Articles
Accessing Your Child’s School Records
The Family Educational Rights and Privacy Act (FERPA)
(20 U.S.C. § 1232g; 34 CFR Part 99)
Most of the parents we work with have gone to great lengths
to secure private assessments and reports to support their
proposed placement. However, another valuable source of
information for the IEP, and possible Due Process, lies in the
child's school records. The district's assessments often
identify the child's key areas of need which may or may not
be reflected in the final district report. Examination of this
raw test data by an outside expert can provide a powerful
and substantially less expensive tool for parents in the
struggle to secure an appropriate placement for their child.
The IDEA recognizes the parent's right of access to educational records as a vital component of parent participation in the IEP. Section §300.501 details the Parents' right to examine their child's records as follows:
(a) General. The parents of a child with a disability must be afforded, in accordance with the procedures of §§300.562- 300.569, an opportunity to
(1) Inspect and review all education records with respect to
(i) The identification, evaluation, and educational placement of the child;
(ii) The provision of FAPE to the child
The Family Educational Rights and Privacy Act (FERPA) is a Federal law that provides a mechanism for parents of special needs children seeking to procure their child's education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.
What is an Educational Record?
FERPA defines an educational record as any record maintained by the district which is directly related to the student. This definition is purposefully broad to allow the parent the greatest access. Examples of records available for inspection under a FERPA request may include:
- Samples of academic work
- Current levels of achievement
- IQ and psychological tests
- Teacher or counselor ratings
- Classroom observation reports
- Health data
- Attendance records
- Family background information
Educational Records Requests: What does FERPA require?
A District must comply with a parent request to access records within a reasonable period of time, without unnecessary delay, and before a meeting or hearing, and in no case later than 45 days after the request is made. 34 C.F.R. §99.10(b) and 34 C.F.R. §300.562(a).
Parents may request that the District respond to reasonable requests for explanations and interpretations of the records. 34 C.F.R. §99.10(c).
Upon request, parents must be provided with a list of the types and locations of education records kept by the District. 34 C.F.R. §300.565.
Parents have the right to request that the District provide copies of the records (some districts charge a fee) if failure to provide copies would effectively prevent the parents for exercising the right to inspect and review the records. 34 C.F.R. §99.10(d)(1) and 34 C.F.R. §300.562(b)(2).
Simply stated, assessments equal accountability. Assessments allow you to track your child's progress or lack thereof. They provide a measurement of your child's individual progress against recognized educational standards. The further the child falls behind, the more likely it is that your child is not in the appropriate educational placement.
These materials were prepared by Mark Woodsmall, founder of the Woodsmall Law Group and the parent of a child with Autism. For more information on securing your child's educational records, please contact us at info@woodsmalllawgroup.com
Woodsmall Law Group
301 North Lake Avenue, Suite 130
Pasadena, California 91101
(626) 440-0028
