460 IAC 20-12-11 Opportunity for and result of hearing

Sec. 11. (a) Participating agencies shall, on request, provide a parent the opportunity for a hearing, in accordance with 470 IAC 20-14, to challenge information contained in his or her child's early intervention records that the parent believes is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child. (b) If, as a result of a hearing, it is determined that the information is inaccurate, misleading, or violates the privacy or other rights of the child, the participating agency shall amend the information accordingly and inform the parent in writing. (c) If, as a result of a hearing, it is determined that the information is not inaccurate, misleading, or violates the privacy or other rights of the child, the participating agency shall inform the parent of the right to place in the child's records a statement commenting on the information or setting forth any reasons for disagreeing with the decision of the participating agency. Any explanation placed in the child's records must: (1) be maintained by the participating agency as part of the records of the child, as long as the records or the contested portion is maintained by the participating agency; and (2) be disclosed, if the records of the child are, or the contested portion is, disclosed by the participating agency to any party. (d) Any hearing held under this section must be conducted in accordance with the procedures mandated by the Family Educational Rights and Privacy Act and 34 CFR 99.22.