Ensuring the privacy and security of your student’s educational records is important. This is where the Family Educational Rights and Privacy Act (FERPA), comes into play. FERPA safeguards the rights and privacy of students and their parents concerning educational records, and was enacted in 1974. FERPA controls how schools are required to handle sensitive student information, and also gives parents and adult students access to those records.
Educational records encompass a broad range of information, from report cards and transcripts to disciplinary records and Individualized Education Programs (IEPs) for students receiving special education services. Educational records also include things like communications between parents and schools, and even communications between staff within a school. Did you know that you have the right to see essentially any document that makes reference to your child, including internal communications? You also have the right to see videos that include your child– although many schools will try to limit this right by claiming privacy rights of other children. This is an understandable concern on the part of schools, but there are ways to legally and fairly share this important information with parents.
The Rights and Protections Under FERPA
FERPA provides several important rights and protections to students and their parents, including:
- Access to Records: Parents have the right to access their child’s educational records
- Amendment of Records: If a parent believes that their child’s educational records contain inaccuracies, FERPA permits them to request corrections
- Consent for Disclosure: Schools must obtain written consent from parents before disclosing educational records to third parties, with limited exceptions
- Directory Information: Schools may disclose certain directory information without consent, but parents can opt-out of this disclosure
- Enforcement: FERPA establishes an office within the U.S. Department of Education to oversee enforcement and address complaints, ensuring compliance with the law
FERPA and Special Education
- IEPs and Educational Records. The development and maintenance of your child’s Individualized Education Program (IEP), or 504 Plan are at the heart of special education services. These documents are considered educational records under FERPA, and you have the right to access, review, and correct them if there are inaccuracies.
- Privacy and Confidentiality. Special education often involves sensitive information, evaluations, and possibly medical records. FERPA’s privacy provisions are crucial in safeguarding this information and ensuring that it is shared only with authorized individuals.
- Dispute Resolution. In special education, disagreements can arise between parents and school districts regarding the appropriate services and accommodations for a child. FERPA can play a role in dispute resolution by ensuring that all parties have access to relevant records and information.
How To Request Student Records under FERPA
1. Identify the FERPA Officer:
You have the option to submit a FERPA request to any individual within the school system. You can start with your school’s principal. That is usually sufficient, but if necessary, you can locate your school’s FERPA officer on your school system’s website for this information.
2. Initiate the Request:
FERPA requests don’t require a specific form. Begin your request with a clear statement: “This is a FERPA request.” Be sure to ask for the specific information you need. You may want to limit your request to specific relevant years. You can also request to go to the school to view the entire file.
3. Understanding Fees:
According to Sec. 300.617 of IDEA, agencies may charge fees for copies if it doesn’t prevent parents from accessing their records. However, they cannot charge for searching or retrieving information. Be cautious about potential charges, and if any seem unreasonable, inquire about federal and/or state regulations supporting those fees. Fees should be reasonable copying fees.
4. Response Time:
FERPA mandates a maximum 45-day turnaround for requests. If you don’t receive a response within this timeframe, refer to Sec. 300.613 of IDEA, which stipulates agencies must comply without unnecessary delay, and in no more than 45 days after the request.
FERPA is a vital safeguard for the privacy and rights of students and their parents. In the context of special education, it ensures that children with disabilities receive the support and accommodations they need.
This blog post is for informational purposes only. It is not legal advice and does not create an attorney-client relationship.