Q: Can the school keep important information about a child away from their parents?
Information as in if the child should be recieving special education benefits like accumulated tests and such without the parent’s knowledge. I’m asking because my daughter was given an accumulated test as her exam. She then decided to email her teacher and the teacher replied in real life saying that there was a meeting about her where they told him to give her accumulated tests. I never knew about this. I wasn’t called for any meetings or recieved any emails. She has only ever been in special education for her speech, NOT for her intelligence.
A:
The Family Educational Rights and Privacy Act (FERPA) is a federal privacy law that gives parents certain protections with regard to their children's education records, such as report cards, transcripts, disciplinary records, contact and family information, and class schedules. As a parent, you have the right to review your child's education records and to request changes under limited circumstances. To protect your child's privacy, the law generally requires schools to ask for written consent before disclosing your child's personally identifiable information to individuals other than you.
Schools must honor your request to review your child's education records within 45 days of receiving the request. Some states have laws similar to FERPA that require schools to provide access within a shorter period of time. FERPA requires that schools provide parents with an opportunity to inspect and review education records, but not to receive copies, except in limited circumstances.
Parents whose children receive services under the Individuals with Disabilities Education Act (IDEA) may have additional rights and remedies with regard to their children's education records. Your question does not make clear whether your child is classified as eligible for special education and related services.
Disclaimer: Answers to questions are for general purposes only and do not establish an attorney-client relationship.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.