Educational Records: SCHOOL REFUSES ACCESS TO CUMULATIVE RECORDS

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Candice:  School refuses to allow a parent to look in their child’s cumulative folder or make copies of current IEP and previous testing.

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1 Comment on "Educational Records: SCHOOL REFUSES ACCESS TO CUMULATIVE RECORDS"

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Candice –

You have the right under both IDEA and FERPA to review your child’s records, but not necessarily to have copies (you do have a firm right to a copy of the IEP). Your state may have additional regulations that provide you with access. I think there are a couple of ways you can handle this.

You can ask someone further up the chain for access – if you asked the Team chair go to the Principal, if you went to the Principal try the district’s special education administrator – right on up to the Superintendent. I feel that people respond more willingly to such requests when they’re asked verbally, especially in person, but it’s important to have a written record in case your request is denied. If I was in your place, I would put my request in writing but deliver it in person.

Alternatively (or if that doesn’t work), you can file a complaint under either law. You can file a complaint through IDEA’s state complaint process for lack of access to any special education records. Or you can file a complaint under FERPA for denial of access to any maintained student records (see http://www2.ed.gov/fpco). Your state may also have an additional complaint mechanism.

Your local parent center can help you understand any state requirements, as well as help you craft a request to the school or navigate the complaint processes (see http://www.parentcenterhub.org/find-your-center/).

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