Do you wonder if your child’s right to privacy in their educational records, has been violated? Would you like to learn how FERPA can help your child? This article will discuss the Family Educational Rights and Privacy Act (FERPA), which applies to all educational institutions to which receives funds from the Department of Education. Also discussed are 4 benefits that your child can get from FERPA.
Benefit 1: Use FERPA to review your child’s school record to see if it is accurate, and if it contains items that you have not seen. It is amazing, what you can find in your child’s school record. Also look for items that may support your case.
For Example: If your child has behavior difficulties, that special education personnel want to suspend them for, look for evidence that the behavior has been happening for a while. School personnel are supposed to work to prevent the behavior, rather than continuously punishing the child for it.
Ask for a copy of any item that you have not seen, or supports your case. Special education personnel may charge a reasonable copying fee, though you should ask for the school policy on parents receiving free records.
Benefit 2: Use FERPA to have removed anything in your child’s school record that is inaccurate, misleading or violates your child’s right to privacy. Once again, it is amazing what you will find in your child’s school record. If something is written about your child or family that you disagree with, ask that it be taken out. If the school district refuses, they can file for a due process hearing, to prove to the hearing officer that the school’s records are accurate.
Benefit 3: Use FERPA to ask for items that you may not think about, as part of your child’s school record. You have the right to review everything that has your child’s name on it; permanent record, temporary record, e mails, internal memos, testing materials and protocols, audio recordings, video recordings, etc. If your child has difficulty on the bus, ask and see if your child’s bus contains a camera. If it does, ask for copies of any day that you are concerned about.
Benefit 4: If you feel that your child’s confidentiality has been breeched by special education personnel, file for a FERPA complaint. This complaint can be filed with the Family Policy Compliance Office (FPCO) at: U.S. Department of Education, 400 Maryland Ave SW, Washington DC 20202.
Your child has the right to confidentiality in their educational records. You have the right as their parent to access their school records. Good luck in your fight for an appropriate education for your child with a disability, the fight is worth it!
By: JoAnn Collins
Archive for November, 2009
4 Benefits Your Child In Special Education Can Receive From FERPA
November 30th, 2009Qualities to Avoid in Choosing a Special Education Advocate
November 30th, 2009
Are you the parent of a child with autism or other disability that is considering finding an advocate to help you with your child’s education? Would you like a short list of qualities to avoid when choosing a special education advocate?
This article will help you avoid certain negative qualities in a prospective advocate, so that you can help your child receive a free appropriate public education.
Quality 1: Stay away from an advocate who has not received formal training in federal and state laws, and case law. Good advocates will have a working knowledge of the Individuals with Disabilities Education Act (federal law), and your state laws governing special education. Effective advocates do not have to memorize the law, but should know where to find any information that they need. Advocates must also know what due process hearings and court cases have already occurred, so that they can use the information to benefit your child.
Quality 2: Stay away from an advocate, who has little to no experience helping parents navigate the special education system. Unfortunately there are people who call themselves advocates, who do not have the experience that they need, to be effective. You do not want the advocate learning at the expense of your child’s education. Try finding an advocate at a disability organization like a Parent Information and Training Center (PTIC).
Quality 3: Stay away from an advocate, who guarantees you a certain outcome. While most advocates work hard and do their best, there are no guarantees in special education. You would rather work with an advocate, that has a realistic view of what can be accomplished for your child.
Quality 4: Stay away from an angry advocate, who seems to have there own agenda. I have heard of advocates that target certain school districts, due to their own anger. Every person including parents in special education, become angry at some point. But the important thing is that the advocate can continue to be professional, even if the school personnel are not.
Quality 5: Stay away from an advocate, that is not willing to challenge special education personnel, when the need arrives. Advocates must be willing to stand up to school personnel, for the good of the child, in an assertively persistent manner. This is the reason why it is so important to understand Federal and State special education law; you have the information you need to effectively stand up for the child.
Quality 6: Stay away from an advocate that does not promise you complete confidentiality! Advocates must not share any information that they learn about parents and their children; and unfortunately this does happen on occasion. You want your advocate to keep things you tell them confidential, as well as any strategies that they will be using.
Quality 7: Stay away from an advocate, that appears to be a know it all! No advocate including myself knows everything. You need an advocate, who is willing to find out the information that will help your child, if they do not know.
Advocacy is an art and involves trying different strategies to help the child receive a free appropriate public education (FAPE). By knowing what characteristics to avoid in an advocate, will help you make an informed decision about any advocate that works with you to help your child. Good luck!
By: JoAnn Collins
