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references, can we read them

Submitted by an LD OnLine user on

Does anyone know if reference forms completed by teachers for a private school can be read by the parents when requested?
The forms say they are confidential but because we have been mislead by this school system we would like to read them before they are mailed out as part of the admission process requirements. My daughter’s school says we cannot read them.

Submitted by Anonymous on Sun, 06/03/2001 - 11:32 AM

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Hm. Good question. Many times recommendation forms say right on them…. “This is confidential and parents will not be able to see it.” It’s understandable then that the school would not show them to you.

But having worked in an admissions office once, I remember that admission files were open to parents… so I’m confused.

Why not consider this? Call the private school and ask if it’s possible for you to read the recommendation forms when they come in. They’ll tell you their truth.

The reality is there here is no way around recommendations forms for the private schools and the private schools are very used to hearing from parents their concern that their child will not be fairly evalutated as there is “bad blood” between the parents and the old school. Private schools understand that parents are applying to the private school for a reason - that everything hasn’t come up roses at the other school or why would we be knocking on the private’s school door anyway?

Submitted by Anonymous on Sun, 06/03/2001 - 11:52 AM

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Thanks Sara,
The forms say confidential, nothing more. When I’m reading the Family Rights to Privacy Act it states you have to sign a waiver if you want to release your right to gain access to read them.
Your point is a good one with a private school, seems like my daughters school system is just being difficult.
Is anyone on this BB familiar with this waiver?

Submitted by Anonymous on Sun, 06/03/2001 - 1:35 PM

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Jilliane,

Records are an issue where there are many laws written to establish a parents’ righ to access. However, as stated above, if it is expressly written “confidential” and not for parents, then it would probably be considered as such by those who write it. Although, my personal opinion is you will eventually get to see it if you push hard enough, and write a well enough written request for records… In the end, will it be worth the hand wringing and anxiety?

If you have made the decision to move your child to the private school, they probably understand that you have chosen them over public for possibly many reasons. The district personell will possibly show their precious ugly underbelly if they are that mean; or they just write some benign something or other and are enjoying keeping it from you. Either way, their true colors come out.

Here’s a couple of ideas (my preference is #2):

1) If you have met with and are comfortable with the admissions personell at the private school, speak with them regarding the matter. Be brief and unemotional regarding distrust of the district, and explain your desire to be fully aware of all documents in your child’s records. You can tell them that you are maintaining an accurate copy of your child’s records at home, and just ask them there if you can have access to your child’s complete admissions folder along with any other documents that may have been sent along from the district. Inquire if they prefer your request to be in writing, but be extremely non-confrontational and pleasant. Make this out to be a non-issue almost a nuisance and see how they respond.

2) Another alternative is to let a few weeks go by, and make a point of becoming very friendly with the lady who runs the administration office and or the secretary who handles all the filing at the new school. Drop off flowers and a thank you card for helping your transition to the new placement so easy and pleasant. Let another week or so go by and just drop in and ask if you can look through your child’s records there to see if what the district sent matches up with what you have been maintaining at home. I’d bet that the private placement is not so secretive about records, nor as deceitful regarding maintanance of records, and the document you are looking for will be front and center in a folder with your kid’s name on it. If you do not tip off that you are upset/concerned or “after something”, odds are it could drop right into your lap. If you find it, don’t jump, yell, or start boiling, just act “normal”, and pull it out along with another paper or two just to disguise your interest in it and ask her to run you a copy of several documents so you can be sure your records match at home.

In a nutshell, we had an all out war with our district. My son’s records were so HUGE they would have needed a U-Haul to move them to the non-public placements we put him in. We did not have “permission” to move him, we lost at due process and eventually in federal court, but we never looked back. Our boy’s records were tampered with, modified, signatures forged and other real ugly stuff. While we were fighting, just for sport I would go in and request another records review. All requests to review records were sent certified mail, all requests were quite thorough, and even while it was considered eveidence in federal court, they still were stupid enough to tamper with documents. Mind you, I had no attorney and was fighting both them and the state dept of ed , so it got pretty hair raising. However, when push came to shove, they could only produce copies of documents but not origionals, when I had origional papers that showed otherwise. Much more was involved with our case than records, I latched on to the records issue as a way to discredit the district. Oh well.

I guess I’m just advising if you have found a safe place for your kid, and you are comfortable with where she is going to be… don’t get too caught up in the details. Keep track of the details, but don’t let them devour your every waking minute, that’s all.

Stay well documented, including your request to the district to provide the document, and their written response denying you access to your child’s records. Do the documentation thing with the public district no matter what, and then see what happens.

To answer your question: Yes, they can do it. Is it legal or right? I’m not sure. Could you fight your way through the beaurocratic sewage to get to a paper? Probably. Will it be worth it / is it of critical importance? You need to decide.

Good luck in your transition.

Andy

ps/ they are probably just ticked off that they are losing another golden goose who lays an annual special ed egg for them; she draws more funding than a non-ld student. Poor marketing skills on their part.

Submitted by Anonymous on Sun, 06/03/2001 - 1:39 PM

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Go to Sock’s web page (and others), look up the FERPA angle where they discuss the purpose of why parents have access to records. 34 C.F.R. something or other (it’s going foggy in my memory, sorry).

Obviously they are just being difficult. I always found the more they fought, the more it egged me into getting into things further, so be careful. Found out what it was like to be a pit bull, once latching onto something it became almost impossible to let go. Keep a check on your efforts and the origional objective.

Andy

Submitted by Anonymous on Sun, 06/03/2001 - 10:58 PM

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thanks for the tips, your thoughts are helpful, it is my understanding if a waiver has been signed releasing the right to read them then we have wavied our rights to read them, we never signed a waiver.
It is difficult to see schools systems ignore regulations and do what ever they want. We will have to see, but I suspect we will file a complaint just for the principle of the thing.
You’ve got one thing right, their being difficult and I suspect it is also a control thing.

Submitted by Anonymous on Mon, 06/04/2001 - 8:34 PM

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Records??

What is that. My Tim has been in thee same Jr. High for three years and I gave
them 48 hours to let me read them and there was no telephone log at all
kept after the various ohone calls I made.

Also a meeting that I called went unrecorded. Suspisious??????????

Someone removed the material from the file I suspect.

Anyone know if they have to keep records of phone calls made by parents??

Submitted by Anonymous on Sat, 06/09/2001 - 4:13 AM

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The Federal Government want to know when a teacher and parent or anyone else talk about a child. There should be a documentation page in the child’s folder and it should have a record of date, whom spoken to, and reason for conversation. Unfortunately a lot of teachers are lax about filling out this sheet and it isn’t enforced by many school systems. Ask to see the documentation sheet in your child’s folder, you have a right to see it and there isn’t a reason that you can’t.
Jerry

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