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Confidentiality and Test Results A parent asks: "I have third grader with an IEP and ADHD. I disagreed with her test results on the WIAT-11 test and asked to see the test. I was told that I was not entitled to see the educational achievement tests that my child was given. Is this true? Pam Wright responds: Many school people erroneously believe that test materials are copyright protected so they won't let parents see these materials. Most genuinely believe this but it's simply not true. Yes, there are Federal copyright laws that say copies of a copyrighted document, such as tests, cannot be distributed. When a parent asks to see their child's test records, they are asking for " parental access to inspect and review". This is not a violation of Federal copywright laws. What the School Says School psychologists often refuse to provide test copies to parents by telling them it is not possible to do so because of copyright laws. Our parent question above was about the Wechsler Individual Achievement Test, Second Edition, which measures written and oral expression. Suppose your child consistently had difficulty with writing assignments and written answers on tests. You are convinced she needs additional help. The school administers the WIAT-11 and says that your child made a high grade on the subtest of written expression. You request to see his test so that you can review his written responses to questions on the test to help you better understand his performance. The school refuses, citing copyright violations. What the Law Says On August 7, 2007, The Office of Special Education Programs stated specifically "...long standing policy regarding test protocoals as education records and our policy regarding providing copies of copyrighted materials (such as test protocols) to parents. This policy is contained in the Analysis of Comments and Changes section of the 1999 IDEA regulations. Our policy remains the same. The discussion from the 1999 regulations regarding these issues states:
The U. S. Department of Education issued a memorandum on this subject a few years ago that may help. It was issued by the Director of the Family Policy Compliance Office which administers FERPA. The Family Educational Rights and Privacy Act (FERPA) is a Federal law which affords parents the right to have access to their children's education records, the right to seek to have the records amended, and the right to have some control over the disclosure of information from the records. FERPA Memorandum: Access to Test Protocols and Answer Sheets. In 1997, the the Family Policy Compliance Office of the U. S. Department of Education issued this memorandum about the parent's right to have access to their child's test protocols and answer sheets. The parent's right to "inspect and review" education records includes test protocols and answer sheets. FERPA does not create an exception for "copyrighted materials."
FERPA requires that a school comply with a parent's request for access to the student's records within 45 days of the receipt of a request. Letter from Director, Family Policy Compliance Office, (September 13, 2005) from the FERPA Online Library. California Decision Allows Parents to Receive Copies of Protocols. The Newport Mesa decision, Newport-Mesa Unified Sch. Dist. v. State of California Dept. of Educ., 43 IDELR 161 (C.D. Cal. 2005), states there is not a copyright violation when parents seek copies of test protocols. This Central District of California case is on appeal to the 9th Circuit. Read more about the impact of this decision in Test Protocols and Parents Rights—to Copies? from the National Association of School Psychologists. Citing an OSEP letter and a federal court case, may help remove these obstacles when parents seek copies of test protocols.
Created: 02/19/09
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