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 ‘Internal Memos’
4 Benefits Your Child In Special Education Can Receive From FERPA
November 30th, 20099 Tips That Will Increase Your Chance Of Winning A Special Education Due Process Hearing
November 27th, 2009
Would you like to learn some due process tips? Would you like to increase your chances of winning, to benefit your child with autism? This article will give you 8 tips that will help increase your chance of prevailing at a due process hearing, for your child.
1. Use a form to make it easier to file for a due process hearing. Every state board of education is required to have a due process form available for parents to use. The form is not mandatory, but can make filing easier.
The Individuals with Disabilities Education Act (IDEA) of 2004 added a section where due process filings must be sufficient. What this means is that the due process request, must contain certain information. If the due process request does not contain this information, then the request can be denied by the hearing officer. To prevent this, you may want to use a form. Make the issues simple, and don’t forget to add specific resolutions (what you are asking the hearing officer to give your child).
2. If you have not filed for due process before, have another parent, advocate, or special education attorney, look at your due process request. Issues cannot be changed once the request is filed, unless special education personnel agree, or the hearing officer allows it.
3. Once you file for a due process hearing ask for a complete copy of your child’s school record. Most states have regulations that allow this. Ask for temporary, permanent, E mails, internal memos, audio and video recordings.
4. Due process hearings can be opened to the public or closed to the public.Some hearing officers will not allow sequestration of witnesses at an open hearing.
5. Insist on sequestration of witnesses for the due process hearing. This way special education witnesses cannot hear each other testify. It makes it easier to catch the lies and deceptions, during a due process hearing.
6. Ask the hearing officer to allow you to present your case first. This prevents special education personnel from bringing up irrelevant issues to muddy the waters. Some hearing officers will not allow a parent to go first, if the school district has the burden of proof; but try anyway.
7. Write your opening and closing, on the computer during your preparation time. This will allow you to change it as you see fit. Don’t forget to make references to IDEA and No Child Left Behind (NCLB) when appropriate. If the hearing goes over two days, do not print out your closing until the end of the first day. That way you can change the closing on the computer.
8. If you are conducting your child’s due process yourself, ask a friend or another parent to attend the hearing and take copious notes. The other person can watch body language, and can give you tips on things that you miss.
9. During the schools testimony you can make objections, to throw the school personnel off of track. The objections that I have heard are : irrelevancy, question already asked, objections to witnesses and documentation that hurts your case.
By using these 9 easy tips, you will well be on your way to prevailing at a due process hearing.
By: JoAnn Collins
