may be eliminating a hurdle down the road. Second, know your avenues for relief.
Below are some of the most common questions about this topic I come across. Please remember that this issue always requires a fact-sensitive inquiry. While these answers are meant to help guide you, your particular circumstances may be different. This section is not legal advice and does not replace it.
Q: As a parent, am I allowed to observe the classroom recommended for my child, even if my child is not in that class yet?
A: Absolutely—it is always important to remember that you, the parent, are an integral part of the IEP team. As such, you need to be able to make informed decisions about your child’s placement. Before any proposed IEP can be implemented, you need to have an opportunity to observe what the proposed placement includes. This is the only way to make sure you have the same access to the information the other members of the IEP team have and the ability to make an informed choice for your child.
Q: As a parent, can I observe my child in their classroom once they are placed?
A: It might seem that this question should have an easy and obvious answer. Unfortunately, the Individuals with Disabilities Education Act (IDEA) does not speak to a parent’s right to access to the classroom once their child is placed. As the law has developed, districts have been encouraged to create their own local policies addressing this issue.
However, a district would have difficulty rationalizing denying a parent some sort of access to their child’s classroom. It relates back to the above answer, in which a parent is a meaningful part of the IEP team. If everyone else on the team has access to your child’s classroom and is using information gleaned through that observation to make decisions, it stands to reason that parents should have enough access to be able to take part in the decision-making process as well.
This would be particularly true if the school is proposing a change in placement. If a change is proposed, it would stand to reason that a parent would need classroom access in order to adequately compare the placement options.
Q: Can a parent observe at lunch, gym, and other less structured times?
A: It depends on multiple factors. While the law does not directly address this, I would default to the basic answer: if this kind of access is necessary for the parent to be a meaningful member of the IEP team, the parent should be able to observe. For instance, if there is a Behavior Intervention Plan (BIP) with goals focused around behavior in the lunchroom, there may be some merit to the parent observing at lunchtime. Or, if a child receives integrated physical therapy in physical education class, it has a direct impact on the child’s special education and related services needs.
Q: Is there a limit to the amount of time I, as a parent, can spend observing my child (i.e., 15 minutes) or the number of visits (not more than once a month) I can make to observe?
A: Maybe. The first thing you would want to review is the school’s policy on observations for neurotypically developing students as well as any policies directed toward children with disabilities. The access granted for parents of children with disabilities cannot be more restrictive than the access that is granted to the parents of their nondisabled peers. The question is: “Can the district limit all parents’ access with somewhat arbitrary restrictions?” Here, the answer is “probably yes”; however, establishing this would require a review of each policy on a case-by-case basis to see if the policy is overly restrictive or discriminatory.
If you are unreasonably being denied the ability to observe your child’s program, you can challenge the denial in writing. Depending upon the district’s rationale for the denial, your avenues for relief may be different, but they certainly exist and you should tailor the relief you are seeking to the nature of the reason for the denial or restriction.
Q: Is it unreasonable that the visit be arranged within a week or so, or should a parent be expected to wait several weeks for an appointment to observe in school?
A: Especially if you are asking to go for a specific reason or to observe a newly developing problem, there is reason to believe that delaying access could be detrimental to your role in the IEP process. Assuming there is no policy, a request to observe should be addressed in a reasonable amount of time to allow you to gather the information you would need to be able to participate in the IEP process.
Q: Can my local public school prohibit a private expert or consultant (whom I have paid) from visiting and observing?
A: No. If the consultant or expert is preparing a report that would be considered in the creation of the IEP, the school must allow the same access to the professional that would be allowed to their own staff who was creating a similar report. If the school’s behaviorist gets 30 minutes to observe a classroom and prepare an evaluation, the law provides for your private behaviorist to have the same access in order to prepare a similar report.
Q: Can I have an advocate join me when I observe?
A: The first step is to see if the district has an existing policy that speaks to this, because this is not provided for by law. Advocates, more so than experts, may be likely to have their access restricted because their involvement in the process is not clinical in nature. While they may be there to support you, they do not have the same level of deference and protection on the IEP team as you—the parent—do.
Q: Can a school cite confidentiality rules as a reason for a parent, expert, or advocate to be prohibited from visiting or observing a class?
A: While schools may try to do this, they cannot. If this were the case, a parent would not be allowed to observe proposed placements, and that is provided for by law.
There are two considerations. First, a school’s policy may restrict access for everyone, but especially for nonparents. With that in mind, the reason for the observation becomes a central component as to the access that may or may not be granted. Second, FERPA protects educational records—it is not a blanket restriction on observations. Case law as to what educational records are is still developing, but there is no reason for a school to hide behind a FERPA policy to restrict parental observations of a classroom.
Q: Is a parent allowed to visit/observe ONLY the class in which their child might be placed, or can they visit other classrooms as well?
A: Practically speaking, a parent should only be visiting classrooms that some members of the IEP team (including themselves) believe may be an appropriate placement for the child. The law is protecting their role as an equal member of the IEP team; it is not granting them carte blanche to observe any and all programs in the school.
Q: Is a parent required to tell the district if they plan to visit an out-of-district school program?
A: It depends. If the out-of-district school is willing to set up a tour or invite you to observe their program, you are free to go without informing your school district. However, if it is a formal intake, many private schools will not do it without the district supplying the educational records of the child and coordinating the meeting. The bottom line: there is no reason that you cannot contact the alternative school to ask; there is also no guarantee as to what their response will be.
About the Author:
Melissa Powers, Esq. is an attorney with the law firm Hinkle, Fingles, Prior and Fischer. With offices statewide, the firm specializes in disability law and special education matters. https://hinkle1.com
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