Know Your Child’s Rights Concerning his/her School Records
A Publication of Center Without Walls |
What Records Do Schools Keep On Students?
Elementary and JHS/IS Student Records
High School Student Records
What information can be put in a child’s records?
Out-of-school activities or incidents of the student and family cannot be entered in school records.
What can you do about negative information in your child’s school records?
Under the Family Educational Rights and Privacy Act (FERPA), you have a right to amend or contest any derogatory information in your child’s school records.
Add your own entry
Any time the school enters information into your child’s file that is untrue or only presents one side of the story, you can add any information into your child’s file and have it attached to the derogatory information you disagree with. This was, anybody who sees the derogatory entry will also see the other side of the story.
Appeal to have the information removed
Whenever the school enters information into your child’s file that should not be there, you should appeal to have that information removed/
The type of entries that you should appeal are:
Who to Appeal To - Step by Step
Non Special Education Records
Special Education Records
How do you get access to your child’s records?
As protected by FERPA, you have a right to access your child’s entire school record (if your child is 18 or over, s/he must sign a waiver giving you access to his/her files).
When you request to see your child’s record, the school must make your child’s file available to you as soon as possible but the law gives them up to 45 school days to comply.
To make sure that the school does not ignore (or forget) your request, put your request in writing, keep a copy and send the request certified mail, return receipt requested (or get a receipt from the office if you deliver the request in person).
You also have a right to get a copy of your child’s entire record. The school can charge you up to 25¢ a page, but this cost can be waived if you say that you cannot afford it.
Who else can see your child’s records?
Access to your child’s records is protected by FERPA.
All high school students have the right to access their school records.
Board of Education employees can have access to information in your child’s file when they have a "specific and legitimate educational reason for the request." (Chancellor’s Regulation A-820, p.13) In other words, Board of Ed employees do not have open access to any student’s records, but must write a request for access to information, stating the reason they need it. Only a student’s guidance counselor does not have to request permission to see a child’s file.
Non Board of Ed employees may not have access to your child’s file unless 1) you give permission for that information to be given to the requesting agency or person, or 2) there is a "court order, state law or lawfully issued subpoena" requesting the information. Likewise, the school cannot give out any "personally identifiable information" about your child to non Board of Ed employees.
What do you do if the school illegally gives out information concerning your child?
The Family Policy Compliance Office
If your child’s school violates any of your child’s FERPA rights (does not give you access to your child’s records or illegally gives out information about your child), you can always write a complaint to the:
Family Policy Compliance Office
U.S. Department of Education
600 Independence Avenue, SW
Washington, DC 20202-4605
Writing this office is a serious step. It is always a good idea to start writing your complaints at the bottom (i.e. the teacher/principal) and working your way up. That way you give as many people the opportunity to right the wrong, and you make the fewest enemies.