The Law Office of Lillian E. Wong
A Massachusetts Special Education Attorney

Attorney Wong is proud to announce that since January 2011, she has spent 24% of her time serving pro bono clients.

The result: two extremely deserving clients have been removed from schools where failing academically and were both victims of violent bullying.  Now both students are being educated in schools that understand their unique needs and learning styles. 

If you are looking for a special education advocate in Massachusetts, contact Boston area attorney Lillian E. Wong today.

If you are in a dispute with the school, want to learn more about your child's educational history (attendance, discipline, testing, etc.), or if you just want to make sure your copy of the records is complete, you should request to review and or receive a copy your child's educational records.  Always make the request in writing, and be as specific as possible about what information you want.  If you only want the last two years of records or only want to see discipline records make sure you let the school know.

Do you have a right to this information?
Yes.  The Federal Educational Rights Privacy Act (FERPA) grants parents the right to inspect, review, and receive a copy of their child's educational records.

What are educational records?
FERPA defines "educational records" as records that are: 1) directly related to a student and 2) maintained by an education agency or institution or by a party acting for the agency or institution.   34 CFR 99.3. Education records may be recorded in any manner, including, but not limited to, handwriting, print, computer media, video or audio tape, film, microfilm, or microfiche.   Id.

So what does that mean?  Your child's educational records might not just be in one school file.   Email correspondences about your child might be stored on the school's server.  Handwritten  IEP meeting notes might be in a teacher's notebook.   Phone logs might be kept in the secretary's office. 

How long does the school have to respond?
Districts must respond in a "reasonable" time, but in no more than 45 days.  What is reasonable depends on the nature, amount, and the location of the records you are requesting.

Can the school charge me for copies?
Yes.  The school can charge a reasonable rate for copies, as long as that fee doesn't effectively preclude a parent from accessing the records.  The school cannot charge for the cost of retrieval.  It's always a good idea to ask what the fee is for copies and approximately how many copies will be made, before the school sends you the bill.

Learn more about FERPA rights here.

If you need help requesting your child's educational records, contact Boston area attorney Lillian E. Wong today.

The law requires public schools to provide a Free Appropriate Public Education to all children.  This means that if your child's needs cannot be met in the public school, the school district must pay for your child to attend a private school that meets your child's needs (a "private placement").

If parents and schools disagree about what placement meets the child's needs, the dispute can be resolved in a number of ways.  One way is for a hearing officer to decide what placement is appropriate.  This is an all or nothing approach.  Either the school is right or the parent is right.  If the parent is right, the school must fund the private placement in full. 

But hearings can be expensive, stressful, and most importantly risky - even if you have a strong case, there is no guarantee that the hearing officer will agree.   This is why many special education disputes are resolved in settlement agreements.  Sometimes, these settlement agreements provide for cost-sharing, meaning that parents and the school both pay for a portion of the private placement. 

Cost-sharing is a particularly good idea if the parents' case for a private placement is not a "slam-dunk."  Cost-sharing is also a good option if the parents and school agree that the child needs a private placement, but will disagree over the particular school.  Usually the school's choice is less expensive than the parents'.  In this scenario, parents can offer to make up the difference between the school's offer and their preferred placement.

Of course, cost-sharing is only a viable option for parents who can afford it.   That said, cost-sharing can provide a cost-savings for parents.  Cost-sharing can expedite the settlement process, leading to lower attorney's fees and settlement-related costs. 

Even parents who cannot afford a traditional cost-sharing option should not ignore the cost-sharing .  Instead, those parents should consider applying for grants, scholarships, and financial aid to help fund the private placement.  Remember - any way you can lessen the financial burden on the school, the better your chances to obtaining an appropriate placement for your child.

If you want to request a private school (out-of-district) placement at public expense, contact a Massachusetts special education lawyer for help navigating this complex progress.