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
Posts Tagged ‘Ferpa’
4 Benefits Your Child In Special Education Can Receive From FERPA
November 30th, 2009Special Education – Are Parents Allowed to Observe Child’s Classroom?
November 22nd, 2009
Are you the parent of a child with a learning disability or autism who
would like to observe their school classroom? Have you been told by
special education personnel, that you cannot observe your child’s
classroom? This article will teach you about what is allowed under
law, about school observations. By going to your child’s classroom and
observing, you can ask for any changes that you believe your child
needs. This will help your child receive an appropriate education.
School personnel may state that you cannot observe because of the
children’s confidentiality; this is untrue. The Supreme Court ruled in
Owasso Independent School District v. Falvo (534 US 426 2002) that
confidentiality of other students can’t be used as a reason to deny
observation by a parent. They established that, students have no
expectation of privacy.
Special Education personnel may deny you from observing your child’s
placement because of FERPA (the Federal Education Rights and Privacy
Act). FERPA does not prevent observation by parents or their
professional representatives. FERPA only protects written records.
If your school district states that parent observations violate HIPPA,
they are incorrect. HIPPA is for medical records, and in most
cases does not apply to school districts.
In my opinion, parents do have a right to observe the current
and proposed placement of their child. This is because parents
have a right to “meaningfully” participate in determining their
child’s IEP and placement. These rights were up held in 2 court
cases (Honig v. Doe 1988, and Burlington School Committee v.
Mass Dept. of Education (1985). Parents have unique knowledge
of their child, and they should be able to observe in the classroom.
If your school district continues to assert, that you have no right to
observe your child’s current or proposed placement, ask by what
authority are they stating this. Also ask for proof in writing, of
whatever authority they are using. Take what they send you, and file
for a formal state complaint. Parents have the right to be an “equal
participant” in their child’s education. If you are prevented from
observing, then you will be denied your “right” to be an equal
participant.
Classroom observations are extremely important for parents to do, as
often as they are able. Things can be going on that you are not aware
of, classroom observations bring these to light. Then you will be able
to use the information to fight for educational changes that your child requires.
By: JoAnn Collins
