Requesting Education Records – FERPA

If you are working on your child’s IEP and records binder this summer, make a list of the records you are missing from school. Parents can the right to INSPECT AND REVIEW their child’s education records. Special Education students, including services provided to students under Individuals with Disabilities Education Act (IDEA).

Public schools and school districts receive funds under programs administered by the U.S. Dept. of Education. FERPA is Family Educational Rights and Privacy Act (20 U.S.C. Sec 1232g, 34 CFR Part 99) that applies to the above-described educational agencies and institutions.

There are areas of confusion regarding the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule.
Is your child’s school is a covered entity?
Are the health records “education records” or “treatment records” and what is considered “protected health information” under HIPAA?

If you are running into problems accessing your child’s records, call my office.