Are you the parent of a child with a learning disability or autism who

Would you like to observe your school classroom? They have told you

special education staff, who cannot observe your child

classroom? This article will teach you what is allowed under

law on school observations. Going to your child’s classroom and

observing, you can ask for any changes that you think your child

needs. This will help your child receive a proper education.

School personnel may indicate that you are unable to observe due to the

children’s confidentiality; this is false. The Supreme Court ruled in

Owasso Independent School District v. Falvo (534 US 426 2002) who

the confidentiality of other students may not be used as a reason to deny

parent’s comment They established that students do not have

privacy expectation.

Special Education staff may deny you observation of your child’s activity.

placement due to FERPA (Federal Education Rights and Privacy

Act). FERPA does not preclude observation by parents or their

professional representatives. FERPA only protects written records.

If your school district states that parental observations violate HIPAA,

they are incorrect. HIPAA is for medical records, and in most

cases does not apply to school districts.

In my opinion, parents have the right to observe the current

and the proposed placement of your child. This is because the parents

have the right to “meaningfully” participate in determining their

IEP and placement of the child. These rights were upheld in 2 courts

cases (Honig v. Doe 1988, and Burlington School Committee v.

Department of Mass Education (1985). Parents have unique knowledge.

of your child, and they should be able to observe in the classroom.

If your school district continues to say that you do not have the right to

look at your child’s current or proposed placement, ask why

authority are affirming this. Also ask for written proof of

whatever authority they are using. Take what they send you, and file

for a formal state complaint. Parents have the right to be an “equal

participant” in your child’s education. If you are prevented from

observing, then he will be denied his “right” to be an equal

participant.

Classroom observations are extremely important to parents, as they

as often as they can. Things may be happening that you are not aware of.

of, classroom observations bring them to light. then you will be able

use the information to fight for the educational changes your child requires.