Know Your Rights · FERPA & IDEA

IEP Confidentiality and Parent Records Rights: FERPA and IDEA Explained

Your child’s special education records are protected by two federal laws, FERPA and IDEA. Together, they give parents strong rights to access records, limit disclosure to third parties, and challenge inaccurate information. Most families don’t know how to use these rights. Here’s a practical guide.

Two Laws, One Child’s Records

Special education records are protected by both FERPA (the Family Educational Rights and Privacy Act, 20 U.S.C. §1232g) and IDEA (34 CFR §§300.610–300.626). FERPA is the broader student privacy law covering all students; IDEA adds additional specific protections for special education records, which are among the most sensitive educational records a child has.

Understanding both laws gives parents a powerful toolkit for accessing information about their child, correcting errors, and controlling who else sees the records.

Your Right to Inspect and Review Records

Under IDEA (34 CFR §300.613), parents have the right to inspect and review all education records relating to their child that the school district holds. This includes:

• IEPs (current and historical)
• Evaluation reports and assessment data
• Progress reports
• Eligibility determination records
• Prior Written Notices
• Disciplinary records involving special education
• Correspondence between school staff about your child
• Medicaid billing records related to IEP services

The school must comply with your request without unnecessary delay and before any IEP meeting or hearing, and in no case more than 45 days after your request.

Your Right to Request Amendment

If you believe that a record the school maintains about your child is inaccurate, misleading, or violates privacy rights, FERPA and IDEA give you the right to request that the record be amended. The school must:

1. Decide within a reasonable time whether to amend the record as requested
2. If they decline, inform you of their decision and your right to a hearing
3. At a hearing, give you a full and fair opportunity to present evidence that the record is inaccurate
4. If the hearing finds in your favor, amend the record; if not, you have the right to insert a statement of disagreement that becomes part of the record

Who Can Access Your Child’s Records, And Who Can’t

FERPA restricts who may access student records without parental consent. The school can share records without consent with:

• School officials with a legitimate educational interest
• Another school to which the student is transferring
• State and federal education authorities for audit or evaluation purposes
• Courts (with a subpoena)
• Other specific exceptions

The school cannot share records without parental consent with:

• Outside service providers not under contract with the district
• Researchers (without explicit consent)
• The media
• Other parents or community members

Read a full overview of your rights as a parent under IDEA.

Special Concerns for IEP Records

Special education records carry additional sensitivity because they contain disability diagnoses, psychological testing data, behavioral observations, and medical history. A few specific issues parents should be aware of:

• Destruction of records: When your child is no longer eligible for special education, the school must notify you and may destroy records after a certain period, unless you request copies first. Request copies of all records when your child exits special education.
• Records at transition: When your child transfers to a new school or district, special education records should be transferred. Ask explicitly that this happens and confirm receipt.
• Email communications: School staff emails about your child are education records and are subject to records request. If you request “all records” the school has about your child, that includes email.

Learn about parent rights to record IEP meetings in North Carolina and other states.