DramaQueenLucy
Member
Is there anything that I can do to get these? Don't I as the parent of this child have a right to this paperwork? Help!
School doesn't want to give me copies of IEP's & Learning Disability (LD) Testing....grrr Help!
- Thread starter DramaQueenLucy
- Start date
Ummm...what exactly are you asking for? Is it copies of the IEP and the evaluation report? If so, you most definitely have the right to access these documents. If you read the FERPA link below you will see that there is a difference between getting copies and accessing documents. School districts are required to give you access to documentation but are not required to give copies unless not providing copies blocks access to records (for example, if you lived out of district). Most schools will provide copies.
Who in the school district refused your request? Sometimes going to the right person is what matters. If it's someone in power (principal, superintendent etc.) then my next step would be to send a certified letter with this request to the principal, superintendent etc. from a lawyer OR make a complaint to your state special education office. School district has 45 days to respond to your request to access records.
Here's a helpful link. http://www.fetaweb.com/04/ferpa.summary.htm
P.S.- As a school psychiatric...If you're asking for specific copies of test protocols used in testing (e.g. WISC-4, or other standardized test protocols) then the school district must allow you an opportunity to review these records but does not have to give you a copy if they think that this violates copyright laws or endangers test security.
Who in the school district refused your request? Sometimes going to the right person is what matters. If it's someone in power (principal, superintendent etc.) then my next step would be to send a certified letter with this request to the principal, superintendent etc. from a lawyer OR make a complaint to your state special education office. School district has 45 days to respond to your request to access records.
Here's a helpful link. http://www.fetaweb.com/04/ferpa.summary.htm
P.S.- As a school psychiatric...If you're asking for specific copies of test protocols used in testing (e.g. WISC-4, or other standardized test protocols) then the school district must allow you an opportunity to review these records but does not have to give you a copy if they think that this violates copyright laws or endangers test security.
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DramaQueenLucy
Member
I am asking for the Learning Disability (LD) testing report a long with anything that goes with it IQ testing, etc as well as copies of th IEP's from kindergarten and 1st grade....these some how got lost when we moved last year so now all I have is the last 2 years. I have talked about all of these things in the IEP meetings but only ever got a copy if I requested one...and I have every time but difficult child's testing was almost 3 years ago when he was in 1st grade so that was lost with the IEP's from that same time period.
I was also making the same request for my older child and have been told that I need to contact the board of ed for this because he is 16 years old???
I have called and left a message for someone at the board and have a call in to each child's princeipal...but this is ridicules!
I read some of FERPA again and just wanted to correct myself...In some cases the school district IS required to give you copies of records (not just access).
Your request sounds appropriate to me...not sure why the school is giving you the run around. It sounds like no one has refused you access, they're just taking a while. I would go ahead and put the request in writing as well.
The 16 year old thing is news to me. As far as I know that's not the age of majority in OK is it? You still make the decisions for him at that age. Sounds like school policy masquerading as law to me.
Sorry that you've gotten such a run around. The big thing is documenting requests. Phone calls (unfortunately) will often not get you too far...a certified letter will.
Your request sounds appropriate to me...not sure why the school is giving you the run around. It sounds like no one has refused you access, they're just taking a while. I would go ahead and put the request in writing as well.
The 16 year old thing is news to me. As far as I know that's not the age of majority in OK is it? You still make the decisions for him at that age. Sounds like school policy masquerading as law to me.
Sorry that you've gotten such a run around. The big thing is documenting requests. Phone calls (unfortunately) will often not get you too far...a certified letter will.
DramaQueenLucy
Member
Thanks I will send a certified letter...maybe that will do the trick. I just can't believe how hard it is to get my own children's record!
smallworld
Moderator
When I hand-delivered a letter requesting certain documents, the school secretary handed them right over. It is your right as a parent to receive copies of anything in your child's cumulative as well as confidential file.
Sheila
Moderator
Somebody at the sd is giving you some erroneous information. Personnel not familiar with-IDEA assume they have the same authority as they do in other situations. And someone who handles the phones in the office, many teachers, etc., really do not know finite details regarding timelines.
I preach against just "talking." Particularly when timelines are involved, follow up meetings and conversations with a Letter of Understanding. If a request is not in writing, assume any authority (sd administration, Hearing Officer, OCR, OSEP, etc.) will take the position that it never happened.
I believe each state has a specific timeline within which they must provide your child's records subsequet to parental request. You'd have to check your state regs to be sure of what your particlar state's is.
Hand delivery with-someone signing as "accepted by" starts the clock ticking. I have heard of no one being willing to sign however. CM is a good way to go also. Without some type of proof documents were requested, parents have little leverage getting documents shaken loose from non-compliant sds.
I never go to an IEP meeting without first having copies of the report to review several days in advance. How can the typical parent sit in a meeting, read and interpret a report? Not likely for most of us.....
And the committee chair reading "select" parts of the report to the committee just won't get it. The first report, I took it to difficult child's psychologist to review. She did the best she could in a 1-hour consult, but it was insufficient also. I had to learn how to interpret test score.
There's a link in the Evaluation section of https://web.archive.org/web/20111006221341/http://www.adhd-add.info/library.html entitled something like Understanding Tests and Scores that's hugely helpful for many parents.
From http://idea.ed.gov/explore/view/p/,root,regs,preamble2,prepart2,D,1992,1994, :
You'll find more specific info on this topic if you search on the above link. Also, https://web.archive.org/web/2008051...0/edocket.access.gpo.gov/2006/pdf/06-6656.pdf is another official document from the US Dept of Education that I find most helpful.
I preach against just "talking." Particularly when timelines are involved, follow up meetings and conversations with a Letter of Understanding. If a request is not in writing, assume any authority (sd administration, Hearing Officer, OCR, OSEP, etc.) will take the position that it never happened.
I believe each state has a specific timeline within which they must provide your child's records subsequet to parental request. You'd have to check your state regs to be sure of what your particlar state's is.
Hand delivery with-someone signing as "accepted by" starts the clock ticking. I have heard of no one being willing to sign however. CM is a good way to go also. Without some type of proof documents were requested, parents have little leverage getting documents shaken loose from non-compliant sds.
I never go to an IEP meeting without first having copies of the report to review several days in advance. How can the typical parent sit in a meeting, read and interpret a report? Not likely for most of us.....
And the committee chair reading "select" parts of the report to the committee just won't get it. The first report, I took it to difficult child's psychologist to review. She did the best she could in a 1-hour consult, but it was insufficient also. I had to learn how to interpret test score.
There's a link in the Evaluation section of https://web.archive.org/web/20111006221341/http://www.adhd-add.info/library.html entitled something like Understanding Tests and Scores that's hugely helpful for many parents.
From http://idea.ed.gov/explore/view/p/,root,regs,preamble2,prepart2,D,1992,1994, :
You'll find more specific info on this topic if you search on the above link. Also, https://web.archive.org/web/2008051...0/edocket.access.gpo.gov/2006/pdf/06-6656.pdf is another official document from the US Dept of Education that I find most helpful.
DramaQueenLucy
Member
Thanks for the link...I am going to check it out this weekend...busy day today at work...ugh
Charmedpea
New Member
In my school district they are required to give me copies of the iep. They wouldnt let me leave i thought I had all the paper work today they said no wait you need a copy of this iep. I dont know if its the same for all states.
It is my understanding they have to give it to you if you request it.
Try requesting it in writing.
If they say no, send them another letter thanking them for responding, and reiterating their refusal to give this to you.
If they still refuse, I say contact your state Dept. of Ed & file a complaint.
It says right there in section 1414 (b)(4)(B) "a copy of the evaluation report & the documentation of determination of eligibility will be given to the parent."
Never be afraid to cite the exact reference in the legal codes...
Try requesting it in writing.
If they say no, send them another letter thanking them for responding, and reiterating their refusal to give this to you.
If they still refuse, I say contact your state Dept. of Ed & file a complaint.
It says right there in section 1414 (b)(4)(B) "a copy of the evaluation report & the documentation of determination of eligibility will be given to the parent."
Never be afraid to cite the exact reference in the legal codes...
