We have a doctor’s appointment for our child. The doctor had asked us to bring a copy of the report card and any notes from the teacher and/or social worker. When I told the principal that I needed this information for the doctor he told me NO THAT I COULD NOT HAVE THEM. If the doctor wants the information then they will have to fax or write me a request for the information.
Do I not, as a parent, have the right to my child’s school records? I thought by law that I was entitled to them and that no one else could have access to them without my permission, ie. doctor, etc.
I called OCR and asked. They said yes we are the only people to have access to the records. They referred me to FERPA (Family Education Rights and Privacy Act). I called them, explained the situation. They also informed me that we are the ONLY people to have access to them. FERPA told me to call the supt. and have him help me get the records. Wrong thing to do. He gave me the song and dance routine that only the doctor can get the records not the parents. What is the school district trying to pull????
FERPA also told me to tell the Supt. that by denying me access to those records that they are in risk of being in violation with FERPA. The Supt. got very angry when I mentioned it. Hey just give us what we need. That is all we are asking for. The Supt. became very nasty with me.
Anybody have any thoughts on this?
Re: School Records
We have found that it always best to do this sort of thing in writing. Schools, like hospitals and Dr’s. offices, often like to exercise control in this manner but the truth is you are entitled, by law, to your records ( or your child’s).
It doesn’t really matter if they are angry or upset with you for exercisng that right - as long as they produce what you request. Don’t be intimidated!
Re: School Records
Ok, I am gonna play dumb here, but it occurs to me that the report cards have been in your posession multiple times since your child was enrolled in school. They do after all send them home periodically to be inspected, signed and returned. So it can’t be that.
Have they also denied you the right to inspect the other records in question? If so, then you should make a real point of taking a little peek at them and seeing what they are hiding.
I would also tell the doctor to go ahead an make the request to send for those records. Fill out the necessary release form and all that. But di be sure and have the doctor understand that you will be given copies of all the paperwork that the schools send to his/her office.
Having once encountered a similar situation, all I can say is that being wrong doesn’t necessarily make them give in.
We found that a good advocate was able to get across to them that we were serious. Other parents have had to use an attorney. Often, just a well written “lawyer letter” is enough to get them to do the right (and legal) thing. They’ll show the “lawyer letter” to their lawyer, who will tell them that you are right, and they will back down.
Particularly here in MA, where the state laws have been in flux, we’ve had situations where the school staff was simply misinformed. They really thought THEY were right, and it took some effort to make them believe otherwise.
Karen