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Senate passes bill clarifying parents' access to special-education records
Summary
House Bill 11 was passed by the Senate; the bill amends Title 14 to allow parents or their representatives to obtain special-education records, aligning state language with the Individuals with Disabilities Education Act.
The Delaware Senate on March 26 approved House Bill 11, which clarifies that parents may obtain special-education records either "personally or through a representative," aligning state practice with the Federal Individuals with Disabilities Education Act (IDEA). The secretary recorded a unanimous roll call and the bill was declared passed to the Senate.
Senator Sturgeon, presenting the bill, called it "very, very straightforward," saying the change makes subsections parallel and eliminates subjective language that had produced differing interpretations of Title 14. "Without the use of the words 'through a representative,' there were some cases where parents were unable to obtain documents relevant to their children, unless they personally appeared to receive them," Sturgeon said. He said the change arose after inconsistent interpretations of the statute and that the Department of Education requested clarification.
Sturgeon told colleagues that confusion had led to at least one lawsuit related to an adult-in-prison education program where access to records was contested. The bill inserts the phrase "either personally or through a representative" to ensure parents or authorized representatives can receive records without requiring in-person pickup.
Roll call recorded the required majority and House Bill 11 was declared passed to the Senate.
Votes at a glance: House Bill 11 — Passed (roll call recorded as unanimous by the secretary).
