School Refuses to Provide Assessment Results – Not Educational Records??

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Frustrating meeting with the school.We started the process months ago and still have not had our IEP meeting!

1. The school has decided that legal timelines are unimportant.

2. I requested assessment results before the IEP meeting and was denied.

3. School said they are only required to give me school records before the IEP meeting. Technically, the current assessments “are not school records” until we hold an official meeting.

4. I asked the school psychologist for the actual names of the assessments so I can research the tests. She ignored my request.

Sound familiar? Here’s where to start.

Read the Law

First.  Turn to page 272 in your Law Book and read the Regulation.

§300.613 Access rights.
(a) Each participating agency must permit parents to inspect and review any education records relating to their children that are collected, maintained, or used by the agency under this part. The agency must comply with a request without unnecessary delay and before any meeting regarding an IEP . . .

Next. Find the same regulation in your state special education regulations.

Now. Turn to Chapter 9 in your Law Book and look at FERPA.

…”technically not student records until the IEP meeting”…
A garbage statement!

The assessments and evaluations are education records.

These are the two key words you will want to use in your follow-up with the school.

Lock Up the School’s Statements

You will learn that what the school said to you, was not said – because it was not in writing.

You must lock up those statements from the school by writing a nice thank you letter. Confirm your understanding of what the school “said” to you.

Put Your Requests in Writing

You requested names of assessments – in writing, or verbally?

If verbally, you are mistaken, that info was never requested.

Write a nice letter requesting the information.

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