We’ve been posting about using time this summer to review your child’s records and organize his special education file. Have you started yet?
Here are 14 tips for reviewing your child’s record from Pat Howey.
1. Send a request letter to inspect and review your child’s records.
2. Specify all files in the letter, whether or not you believe these records exist.
3. Send this letter to all pre-schools and schools your child attended.
4. Send a second letter to the government agency that provides special education, i.e., Special Ed Cooperatives, Joint Services and Supply.
5. Give the school/agency two or three different dates and times you can be available to review the record.
6. If you do not receive a response within a week, send a follow-up letter, attaching a copy of the original letter.
7. When you go in to review your child’s records, take a number of pads of the smallest size sticky notes with you.
8. With a sticky note, tag every sheet of paper or note that you either have never seen before or that you are certain you do not already have a copy of.
9. Make a note of missing items. If any records are missing, write a note, indicating what you believe is missing.
You have not been provided with all the records if,
- you have written notes to the school and they are not in any of the records
- the testing protocols (actual testing instruments) are not in the records
- your child has had adaptive physical education, physical, occupational, or speech therapy, and the daily progress notes are not in any of the records
10. When you are finished, count the sticky notes. Make a note of the number of pages you can expect.
11. Return the files with a note that requests copies of all items that are tagged with sticky notes.
12. Reminder: Absent state law or local policy, you are not automatically entitled to copies of your child’s records, except under specific circumstances. You may be charged a fee for the copies.
13. When you return to pick up the copies of your child’s records, note the number of copies. If the number varies from what you expect, leave a note stating that you did not receive all requested copies.
14. Sign and date each piece of correspondence you give to the keeper of the records. Always keep a copy for your own records.
Indiana Advocate Pat Howey, a member of the Wrightslaw Speakers Bureau, provides training for parents, educators, and others who want to ensure that children receive quality special education services. Pat provides tips for parents and advocates answers your questions in Ask the Advocate.
Tags: Advocacy · Documentation · paper trail · Special Education File · Strategies · Tips5 Comments
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5 responses so far ↓
My son has only been in the public school’s special education program since November 2008. I only have copies of the IEP, results to 1 test that was administered, and 2 review reports.
Would it be a mistake for me to request a copy of his entire file without first reviewing the file?
During the school year, I requested a copy of the test protocol and was told that they were not allowed to give that to me because of the copyright. Does that sound accurate?
Should the raw data that is collected during discrete trial training be included in his record? His ESY report did not have him mastering goals that he mastered at the beginning of the summer with his home therapist. I would like to see if his data at ESY was properly collected and analyzed or if he wasn’t generalizing the skills.
It would not be a mistake to ask for a copy of his entire file but I suggest going to review your son’s records first to see if it is complete and to see what records they have and you don’t. Ask for the records you don’t have. It will be less expensive.
If your son’s name is on the test protocol document they have to give you a copy. Typically that is the answer sheet. A neat way of side stepping this would be to give a private psychologist (or other professional if the school psyco did not give the test) a release to get the test protocols. They can’t justify not giving them up to another licensed professional who’s obligation to protect the manufacturers copyright is as great as theirs. You would also have the opportunity to review them with your son’s psychologist (or other professional) and discuss the validity of the results.
We requested my child’s academic records under FERPA and sent a detail list of information that contradicts the school district’s own documentation.
Their attorney sent an email about six months later indicating that she can not agree to the revisions because doing so would be detrimental to her client.
In a recent IEP meeting the attorney reported that the reason that these records were not revised is because we had not requested properly according to FERPA regulations. The Assistant Superintendent corrected her and requested that these revisions be made so that we can all move forward.
The school’s attorney has since offered to correcting a select amount of information that Colleges or other agencies will be given if information is requested.
I guess this is what you call the partial truth.
I attended a Wright’s Law conference a few months ago in Bowie, MD. It was not untl then, of course you know, that I learned valuable points concerning my child’s IEP. It is so much to learn and know that I feel overwhelmed. However, my son just turned 16 in June. He has five more years of school for I plan to have him in school until age 21. He is on the 2nd/3rd grade academic level and has been for two - three years. I had asked the school to make some changes because he is not learning and that progress is not being made, because he should not still be on the same grade level. They all looked at me as if I was crazy and blamed it on his deficiency. Sure he is developmentall delayed. Sure he is slow. But where is that part of the school system that taps into where he is so that he can learn? Where is it? I do not understand.
I requested a list of what educational records for my son and where they are located. I received a letter that basically says the district does not maintain a list of documents in a student’s file or a list of where student records are kept. They do not maintain a list of documents in regards to my son and are not obligated to generate public records that do not already exists.