Educational Records, On-Site Record Reviews, Record Requests, and Organizing Educational Records
by: Carol Sadler © 2008

Advocacy & Consulting Services - IEPadvocate4you
Carol Sadler, Special Education Consultant/Advocate
GA Advocacy Office PLSP I Graduate
770-442-8357
1105 Rock Pointe Look
Woodstock, GA 30188
CarolSadler@bellsouth.net
www.IEPadvocate4You.com
http://iepadvocate4you.blogspot.com/

EDUCATIONAL RECORDS,

RECORD REQUESTS, ON-SITE RECORD REVIEWS,

and ORGANIZING EDUCATIONAL RECORDS

Laws that apply to Educational Records:

FERPA http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html

Parents or eligible students have the right to inspect and review the student's education records maintained by the school. Schools are not required to provide copies of records unless, for reasons such as great distance, it is impossible for parents or eligible students to review the records. Schools may charge a fee for copies.

IDEA (Regulations based on IDEA 1997)

34 CFR 300.562 Access rights. http://www.cec.sped.org/law_res/doc/law/regulations/regs/SubpartE.php#sec300.562
(a) Each participating agency shall 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 shall comply with a request without unnecessary delay and before any meeting regarding an IEP, or any hearing pursuant to §§ 300.507 and 300.521-300.528, and in no case more than 45 days after the request has been made.

160-4-7-.05.pdf

160-4-7-.05 Procedural Safeguards/Parent’s Rights.

(1) General

( c ) Each local school system and state-operated program (LSS/SOP) shall establish and maintain procedures to provide an opportunity for the parent(s)/guardian(s)/surrogate(s) of a student with a disability to:

1. Examine and obtain copies of all records relating to such student.

What constitutes an Education Record?

GA Special Education Rules and Regulations - Parental Opportunity To Examine Records http://public.doe.k12.ga.us/_documents/doe/legalservices/160-4-7-.09.pdf

“opportunity to inspect and review any educational records relating to their children that are collected, maintained, or used in the identification, evaluation, educational placement, and the provision of FAPE.”

Wrightlaw – Glossary of Special Education and Legal Terms

http://www.wrightslaw.com/links/glossary.sped.legal.htm

“Education records. All records about the student that are maintained by an educational agency or institution; includes instructional materials, teacher’s manuals, films, tapes, test materials and protocols.”

Wrightlaw – FERPA

http://www.fetaweb.com/04/ferpa.summary.htm

“those records, files, documents, and other materials, which (i) contain information directly related to a student; and (ii) are maintained by an educational agency or institution or by a person acting for such agency or institution. 20 U.S.C. §1232g(a)(4)(A). See also 34 CFR §99.3.

Education records include “all instructional materials, including teacher’s manuals, films, tapes, or other supplementary material which will be used in connection with any survey, analysis, or evaluation as part of any applicable program shall be available for inspection by the parents or guardians of the children.

The transcript of a hearing is an education record for purposes of Section 504. Due process decisions are education records. Tapes of IEP meetings are education records as are IEPs. Letters between parent and school are education records.

Personal notes and memory aids that are used only by the person who made them are not educational records. But if notes are shared with or disclosed to another person, notes are educational records.”

Wrightlaw – FERPA Memorandum: Access to Test Protocols and Test Answer Sheets

http://www.fetaweb.com/04/ferpa.rooker.ltr.protocols.htm

“Completed test instruments or question booklets containing information that identify a particular student, whether or not the name of the student appears on the booklet, constitute “education records” subject to the FERPA requirements.”

“Because answer sheets are usually directly related to a student, they generally fall within the definition of education records to which a parent has the right to inspect and review.”

NASP (National Association of School Psychologist – Test Protocols and Parents Rights – To Copies?

http://www.nasponline.org/publications/cq/cq341protocols.aspx

NASP (National Association of School Psychologist – Copying Protocols To Parents

http://www.nasponline.org/publications/cq/cq311protocols.aspx

“As previously reported, FERPA, IDEA and Section 504 all require that parents be given access to school records (including test protocols), and that this access is limited to a review of records unless the records can not be provided for review within 45 days.

Further, parents may request that actual copies of records be released to appropriate third parties (such as community mental health providers). FERPA includes an additional provision neglected in our earlier analysis: Once the parent has formally requested release of school records to a third party, the parent is then entitled to copies of the same records. In other words, once schools have released copies of protocols to a third party at the parents' request, the parent may request and receive copies as well.”

Ed.Gov – Letter to Carroll County Independent School District

http://www.ed.gov/policy/gen/guid/fpco/ferpa/library/carrollisd091305.html

“As explained in our October 2, 1997, letter, referenced above, test instruments, question booklets, answer sheets, evaluations, surveys, inventories, and other materials that identify a student (by name or number) and that are maintained by the District - or by a party acting for the District, such as a psychologist conducting an FIE - are "education records" under this definition.”

Carol’s Advice on Record Requests and On-Site Record Reviews:

Family Educational Rights and Privacy Act (FERPA) supports IDEA and states that parents have the right to inspect their child’s records. The Georgia Special Education Rules and Regulations go further and state that parents have the right to obtain copies. IDEA states the records must be provided without unnecessary delay, prior to an IEP meeting, not more than 45 days, and if necessary to provide FAPE they must be free.

Georgia schools are required to provide “one” free copy of all educational records to parents. Often when parents make a blanket record request, school districts threaten to charge a fee, which they can do after providing “one” free copy. They will maintain that copies have been previously provided in IEP meetings, thereby justifying charging a fee.

Therefore I typically recommend that parents do an On-Site Record Review instead of a blanket written records request. Go in and inspect the educational files maintained on your child to make sure you have received a full and complete copy of every record. Sometimes this request alone will prompt the LEA to provide a full (free) copy, as they would rather give parents a copy of their records than have parents come in and review the records in person. However, parents really should do both, because you never what may be inadvertently left out or covered up if you allow the school to make copies for you, and you just might miss that smoking gun document to make your case.

When one goes to a school to complete an on-site record review:

1) Make an appointment with the Principal through e-mail documenting your request (see sample letter below);

2) Go in, be nice and polite;

3) Expect to be monitored, they will have someone sitting with you;

4) Specifically ask if you have “all” folders and records maintained on the student to review;

5) Review all records making sure you have “ALL” educational records including teacher files, special education records, general education records, records held at the county, therapy notes, e-mails, etc.;

6) Keep their records neat and in the same order;

7) Turn records you do not have sideways;

8) Document on a note pad what you find;

9) Count and document on notepad how many records (pages) they need to copy before you leave;

10) Give the records and tell them you have documented the records you do not have a copy of and ask them to provide you your one free copy of each record;

11) Follow up with an e-mail thanking them for allowing you to review the records. Reiterate your request for necessary copies; document how many records were needed and state that you had not been previously provided a free copy of those records;

12) Be patient to a point. Give them time to make copies of the records. However, if they are needed for an upcoming IEP meeting, document that according to State Regulations you must receive a copy prior to your IEP meeting on __ date.

Have fun. It’s always interesting to see what is in the child’s file that you have never seen before and who within the system has reviewed your records. They may contain interesting e-mail, interesting and telling teacher/therapist/administration notes and comments, mistakes, hidden documents, informal testing you didn’t know they had given the student, data collection you were not aware they were maintaining, writing samples parents had never seen, and sometimes even those “smoking gun” documents that makes your case.

Organize Educational Records

Now that you or the family you are assisting have completed the record request, it is important that the records are organized in a manner to make them an effective advocacy tool. I typically recommend dividing a 3-inch notebook into 6 categories, which I listed below. Put all records in chronological order with most recent on top. Put a divider between each year in each section.

It is also important to keep a duplicate copy of records in separate place, and handy to make a quick copy for attorneys/advocates, private professionals or hearing notebooks. This way the family will always have a complete copy for multiple uses and quick copying as necessary.

Notebook Sections:

1) IEP's, SST's, 504's, BIP’s (Behavior Intervention Plans) meeting notices, Parent Request Letters, communication/e-mails to and from school district, Discipline reports/documents, Tribunal notices, etc.

2) Formal Testing (school and private evaluations) – Psychoeducational Evaluations, Psychological Reports, Neuropsychological Reports, Occupational Therapy Evals, Physical Therapy Evals, Central Auditory Processing Evals, Speech/Lang Evaluations, Vision/Hearing Evaluations, Functional Behavior Assessments, AT Evals, etc.

3) Report Cards, Progress Reports, Informal testing – most schools usually have a form of testing they use to measure a students progress in reading and math (i.e. – Accelerated Reader/STAR Diagnostic Reports, Success Maker Student Summery Reports Math/Reading, Timed Reading Evals, Lexia Reports, CCC Reports, etc.), Standardized Tests (ITBS, CRCT, IOWA, COGAT, Writing Tests, SAT, ACT, GGHST, etc), and IEP Goal updates. It's helpful if these groups are subdivided, separated with a divider, and grouped together by category of testing and put in chronological order with the most recent on top. This way it is easy to make quick caparisons from year to year.

4) Work samples, informal teacher notes/e-mails, daily behavior sheets, tutoring updates, therapy notes, etc.

5) Due Process & State Complaint Records

6) Misc.- Bills, Draft IEP's, your notes and records, records of phone conversations

7) Optional - Medical Records (add if you like or make a separate notebook)

It is important that parents be able to flip to your information quickly and that they have it handy at every school meeting. This way, when the school says they didn't receive a document, you can give them another copy or quickly dispute what they have stated or implied. I can't tell you how important it is to be organized and prepared in your meetings. Make time to do this; don't wait until the last minute. Do a little at a time. Keep a 3-hole punch available and put school records in one place. Organize as they come in.

Once the student is older and the notebook is too large, it is best to apply this same concept above, but have one notebook for just the current two years information. Every third year, pull out the previous year's info and put in the older notebook (which should be easy to do if you have used sub-dividers by year).

WHAT TO DO WITH ALL THAT CLASSWORK THAT COMES HOME?

I recommend that you keep an expandable 3-inch folder to accumulate your child's daily schoolwork. Label it and date it. Keep one for each year. Keep everything; you never know what a family might need. Keep artwork, drawings, writing assignments, tests, letters from teachers and all schoolwork returned. Keep it in chronological order with most recent in front; just keep adding to the front as it comes in. Copy and put only a FEW work samples in your Educational Folder. Take this folder to every IEP meeting as well.

I kept this folder on both my children who are 3 years apart. When my 2nd child began to have problems in school due to Dyslexia and Dysgraphia, I was able to go back and compare her schoolwork to her sisters during the same grade. Being in the same school, with the same teachers, they did the same classwork and projects. It was very interesting to see how different they were, yet similar in of their disability area struggles. I was able to compare handwriting, drawings, writing assignments, and even daily class work, tests and grades. When I filed due process, it gave me a record of another child in the same grade (even though it was her sister it was very useful), and I was able to show my 2nd daughter's very impaired handwriting and written expression skills compared to another child's of the same age (and that was even compared to another child with a disability also). So it was great handy evidence!!

Additionally, both my children will have their school work to show their children when they get older. Since many of the disabilities that they each have are genetic, it will be very likely they will have children with similar disabilities. They may very well need some of these records to help with their children.

Sample Record Request Letter

Date

Your Address

Your City, State & Zip

Your Telephone

Principal Name, Principal

School Name

School Address

School City, State & Zip

Dear Mr. Principal Name,

We are the parents of your child’s name, birth date, who is currently enrolled in the So & So Program/Grade at School Name.

We are requesting a copy of all educational records for our child per 34 CFR 300.562. This request extends to all educational records maintained by the district, including but not limited to the following:

1. Psychological evaluations and reports including standard scores, percentile rankings, grade and age equivalent scores and recommendations and observations.

2. Cumulative educational records.

3. Progress reports and report cards, grades and comments.

4. Group and individual achievement and ability tests, statewide/district assessments, Occupational Therapy, Physical Therapy, and Speech Language evaluations, and psychoeducational reports with grade and age equivalents; standard scores; raw scores; percentile ranks; observations; and recommendations.

5. Disciplinary records and reports.

6. Attendance records.

7. Case conference summaries and minutes, SST meetings and minutes, 504 Plan and minutes, and/or IEP's including goals, objectives and minutes.

8. Functional behavioral assessments and behavior intervention plans.

9. Medical records.

10. Anecdotal notes and e-mails maintained by teachers (including general and special education teachers), school psychologists, counselors, administrators, or any other school system staff.

11. Prior written notices.

12. Collected work samples.

13. Data Collection.

14. Informal testing.

15. All e-mail pertaining to student.

Thank you in advance for your attention to this matter. Please let us know when these records will be available and we will be happy to come by and pick them up. We will also be willing to volunteer to come and make copies for you if necessary to expedite this matter (schools do not generally take parents up on this offer, but I like to add it to show parents willingness to help – now be sure to erase this sentence from your draft letter).

(Add if you have an upcoming IEP meeting) – We have an IEP meeting scheduled on (date). Please provide records in advance of this meeting as required by IDEA 34 CFR 300.562 and the GA Special Education Rules and Regulations 160-4-7-.05.

Place a copy of this request in our child’s school file.

Sincerely,

Mr. & Mrs. Your Name

Parents

cc Special Ed. Lead Teacher and/or Counselor (who ever is working on your child’s case)

Special Ed. Administrator, Supervisor, and/or Director (optional)

Sample On-Site Record Review Letter

Date

Your Address

Your City, State & Zip

Your Telephone

Principal Name, Principal

School Name

School Address

School City, State & Zip

Dear Mr. Principal Name,

We are the parents of your child’s name, birth date, who is currently enrolled in the So & So Program/Grade at School Name.

We are requesting an appointment to review all educational records for our child per 34 CFR 300.562. This request extends to all educational records maintained by the district, including but not limited to the following:

1. Psychological evaluations and reports including standard scores, percentile rankings, grade and age equivalent scores and recommendations and observations.

2. Cumulative educational records.

3. Progress reports and report cards, grades and comments.

5. Disciplinary records and reports.

6. Attendance records.

7. Case conference summaries and minutes, SST meetings and minutes, 504 Plans and minutes, and/or IEP's including goals, objectives and minutes.

8. Functional behavioral assessments (FBA) and behavior intervention plans (BIP).

9. Medical records.

16. Anecdotal notes and e-mails maintained by teachers (including general and special education teachers), school psychologists, counselors, administrators, or any other school system staff.

17. Prior written notices.

18. Collected work samples.

19. Data Collection.

20. Informal testing.

21. All e-mail pertaining to student.

22. All previous testing protocols.

Thank you in advance for your attention to this matter. Please let us know when it will be convenient for your staff. We request that these records be gathered and available all in one location for our review.

(Add if you have an upcoming IEP meeting) – We have an IEP meeting scheduled on (date). We will need an appointment prior to this meeting as required by IDEA 34 CFR 300.562 and the GA Special Education Rules and Regulations 160-4-7-.05.

Please place a copy of this request in our child’s school file