Candice: School refuses to allow a parent to look in their child’s cumulative folder or make copies of current IEP and previous testing.
Educational Records: SCHOOL REFUSES ACCESS TO CUMULATIVE RECORDS
Special Education Law and Advocacy
Special Education Law and Advocacy
Candice: School refuses to allow a parent to look in their child’s cumulative folder or make copies of current IEP and previous testing.
I have having a major problem with getting my kids records from RCCS. My kids had missed an entire year of school and they refused to send their records to. I’m unsure what to do because my kids are allowed to be In school without their records.
I suggest contacting the state education agency. The state should have rules on a district sharing records when a child moves to another district.
It is my understanding that this is illegal. I would take it to a higher person at the school and/or the state you are in and ask for assistance.
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/).