 Massachusetts General Law chapter 71B section 3 (which became effective on January 8, 2009) grants parents and parent-designated consultants the right to observe their child's current or proposed program. Observation offers valuable insight into the program, often more valuable than the written description of the program in the draft IEP. Through observation, parents and their designees can experience first-hand the program's physical environment, the skill and demeanor of classroom personnel, and the types of other students participating in the program. Through observation parents become more informed about the optimal placement for their child.
3 Comments
Michelle K.
7/27/2011 06:30:09 am
I wonder then if it would follow that if a parent obtains an IEE at the school districts' cost, that the required observation would also be paid for by the school district? 7/27/2011 07:06:56 am
The observation is required in the sense that the school must allow the observation to take place. If the school has only agreed to fund an IEE, the school would not be required to fund an additional observation unless parents could prove an observation is required in order for the IEE to be "comprehensive and appropriate."
David Bohanan
9/19/2012 08:01:36 am
What if a school denies a request with no proposed alternatives and imposes unilateral restrictions on the observation? What is the recourse? The BSEA takes so long to act and doesn't seem to have a mechanism for an emergency motion that "timely access" is rendered meaningless, but if you go right to court the school can argue that you did not exhaust statutory remedies. The school still wins. Again. Thanks. Your comment will be posted after it is approved.
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