186-C:38 Duties and Responsibilities. –
I. The office of the advocate for special education shall:
(a) Serve as a resource for disability related information and referrals to available programs and services for families of children with disabilities.
(b) Serve as a source of information and referral regarding state and federal laws and regulations governing special education.
(c) Have the discretion to ensure all IEP documents, 504 plans, related supports and services to students with disabilities are properly documented and implemented, and the goals and objectives are being met, and that appropriate related supports and services are being provided.
(d) Have authority to inquire of, investigate, and review all documents from any school, district, or special education department in this state. The advocate shall have access to all IEP documents, 504 plans, related supports and services, treatment plans, progress reports, and report cards of all students with disabilities.
(e) Have the discretion to review all documents relating to IEP documents, 504 plans, related supports and services being provided to students throughout the state, and ensure that proper documentation is being maintained by all schools and districts.
(f) Track metrics of the type of disagreements or complaints between a parent, guardian, or caretaker of the student with disabilities and the district; the types of suspect disabilities, which may uncover an unmet need in the education system; and the types of interventions and supports required by a segment of children.
(g) Ensure protections and safeguards are provided to school staff. To this end, all conversations between teachers, health professionals, and/or any school district personnel and the advocate shall be deemed confidential and not subject to disclosure absent a court order.
(h) Implement measures to track and monitor district achievement, success, and challenges in the implementation of IEPs, 504 plans, and related supports and services.
(i) Establish minimum compliance measures to ensure that copies of all relevant documents which are discussed at any family meeting involving a student receiving services pursuant to this chapter are given to the student's family at least 5 days in advance of any scheduled meeting at which these documents are to be discussed.
(j) Investigate any retaliatory act alleged or committed by any administrator, school district, state department, or other agency with the appropriate referrals to judicial departments or agencies for action, and any and all complaints filed by a parent, guardian, or caretaker of student with disabilities.
II. The advocate may appoint those assistants that may be deemed necessary whose powers and duties shall be similar to those imposed upon the advocate by law and any other staff as is deemed necessary. The duties of the assistants and other staff members shall be performed under and by the advice and direction of the advocate.
III. All student records shall remain confidential and compliant with state and federal privacy laws.
IV. The advocate shall not be held liable for any lack of compliance of an IEP or 504 plan.
V. All records or files of the advocate shall be readily available to any parent, guardian, or caretaker of a student with disabilities to inspect and/or copy for purposes of any agency or judicial proceeding.