Understanding the Family Educational Rights and Privacy Act (FERPA)

At ConnectEd Advocates, we believe every child deserves a quality education tailored to their unique needs. A key aspect of this process is understanding the Family Educational Rights and Privacy Act (FERPA). This federal law plays a vital role in protecting student records and ensuring families have the rights they deserve regarding their child's education.

WHAT IS FERPA?

FERPA, enacted in 1974, grants parents and eligible students—those over 18—specific rights concerning education records. This includes the right to access records, request amendments to inaccurate information, and control the disclosure of personally identifiable information. Understanding these rights is essential for ensuring transparency and accountability in educational settings.

THE IMPORTANCE OF FERPA

The importance of FERPA goes beyond mere compliance; it empowers parents and students to engage actively in their educational journey. When parents are informed about their rights, they can advocate more effectively for their children, ensuring they receive the appropriate services and supports. Additionally, FERPA fosters open dialogue between families and schools, encouraging collaboration to address student needs while protecting students' personal information from unauthorized access.

FERPA RIGHTS AND RECORDS REQUESTS

For parents, the first step is to familiarize themselves with their FERPA rights. The U.S. Department of Education provides comprehensive information on how to exercise these rights. When you have concerns about your child’s records or educational progress, it’s essential to make a formal request to the school for access to those records. Schools are required to respond to these requests within 45 days. However, it's important to note that this request only covers records available as of the date of the request. If the school takes the full 45 days to respond, you may need to make recurring requests to receive updated records.

For students with Individualized Education Programs (IEPs), requesting specific documents is crucial. These documents include past IEPs, behavior intervention plans, health plans, disciplinary records, and student report cards. One of the most important records to obtain is the Special Education Service Log. This log provides families with essential information about whether their child is entitled to compensatory services. It's crucial to be aware that there is a statute of limitations for requesting these services, making timely access to records even more important.

SIGNIFICANCE OF STUDENT RECORDS

IEPs are crafted based on team decisions that revolve around the student’s data, and having access to all relevant school records enables parents to legitimately propose or refuse decisions made by the team. Being proactive in addressing any discrepancies or concerns you notice about your child’s services is also essential. The sooner issues are flagged, the easier it is to amend records or address concerns effectively.

For educators, educating families about FERPA and their rights is vital in fostering a collaborative relationship. Keeping clear and accurate records is essential, especially if disputes arise. Educators should respond promptly when parents raise concerns, as timely communication helps prevent misunderstandings and builds trust.

It’s also important to recognize that while FERPA protects student privacy, it allows schools to retain records for longer periods than some parents might prefer. Schools often keep records for years to comply with various state and federal requirements. Therefore, if parents are concerned about their child’s education or behavior, communicating these concerns early on ensures that relevant information remains available for discussion.

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At ConnectEd Advocates, we understand the significant role FERPA plays in supporting students with special needs. By empowering parents and educators with knowledge about their rights and responsibilities under this law, we can work together to create a more inclusive and responsive educational environment. Remember, understanding FERPA is not just about compliance; it’s about advocating for your child’s best interests. Let’s connect and ensure every student receives the education they deserve!

For more information or to discuss specific concerns, don’t hesitate to reach out to us at ConnectEd Advocates. We’re here to help!

Are Schools Bypassing Consent? What Parents Need to Know About IEP Changes

At ConnectEd Advocates, we understand that navigating the complexities of Individualized Education Programs (IEPs) can be challenging for parents. One common concern is the ability of school districts or case managers to make changes to an IEP without parental consent. While the Individuals with Disabilities Education Act (IDEA) mandates parental involvement in the IEP process, there are some nuances to be aware of.

WHAT THE LAW SAYS

Under IDEA, parents have the right to be involved in any decisions about their child's education, including changes to the IEP. Generally, significant changes require parental consent. However, minor adjustments may not always necessitate explicit approval. States may have specific regulations that further clarify these processes.

Examples of Allowable Changes Without Parental Consent:

1. Change in Service Provider: If a school district needs to change the individual providing a service (like a speech therapist), they may do so without parental consent as long as the service remains the same. For example, if a school hires a new speech therapist who provides the same level of service, this change can typically be implemented without informing parents first.

2. Scheduling Adjustments: Minor changes to how or when services are delivered can also occur without parental consent. For instance, if a school decides to shift a child’s occupational therapy sessions from Thursday mornings to Wednesday afternoons, this is often permissible, provided the overall services remain unchanged.

CLERICAL ADDENDUMS

In addition to these examples, clerical addendums can be made to the IEP without parental consent. These might include corrections of typos, updating contact information, or making minor adjustments to the language used in the IEP that do not alter the educational plan. For example, if a student’s name is misspelled in the IEP, the school can correct this error through a clerical addendum without needing parental approval.

PRIOR WRITTEN NOTICE

Regardless of whether parental consent is required, districts are typically obligated to provide a Prior Written Notice (PWN) when changes are made. This notice, which may be referred to by different names in various states—such as "Notice of Proposal or Refusal to Change" or "Notification of Change"—serves to inform parents about the changes, the reasons for them, and any options available. This ensures transparency and allows parents across the country to stay informed and involved in their child's educational journey.

WHAT HAPPENS IF PARENTS DISAGREE?

If a school makes a change to an IEP and the parents do not agree after receiving the PWN, several steps can be taken:

1. Discussion with the IEP Team: Parents can request a meeting with the IEP team to discuss their concerns. Open communication can often help clarify misunderstandings and lead to a resolution.

2. Formal Dispute Resolution: If discussions do not resolve the issue, parents can explore formal dispute resolution options, such as mediation. Mediation is a collaborative process where a neutral third party helps both sides reach an agreement.

3. Due Process Hearing: If mediation is unsuccessful or not pursued, parents have the right to request a due process hearing. This is a legal proceeding where an impartial hearing officer reviews the case and makes a binding decision.

4. Maintaining Current Services: Until the dispute is resolved, parents can request that their child continues to receive services as outlined in the previous IEP. The school must maintain the status quo until a final decision is made.

5. Consulting an Advocate or Legal Counsel: Parents may also benefit from seeking advice from a special education advocate or legal counsel who can help navigate the process and advocate for their child’s needs.

AN EXAMPLE THAT REQUIRES PARENTAL CONSENT:

A significant change, such as altering the educational goals or modifying the type or frequency of services, would require parental consent. For instance, if the IEP team decides to reduce the number of hours a child receives special education support from 10 hours per week to 5 hours, this change must be discussed with parents, and their consent is necessary before implementation.

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It’s essential for parents to remain engaged in the IEP process and to ask questions if they feel uncertain about any changes. At ConnectEd Advocates, we are here to empower you with information and support to ensure your child receives the education they deserve. If you have concerns about changes to your child’s IEP, don’t hesitate to reach out to us for assistance!

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