In This Issue

Requesting Records and the Family Educational Rights and Privacy Act (FERPA)

Dear Friends and Family Caregivers,

This month’s Special EDition discusses your rights related to your child’s educational records.

Parents as Members of the IEP Team

Throughout the special education process, parents and guardians play an important role in making decisions about their child’s education. In fact, the Individuals with Disabilities Education Act (IDEA) lists parents as essential members of the Individualized Education Program (IEP) team.

To be contributing members of the IEP team, it is important for parents and guardians to have access to all information regarding their child’s education. One law that makes this possible is the Family Educational Rights and Privacy Act (FERPA).

What is FERPA?

The Family Educational Rights and Privacy Act (FERPA) is a law that gives parents certain rights related to their child’s educational records. Some useful points in the law are listed below:

• Access to Records: Parents and guardians have a right to access all of their child’s educational records under FERPA. This includes both the special education file and the cumulative, or general education, file. Federal law states that all records must be made available within 45 business days after the request is made. However, many states require records to be made available more promptly. In California, for example, records need to be made available within five business days.

• Privacy: In most instances, the school district needs written permission from a child’s parents or guardians to release educational records or information. For example, the school district needs parental permission to speak with outside professionals (for example, advocates, attorneys, mental health specialists) working with the child. However, parental permission is not needed to make student information available to certain individuals and agencies. This includes school officials, a school to which a student is transferring, and, in some cases, state and local authorities within the juvenile justice system. For more information on the sharing of student records without parent permission, visit the U.S. Department of Education (DOE) website.

• Correcting Records: FERPA gives parents and guardians the right to correct errors or misleading information in a student’s records. To start this process, write a letter to the superintendent of your child’s school district requesting the change and attach any documentation supporting it. Once the district receives your letter, they will schedule a meeting to address your request. FERPA allows for a hearing if you disagree with the district’s decision. Even if a request is denied by the school and the subsequent appeals process, parents and guardians are allowed to submit their objections in writing to be added to the records in question.

Requesting Records

If your child has an IEP, send a letter to the Director of Special Education in your child’s district to request your child’s educational records. If your child has does not have an IEP, send it to the district’s records department or deliver the request to your child’s principal and ask that it be sent to the appropriate department. Let him/her know that you would like to schedule a time to review any and all records the school keeps on your child, including general education and special education records. Or, if you’d rather, you can ask to have copies of the records sent to you or made ready for you to pick up. If you are not able to pay for the copies, make note of that in your letter and the copies will be provided free of charge. DREDF provides a sample letter for requesting records that can be used as a template.

Additional Resources

Sample Letter to Request Records

A Parent’s Guide: Communicating With Your Child’s School Through Letter Writing (NICHCY)

17 Tips For Getting Quality Special Education Services for Your Child

Special Ed Advocacy: Nine Rules of Thumb

The Paper Chase: Managing Your Child’s Documents Under the IDEA

School Records and Parents’ Rights (PACER Action Information Sheets)

Joint Guidance on the Application of the Family Educational Rights and Privacy Act (FERPA) And the Health Insurance Portability and Accountability Act of 1996 (HIPAA) To Student Health Records (U.S. Department of Health and Human Services, U.S. Department of Education)

Forum Guide on the Privacy of Student Information: A Resource for Schools (National Forum on Education Statistics, U.S. Department of Education)

Family Educational Rights and Privacy Act (FERPA), General Guidance (U.S. Department of Education)

UPCOMING DREDF WORKSHOPS
REGISTRATION IS REQUIRED. SPACE IS LIMITED.

Understanding the Special Education Process:
An overview of the special education process, Section 504, and IDEA laws.
Date: Second Monday of the month, not offered in July or August
Next Offered: October 11, 2010
Time: 6:30 - 9:00 pm (Pizza included!)
Where: DREDF, 2212 Sixth St, Berkeley, CA
To Register: Contact Katie at (510)644-2555 or kkeil@dredf.org

© 2010

Advocacy Tip of the Month:
When requesting records, it is helpful to remind the district that all educational records includes both general education records and special education records.

Acronyms:
IDEA — Individuals with Disabilities Education Act
IEP — Individualized Education Program
FERPA — Family Education Rights and Privacy Act
LEA — Local Educational Agency

Related Links:
DREDF Special Education Training Materials

Wrightslaw

Special Education Publications (Disability Rights California)

Office of Special Education Programs, Publications and Products (Office of Special Education and Rehabilatative Services)

Policy Guidance — Special Education and Rehabilitative Services (U.S. Department of Education)

Educate Children (3 to 22) (National Dissemination Center for Children with Disabilities)

Publications by the PACER Center

Introducing Your Child to the School Community (National Family Advocacy and Support Training Project, PACER Center)

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CONTACT DREDF:
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www.dredf.org
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Berkeley, CA 94710
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