Many parents of children with disabilities do not understand that they have an absolute right to view their child’s school records AT ANY TIME. There have been incidents where school districts have restricted, limited or even denied parents that right. This section of the Settlement is merely meant to emphasize that right and that such should be enforced by the NJDOE and ALJs, especially the timing of that access.
Relief #17 – Paragraph 20
“Parents have the right to examine all records relating to their child with a disability. 20 U.S.C. § 1415(b)(1); see also 34 C.F.R. §§ 300.501 and 300.613.”
What does this mean?
This is simply a restatement of this absolute right of access to the student records of a child with a disability by his/her parents. This right is not only one of the Procedural Safeguards in IDEA under 20 U.S.C. 1415(b)(1) and regulations, but it is also contained in the Family Education Rights and Privacy Act (FERPA) law.
Relief #18 – Paragraph 21
“An LEA must comply with a request by parents and/or their legal representative to examine their child’s records “without unnecessary delay and before any meeting regarding an IEP, or any [due process] hearing . . . or resolution session . . . , and in no case more than 45 days after the request has been made.” 34 C.F.R. § 300.613(a) (emphasis added); see also N.J.A.C. § 6A:14-2.9(b) (“The parent, adult student, or designated representative shall be permitted to inspect and review the contents of the student’s records maintained by the district board of education pursuant to N.J.A.C. § 6A:32-7 without unnecessary delay and before any meeting regarding the IEP.”).”
What does this mean?
This is a very important section because it explains when a school (LEA) must provide access to the student’s records. First, it is clear that the parents of the child with a disability OR their legal representative has the right to review the records and the school must comply. Schools sometimes require the parents to sign permission for their legal representative to review the records, but that is not required by the regulations.
Second, the timing of access is set forth in IDEA regulation 34 C.F.R. 300.613. The school must provide access (a) before an IEP meeting; (b) before a resolution session or mediation; (c) before a due process hearing; or (d) without unnecessary delay, which is not more than 45 days after the request. The conclusion here is if you are a parent, request to review your child’s records as soon as possible.
Relief #19 – Paragraph 22
“State Defendants must enforce a parent’s right to inspect and review their child’s education records in accordance with the above-referenced regulations.”
What does this mean?
This simply means that the NJDOE and the OAL, including all ALJs, must enforce this right. If a school district pushes back on a parent’s right to access the records, file a complaint about it or raise it to the ALJ if you have a pending due process case. [There is a way to allege a violation of this issue. Go to our Complaint Form page.]