The issue of parental access to testing protocols has been around for a long time, but we rarely see court cases directly address it. The Northshore School District in Washington had no choice about the matter.
The parents wanted to have physical copies of the protocols from the testing that the school did, but the school refused to provide them, citing copyright concerns and the need to maintain the integrity of the testing regimen. The school did permit the parents to view the materials, but not to have physical copies. The school also offered to send the testing protocols to a qualified outside provider identified by the parents, but the parents did not pursue this option. The ALJ (Administrative Law Judge) and the court held that the parents were not entitled to have physical copies of the protocols and the denial of them did not prevent them from participating in the IEP process.
A rare ruling on an obscure but important issue, and one that LSSPs will be pleased to hear about.
Daniels v. Northshore School District was decided by the federal court for the Western District of Washington on August 24, 2021. It’s published in The Special Educator at 79 IDELR 125.
DAWG BONE: ACCESS TO SEE—YES. PHYSICAL COPIES—USUALLY NO.
Got a question or comment for the Dawg? Let me hear from you at email@example.com.
Tomorrow: who’s the better witness?