Who Watches the Watchman: Visitors Observing at School

Visitors who wish to observe at school may disrupt the learning environment unless appropriate rules are established. Every Michigan public school should have a board policy addressing school visitors that aligns with Michigan law.

While the general public has no right to access school buildings or observe classroom activities, the Revised School Code requires schools to allow students’ parents and guardians to observe instructional activity in a class or course in which their child is enrolled and present, subject to reasonable restrictions and limits. “Reasonable restrictions and limits” may include obtaining prior approval of school administration and limiting observations to certain days or specified times. These restrictions should be clearly articulated in board policy.

When a student is or may be eligible for special education, parents may seek a different type of observation. Parents of special education students (or those being evaluated for special education eligibility) may request an independent educational evaluation (IEE) by an outside evaluator under the Individuals with Disabilities Education Act. If a parent requests an IEE, the outside evaluator may need to observe the student in their educational environment. School officials should accommodate this request.

Guidance from the U.S. Department of Education’s Office of Special Education and Rehabilitative Services requires that school officials provide outside IEE evaluators access to the student at school that is comparable to the access given to the school’s own evaluators. School officials should schedule outside evaluator observations in a manner that minimizes disruption to the classroom. Special education personnel should address the specific parameters for IEE observations with outside evaluators on a case-by-case basis.

General parameters for classroom observations should be in board policy. That may include referral to the special education department or professional for IEE observations. This information should be shared across schools so that each school is working from the same set of rules and using the same information. If you have questions regarding appropriate restrictions on observations, please contact your Thrun attorney.