Recently, a parent sent me an email asking whether a school district could significantly limit an observation of her son's classroom. The school district was attempting to impose numerous restrictions.
An amendment to the special education law in 2008 solidified a parent's right to observe, and an advisory from the Massachusetts Department of Elementary and Secondary Education (DESE) instructed school districts that they must follow the amendment. Legislators and the department have made clear that observations, whether by a parent or an independent evaluator, are critical in helping families and schools determine if a student is making effective progress. School districts can rarely limit or restrict observations.
Below I have provided the school district's "requirements" and a brief analysis of whether its requests were reasonable and consistent with the law:
1) You must provide a detailed reason for the observation and tell us specifically what you seek to gain by observing.
A school district cannot impose this restriction. The 2008 amendment provides that "upon request from a parent," a school district must provide "timely access" for an observation. There is little room for interpretation. School districts cannot require parents to jump through additional hoops.
2) All observations are limited to 20 minutes.
A school district cannot impose this restriction. The 2008 amendment instructs that the observation must be "sufficient in duration and extent" to evaluate the student's program. Twenty minutes is rarely long enough.
3) Observations will occur only at a time chosen by the school district.
This restriction is partially reasonable. A school district has the right to ensure that the observation occurs at a time that is representative and does not disrupt the classroom.