Whenever parents retain my firm, I ask them to sign a form requesting all of their child’s education records be sent to me as their special education lawyer. It’s a standard “FERPA” request…the easiest way to explain FERPA is that it is sort of like the educational version of HIPAA. Bottom line is that I can not legally access a child’s special education records without the parents’ permission.
Over the years in my special education law practice in Connecticut, I have modified my FERPA request to account for situations I’ve encountered in litigation. So, a few years ago, I added the words “including ALL EMAILS” to my FERPA request.