You have the right to review and inspect or request copies of your child’s school records. According to federal law you should receive access or copies in 45 days or less or without delay before a meeting.
CFR § 300.613: https://sites.ed.gov/idea/regs/b/f/300.613
“The agency must comply with a request without unnecessary delay and before any meeting regarding an IEP, . . . and in no case more than 45 days after the request has been made.”
Remember that the timelines may be different in your state than they are in federal laws. Be sure to check your state’s laws or the parents’ procedural safeguards information provided to you by your school district to make sure that the timelines are correct. For example, in California, copies of records must be provided within five business days of your request.
BEWARE: The district has the right to charge for the copies. Most districts do not. Those that do, frequently charge way too much. The law is clear that they may not charge more than the cost to make the copies. If you cannot afford to pay for copies, the district must provide them without charge. Or, you may request digital copies emailed to you to avoid charges.
CFR § 300.317: https://sites.ed.gov/idea/regs/b/f/300.617
(a) Each participating agency may charge a fee for copies of records that are made for parents under this part if the fee does not effectively prevent the parents from exercising their right to inspect and review those records.
→ Your child’s school district’s website should have a records request form with an indication of where to send it. It may be simpler and faster to use that form.
When you do not need all records, you may be specific about the documents you want.
You have a choice of how to receive the records, and you will write your choice into your letter requesting records.
You will need to put your name and address and other information to make the letter particular to your child’s needs. The content of the letter is written in first person plural or as if it is coming from two parents. Change the plural pronouns (we, us, our) to singular pronouns (I, me, my) if the letter is coming from one parent.
Whether submitting the letter by email or hand delivery, please see “About Submitting Documents.”
Remember to consult your state laws or the Procedural Safeguards provided by the school because timelines in your state may differ from those delineated in federal special education laws.
Click the button below and the sample letter will automatically download to your computer or mobile device.
