Educational Records: HEAD ADMIN AT SCHOOL & SPED FAILED TO FOLLOW FERPA

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Erin:  Our school administrator and then the sped. director for the town did not provide us with our child’s records (4 years of testing data we didn’t even know they had) until 3 days before the PPT. They provided us with minimal records when we requested our child’s record. We asked in writing 4 more times and both administrators said we had all the records the school maintained. 3 days before PPT we received an email that they ‘happened upon’ some math scores we had requested and attached a 26 page document with 109 scores from over the course of 4 years. How can they be held accountable for withholding this information for so long?

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3 Comments on "Educational Records: HEAD ADMIN AT SCHOOL & SPED FAILED TO FOLLOW FERPA"

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Good afternoon,
My son is in self-contained, originally starting in pre-k for behavior. However, he is now in 2nd and has not had the same behavior issues since he entered 1st. He has ADHD/ODD, which is heightened from emotional dysregulation that he is also dealing with. His school uses the Boy’s Town program which is a points system and it’s not conducive to him progressing out of self-contained. He half mainstreams into a general ed class for specials, recess and lunch and goes to resource for reading. He has a BIP and is receiving services for reading/comprehension as he is LD. I requested a special review to remove him from self contained, place in more resource for the periods he was in his selfcontained class but i don’t want him to lose his IEP/BIP. What are my rights or options?

Students are to be placed in the least restrictive environment (LRE). You need to determine the standards for determining the LRE that your state & federal court of appeals have set. Your state parent training & information center can assist you. http://www.parentcenterhub.org/find-your-center

You can make a complaint to the state education agency. They might investigate or tell you to make the complaint to the Office of Civil Rights.

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