Jessica: Parents requested all student records and emails pertaining to their child with an IEP. The school responded that they spoke with their lawyer who said the emails don’t fall under FERPA or IDEA student records, but could be received under a public records request. The problem with this designation is the school is under no obligation to waive the fee for copying and have a proposed bill amounting to nearly $1/page for all the “actual costs” of copying the over 1,700 emails. Short of hiring an attorney, what protections do the parents have in getting access to the communication concerning their child? The intent of IDEA was to safeguard parent rights and it seems classifying the exact same request under a different law effectively prevents these protections. My understanding is this topic isn’t firmly established, and it was a decision in CA that other schools have based this move off of. How can parents get around this cost obstacle?
In AZ, is the school required to release emails exchanged between teachers and staff regarding a student under a public records request?
In Colorado does the school have to release emails between staff members about a student, notes made by a counselor, notes taken at a 504 meeting to a custodial parent requesting records u see FERPA?
The PEAK Center in CO or the Disability Rights project, CO should be able to address this for a parent.
What is the current ruling for parents to access emails about their child to and from parents and school staff in the state of Massachusetts?
The Massachusetts parent training project should be able to answer this. http://www.parentcenterhub.org/find-your-center
Are parents email addresses considered private records for students?
Not usually, unless their is a state law or rule regarding this.
Do we have to send group emails bcc or is it ok for email addresses to be visible to other students? For instance, can we send class power points in an open group email or do the addresses need to be sent bcc?
So are emails regarding special education services between school staff educational records of student?
I am not sure if all courts have ruled yes, but this is the case in many states.
So, how do I know if the school has supplied me with ALL email exchanges between staff (teachers/administrators/staff) related to my student? Who pulls the emails and how do I ensure they have searched the database completely?
There is no sure way to know that they did. You can ask in writing if they checked with anyone who did or may have dealt with your child. If they do not respond in writing, respond in writing to them with what they told you verbally. If you ever learn that some email was not given to you, the paper trail could be helpful.
My child has been neglected by the school system on several accounts. He was locked in a closet for behavior management, locked out of the classroom and did not receive his accommodations that were due him from his I.E.P and Behavior Plan. His behavior specialist admitted neglect on yesterday. I need help.
Kim,
I would file a state complaint immediatley. Make sure you have documented all of the neglect your child has faced.
I suggest contacting your state parent training and information center. http://www.parentcenterhub.org/find-your-center
The school can charge for copies but according to the law it must be a “reasonable charge” whatever that is. Our school let me go in and review the records and then I picked the exact one’s I wanted so I would not have to just “get them all” and that lowered the cost. They also had a cost of so many for a fee and then after a certain amount it was slightly less per page but yes it cost us some money to get the records. The school is within their right to do that.
But under FERPA;
While FERPA requires the school to allow the student to inspect and review his educational records, it does not require the school to provide the student with copies of those records, unless the requirement to inspect the records in person would effectively deny access to the records. No fees may be charged for retrieving the records, but a reasonable fee may be charged for providing copies of the records, provided that the fee would not prevent access to the records.
AGAIN ;
“provided that the fee would not prevent access to the records.”
If it were me, I would ask to view the e-mails first, so you can decide which ones to request copies of.
That’s a great idea; however, parents were told some emails contain other students and that information would have to be redacted. Ideas on how to get around this?