Wednesday, January 19, 2011

Ask for the Email

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.

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