school records

Discussion in 'Special Ed 101' started by klmno, May 26, 2007.

  1. klmno

    klmno Active Member

    I rec'd my difficult child's school records and noticed none of my correspondence to them was in there. maybe they didn't copy it because they thought i didn't need it, but, how do i know my letters clarifying their mistakes and other things ever made it to his file?
     
  2. Sheila

    Sheila Moderator

    It may be just an oversight on their part.

    There's a couple of ways you might want to consider handling this. I'd think most of your correspondence should be in his Special Education file.

    1) You can appear in person and ask to see the file.
    2) You can send another certified mail letter advising that the documents you received appear to be incomplete -- please recheck and forward any info or documents not included in the docs I received May __, 2007.
    3) You could make copies of all your correspondence and forward them to the school district under a cover letter advising that the enclosures were not provided in the documents received May __, 2007 and they are a part of the school records.

    I opt for #2. It gives them an opportunity to correct an honest mistake in a non-confrontational manner and if they don't, it may be additional ammo for any legal action you might want to pursue. Also, if #2 proves to be unsuccessful, #3 can be a follow up.

    Others may have additional suggestions I haven't thought of.

    Personal story: I had the same thing happen. I found out they were trashing my correspondence because they didn't want them in difficult child's file in case they were audited for compliance by the State or the Feds.

    The school district didn't like it when I started closing each document with, "This document is to be retained in difficult child's IDEA/Section 504/ADA/Special Education file until written consent is received by me to destroy it."

    An excerpt from correspondence I forwarded to the former Special Education Director and cc'd to several XISD employees and Texas Education Agency Special Education Compliance Dept. after receiving a Certified Mail letter from the Sp Ed Director:

    I replied in part, "...The last paragraph of your letter concerns me deeply for several reasons. It states, "Please be aware that all correspondence will be maintained in a file separate from your child's educational records. The educational files are reserved for those documents that a school district is required to maintain and that may be audited. Your request to keep your correspondence will be honored, and all that is received through the US mail will be responded to in a timely manner and filed in a folder under your name.""

    Ms. Sp Ed Director and I subsequently had a pretty heated conversation regarding the school district maintainig a "parent file" in that I wasn't a student of XISD. The US mail notation is another story.....

    As I said, your situation may be just a oversight. I relayed my experience because I know that some districts can get pretty creative and limit the definition of "educational records" when it suits them.
     
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