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FERPA Complaint

Started by jilly, Dec 06, 2004, 10:04:05 AM

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jilly

Has anyone ever filed a complaint against a school that didn't follow FERPA?  What's the procedure?  Do you complain to the school board first before sending in the formal complaint? Do you just go straight to the agency in charge of this and let them straighten the school out?  I know that there's a form letter on this website for a complaint that can be used.  Just want to make sure of the steps before proceeding.

DH provided SASEs to SDs teacher and asked her to send him copies of anything/everything that goes to PBFH.  We were getting things sporadically so DH sent FERPA letter.  We still aren't getting copies of everything that goes to PBFH.  He wasn't even notified of the parent/teacher conference that was held before the end of the first 9 weeks.

jilly

I did a search online for FERPA and went to the Department of Education website.  They have an Online Library which has responses to letters requesting clarification of certain FERPA issues.
I found a letter to a parent regarding correspondence the Texas Assistant Attorney General sent to the Department of Education.  The letter had some very interesting informatin in it and I am inserting it here for reference.  Sounds like my DH is just going to have to tolerate not being copied on everything. GRRRRRRR

"Under FERPA, a school must provide a parent with an opportunity to inspect and review his or her child's education records within 45 days of the receipt of a request.  A school is not, however, required to provide a parent with copies of education records unless a failure to do so would effectively prevent the parent from obtaining access to the records.  A case in point would be a situation in which the parent does not live within commuting distance of the school.  34 CFR § 99.10.

While a school is required to comply within 45 days with each individual request for access, a school is not required by FERPA to honor standing requests, to provide immediate access to records, or to send out grades to parents at the end of marking periods.  Additionally, FERPA would not require a school to provide parents documents such as school calendars, updates, or notices of parent/teacher conferences because such documents do not generally contain information that is directly related to individual students.  Likewise, a school would not be required to notify parents about school plays, spelling bees, or sporting events in which their children may be participating.  Also, schools are not required by FERPA to permit parents to attend parent/teacher conferences -- such decisions are made at the discretion of local and State officials."