Educational Records: FAILURE TO PROVIDE STUDENT RECORDS

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Christina:  I requested a copy of my son’s student/educational record under FERPA, IDEA, and various sections of the California Education Code (which require delivery within 5 days) in writing the first week of January 2016. The school has not provided all records such as assessments, test protocols, score reports as noted in my son’s psyched assessment reports. I also requested school psychologists notes. The school did not provide the records prior to our IEP meeting. I have itemized the missing records in writing. The school has not complied. Their position is that I am not entitled to “discovery” more than 5 days before due process hearing. I’m not conducting formal discovery. I am requesting a copy of my son’s student/educational record. I filed a state compliance complaint but the school requested, and was granted the right to incorporate my records compliance complaint into the due process hearing. How can I get the school to comply with my original records request – 63 days later.

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3 Comments on "Educational Records: FAILURE TO PROVIDE STUDENT RECORDS"

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I’m having the same issue here in Florida. I ended up filing a DP but it was a waste of time. The judge actually ruled in the schools favor stating that I did not have evidence that I never received the records. My written request and testimony wasn’t enough. The school says they gave me the records. The judge believes the schools 9 times out of 10. We have the burden of proof here in Fla so 80% of cases are lost, even with an attorney. I’m looking for advice on how to proceed. I have already filed an OCR complaint and I’m getting ready to file FERPA complaint, but in the mean time…no records. The OCR complaint is ongoing and I’m still waiting response from investigation. I’ve also had a state complaint that found the school in violation of several laws, but the state never enforced!

Wow! How could the CDE turn down your request for a compliance investigation? I would file a FERPA complaint. I would also consider looking at another venue to handle the records dispute. Because student records are not exempt for disclosure due to pending litigation, it makes me think the school district is saying that the records you requested were not “special education student records” or regular “student records” They were “public records”. It sounds crazy, but it’s been the trend here in CA. Find a Public Records Act attorney. I hear Kelly Aviles out of LA is fantastic and she know about Special Ed problems as well. Send a letter to the Superintendent and ask for the records, ask for help because they have a duty to be helpful, and to respond within 10 days.

Need to inspect and review your child’s educational records? Read 14 Tips for Reviewing Your Child’s Educational Records. http://www.wrightslaw.com/blog/14-tips-reviewing-your-childs-educational-record/

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