I Heard Of FERPA, But What Is It, And Does It Apply To Special Education?

Have you wondered what your child with Autism'shelp your case.
school record contains? Would you like to look at yourMany parents want to inspect the testing materials
child with learning disabilities' records, to see copies ofthat special education personnel use to test their child.
school evaluations? This article will discuss FERPA inFERPA gives you the right to do that. Some school
length and give you ideas on how to use to help yourdistricts state copyright laws as to why parents
child.cannot look at the test protocols.
FERPA stands for The Family Educational Rights andSeveral court cases have found, that parents looking
Privacy Act 20 U.S.C. 1232g. This law establishesat testing protocols, of their child is covered under the
confidentiality and access rights for students'reasonable fair use rule. School personnel may ask
educational records. FERPA applies to any educationalparents or their representatives to sign a confidentiality
institution to which funds have been made availableagreement. There have also been hearing officer
under any program administered by the Department ofdecisions forbidding the destruction of test protocols.
Education.FERPA is administered by the Family Policy
FERPA applies to education records that are directlyCompliance Office (FPCO), which is part of the
related to the student, and that are maintained by theDepartment of Education. You may file for a FERPA
educational agency. A record is any informationcomplaint with the FPCO office, or a complaint under
recorded in any way, including, handwriting, print,the Individuals with Disabilities Education Act (IDEA)
computer media, video or audio tape. Under FERPAwith your state board of education. FPCO can be
parents have the right to internal E mails (with yourreached at: U.S. Department of Education, 400
child's name on it), and also to inspect testingMaryland Ave SW, Washington DC 20202. A districts
instruments, question booklets answer sheets, etcwithholding of your child's school records, could be
(these are usually called testing protocols).considered a denial of a Free Appropriate Public
FERPA allows parents to ask for an amendment ofEducation (FAPE).
their child's school record, if it contains information thatNew Federal Rule of Civil Procedure 37(f) has the
is inaccurate, misleading, or violates their child's right toeffect of allowing sanctions to be imposed if records
privacy. If special education personnel refuse toare destroyed, when litigation is reasonably
change the record, you can request a FERPA hearingforeseeable, and particularly if the destruction is
with the FPCO office which will be discussed next. Ifintentional. This is why it is important to keep copies of
you win, then the school district must change theyour child's school records, so that you can see if
school record.anything was destroyed.
Parents may inspect and review the educationalHow can you use FERPA to benefit your child's
records of your child. I recommend doing this when aeducation? Make an appointment to go and look at
dispute occurs. Ask for permanent, temporary, internalyour child's school record. Look for items that you
memos, e mails, video, audio, any record that has yourhave not seen before, or that helps prove your case,
child's name on it.in case you end up in due process. Look for testing
Parents may also have a representative review theirmaterial, behavior discipline records or notes,
child's school records. An experienced person (anothersuspension notices, etc. This will help you fight for an
parent or advocate) knows what they are looking for,appropriate education for your child.
and can ask for copies of important items; that could