Neither the IDEA nor its implementing regulations give parents (or their advocates, or experts) the right to observe children in the classroom. However, school districts are under increasing pressure to allow such observations. Districts face arguments that refusing to do so is discriminatory, will deny parents the right to meaningful participation in the IEP process, or will deny parents' experts access they need when conducting IEEs. With an eye to what OCR and the courts are saying about this issue, this session will provide practical guidance regarding how administrators can successfully balance a parent's desire for access against legitimate concerns about disruption to the classroom.
Jan E. Tomsky, partner at Fagen Friedman & Fulfrost and one of the nation's most highly respected special education attorneys, will share strategies and action to help avoid successful discrimination challenges.