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Releasing IEE Data Without Parent Consent

04/02/12
by Wrightslaw

I am a private psychologist. I completed an IEE, then turned in the report to the district and parents.  We held an IEP meeting to review the results.

Can the district request that I release my raw test data, test protocols, and test materials to the school without parent consent? The parents have made it clear they do not wish this information released.

You are not required or allowed to release test data, protocols, etc. without parental consent, unless the school district obtains a subpoena for them.

The district may assert that raw test data are “education records” and that they are entitled to those records even if parents refuse to give consent.

This is not correct.

As a psychologist in private practice, your private test data is, well… private.   There is no basis in law for the release of these records without parent consent.

These records are not “education records. ” FERPA law does not apply to these records.

These records, your private test records, fall under HIPAA law and the professional Code of Ethics. These prevent the data release without parent consent unless under court order or unless another legal basis for the release of records without parental consent is given.

Education Records

Family Educational Rights and Privacy Act (FERPA) is the federal law that protects the privacy of student education records.

When the school tests a child, the “completed test instruments or question booklets containing information that identify a particular student, whether or not the actual name of the student appears on the booklet, constitute ‘education records’ subject to the FERPA requirements.”

Under FERPA, parent’s have the right “inspect and review” their child’s education records including test protocols and answer sheets. The law does not include an exception for “copyrighted materials.”

The US Department of Education has a long-standing policy regarding test protocols as education records and providing copies of copyrighted materials (such as test protocols) to parents.

When the school tests a child and enters these test results into a child’s records at the school, they become part of that child’s “education record.” Your test report, submitted to the school, should become part of the child’s education records. FERPA provides that parents have the right to review these records.

However, your private test records and raw data are not “education records.” Your private records are confidential. FERPA law does not apply to these records or the release of these records without parent consent.

 

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2 responses so far ↓

  • 1 Estelle 03/21/14 at 11:52 am

    Can you post the statues for this?

  • 2 Kris 11/30/12 at 8:04 am

    I represented myself pro se in a due process. the town released all my sons private IEEs as well as the schools reevaluation to a private psychologist who they used as an expert witness without my consent or a Subpoena. when I brought up Ferpa regulations I was told that ferpa wasn’t part of due process by the bureau of special ed appeals. the town said that the expert had a right to the information because I sued them. I find this frustrating and still feel it violated my sons privacy of his school records.
    Thanks