Most people have read the quotation, “History is written by the victors.” In special education law, victory is often achieved by the best historians. Obtaining, keeping, and organizing educational records might be the single most important variable for your chances of a positive outcome in the event of a disagreement with your student’s school district.

Almost any special education attorney will begin your intake interview by asking for your educational records, and, should you be forced to press your student’s claims through a due process hearing, the majority of evidence bound up in heavy volumes that are ultimately presented to the judge will be made up of those same educational records. In fact, that’s a good way to think about your educational records during any phase of a special education dispute: EVIDENCE. With this in mind, follow the few simple tips below to maximize the utility of these building blocks of special education law.

Do Not Rely on the School District to Keep
Complete Special Education Records

School districts are required by federal laws such as FERPA (Family Education Rights and Privacy Act) and IDEA (Individuals with Disabilities Education Act) to keep educational records, and to make these records available to parents upon request. However, the increasing volume of records coupled with the growing ubiquity of digital or “cloud” storage has resulted in many Districts computerizing student’s educational files. While there are several obvious advantages to the digitalization of student records (conservation of storage space, environmental concerns, ease of transfer, etc.), one major drawback is that not every document which might be considered an “educational record” will find its way from the physical file to the hard drive.

Documents like IEPs, report cards, and District-provided evaluations tend to make the transition to digital format, while documents that are less easily scannable (e.g. student work samples) or documents which were not generated on a computer to begin with (e.g. teacher or service provider notes) can get lost in the shuffle. All of which is to say that documents containing valuable information about your student’s day-to-day performance and progress may not be among the records provided by a District subject to a FERPA or IDEA records request. This leads us to our next tip . . .

Cultivate Healthy Relationships With Your
Student’s Teacher or Service Provider

Parents naturally consider issues surrounding their student’s education to be both important and personal, and when disagreements arise relationships can quickly turn contentious. That said, teachers, aides and service providers can be the most valuable sources of the sorts information and records missing from sanitized District educational files. Periodic progress reports (even monthly or bi-monthly) from those on the front line can go a long way toward filling the gaps between annual or triennial data collection like IEPs and formal assessments. Get these records yourself. Keep them. The contrast between your set of records and those maintained by the District can make all the difference.

Organizing Your Records Is Almost as
Important as Having Them in the First Place

If you’ve followed the above two tips, you’ll almost certainly have a voluminous set of records for your student. When parents have thousands, or even tens of thousands of pages of documents, it will be difficult for anyone – even your lawyer, or, more importantly, a judge – to distill from this record all of the subtlety and detail that you, the parent, understand simply by being a first-hand observer. Anything that you can do to begin to isolate the issues and tell the story of your student will begin to define the trajectory of your case. In organizing your records, be attuned to a couple of focal points.