iEP/ Records/ Rights

[DMR]

***Sorry long but this isn’t even all of it***
 

Hello. I have been given run around on this even though it’s part of Pa Code 22 Charter School Law. I understand per CSL an Administrator/ LEA/ Sup of SPED must be a direct employee of Trustees of Charter or they can’t be in that position and this would mean IU since they are largest providers of services in county, correct? Had anyone not received parents right for Ferpa, PPRA, IDEA and Rehab Act or the OPT forms yearly? I ask bc I have been denied all these  I asked about and  been denied records or even acknowledgement for IEP mtgs records so can  fully participate.  Hs anyone been told you received records( a few) in 3/21 on 9/25/21, They weren’t created yet and still 2/28/25.

If Pa has both a Stare and Federal laws that the State legislation compliments Federal Ferpa  but Pas has extra protections Ex: Data Privacy. egovernment Act etc. Has anyone experienced trustees, supers alter kegislation to favor them or do you feel they misrepresented themselves and the power the had ? If have where did you start to. like them hinor their duty to produce records, even ones disclosed.? The Board wrote a policy they can deny and give records to whom they want, please help or point me in directions, please

I am at my wits end for my children have 2, 1/2 and 1 1/2 years left can I request PDE / DOE for my children to get a GED, how? I am disabled and all of this is taking a toll on my heart but yet for IEPs they don’t stop .  we are also Survivors of DV and Suicide for my daughter tried at 9 and have more protections due to these.
how would you handle if your child keep taking it or stop it? I has enough but my kids I have to think of, right?

[Lisa Lightner]

Wow, that is a lot to untangle, and I can only imagine how exhausting and frustrating this must be for you. You’re absolutely right to be pushing for your children’s rights, and it sounds like you are dealing with multiple layers of roadblocks—FERPA violations, IEP records access, charter school compliance issues, and potential procedural violations under IDEA. Let's break this down into steps you can take.

 

Access to IEP Records and Parental Rights Notices (FERPA, IDEA, Section 504, PPRA)

• FERPA (Family Educational Rights and Privacy Act): Schools (including charter schools) must provide parents access to their child’s educational records within 45 days of the request. Denying or delaying access is a federal violation.
• IDEA Procedural Safeguards: You are entitled to receive a yearly copy of your procedural safeguards, which explain your rights under IDEA. Schools are required to provide this, especially if you request it.
• What You Can Do Now:
  • Submit a formal written request (if you haven’t already) stating that you are requesting your child’s full educational records under FERPA and IDEA.
  • Mention that failure to comply could result in a state complaint to the PA Department of Education (PDE) and/or a federal complaint to the U.S. Department of Education.
  • Keep all communication in writing—no phone calls!
     

    FERPA gives schools up to 45 days to provide access to educational records after a request.

    Here’s the exact wording from the U.S. Department of Education:
    "A school must comply with a request for access to records within 45 days of receiving it."

    However, IDEA (for IEP-related records) has a shorter timeframe—schools must provide access to special education records "without unnecessary delay" and before any IEP meeting or due process hearing. This means they shouldn’t make you wait the full 45 days if it affects your ability to participate in an IEP process.

    So, if they’re dragging their feet on IEP records, IDEA gives you extra leverage to push for a faster response.
     

    Charter School Law (PA Code 22) and the Role of IU (Intermediate Units)

  • Your Understanding is Correct: In Pennsylvania, under 22 Pa. Code Chapter 711, the special education administrator (Supervisor of Special Education, LEA, etc.) must be a direct employee of the charter school’s Board of Trustees—not an IU or outside contractor.
  • If They Are Violating This:
    • You can file a complaint with PDE’s Bureau of Special Education Compliance Office.
    • You can also escalate this to the Pennsylvania Charter School Appeal Board if they are mismanaging compliance.
    • Charter schools, in particular cyber charters, are under a tremendous amount of scrutiny right now as far as how much money they get and how they spend it. Our own Auditor General, a republican, found a tremendous amount of waste.

  • Can a Charter School Deny Records Based on Internal Policy?

  • Nope! A school cannot create its own policy to override state and federal law.
  • If the board has a written policy saying they can "pick and choose" who gets records, that is illegal.
  • You can:
    • Demand a written response from the school citing the exact law they are using to justify denial.
    • File a FERPA complaint with the U.S. Department of Education if they continue to refuse. (Yes, OCR was basically demolished 2 days ago but we must not accept this, imo. File complaints. They've brought back a lot of other employees that they fired)

  • Requesting a GED for Your Children

  • Yes, PDE (Pennsylvania Department of Education) has a GED option.
  • Since your children are still school-age, you may need an approved withdrawal from school or a special exception.
  • The process can be started through the PA GED Testing Program website.
  • But before making a final decision, I’d encourage you to explore other options—like homebound instruction, a different school placement, or additional supports through IDEA or Section 504.
  • First off, your feelings are valid. This is overwhelming, and no parent should have to fight this hard for their child's basic rights.
  • Your children’s mental health is a priority—if they are suffering, push for better accommodations, mental health supports, and advocacy help.

  • Immediate Action Steps

  • Submit a formal records request (again, in writing). Demand a response within 10 days and cite FERPA & IDEA.
  • File a complaint with PDE (for special ed violations) and the U.S. DOE (for FERPA violations) if they do not comply (I realize that this is different now, but we must not accept it, we need to demonstrate the value of OCR).
  • Request an independent review of the charter school’s compliance with PA Charter School Law.
  • Look into GED options through PDE, but consider other schooling alternatives first.
  • Seek outside advocacy support, such as Disability Rights PA or an educational attorney

  • You are not alone in this fight—there are ways to force compliance and protect your kids.

     

[JSD24]

My kids graduated in 2022 but I remember getting a FERPA notice annually when I updated info on the parent portal.  This was electronic.  I also was given procedural safeguards at the IEP meeting.  (I refused them.  I can look it up online if needed.)  Not sure about getting PPRA and Rehab Act or the OPT notices.

A few years ago, PDE changed mandated school age.  You need to be 18 to quit & take your GED.  I think there is a loophole where you can quit if you have a job.  This:  Section 1330 of the Pennsylvania Public School Code states that a 16 year old student "who is regularly engaged in any useful and lawful employment or service during the time the public schools are in session, and who holds an employment certificate issued according to the law" is exempt from compulsory attendance. There is no specific number of hours given in Section 1330. Therefore, each school district should have a policy that specifies how many hours of employment are necessary in order for a student to withdraw at age sixteen (16).  From:  https://www.pa.gov/agencies/education/programs-and-services/schools/school-services/child-labor-law.html#accordion-0e098facc6-item-a27ab6a14c

Pretty sure charter & reg public schools have the same rules on this.  I'm more familiar with reg public school  - that's where my kids went - this is what I'm referencing.  Homeschooling is also an option.

I'm not understanding your question about IUs.  Kids that go there, their IEPs are written by their SD.  IUs don't get progress monitored by PDE.  The IEPs would be looked at via monitoring of the public school/charter school.

Always good to communicate in writing/email so there is a paper trail of what was asked for when.  This would include FERPA records requests.  Schools do regularly destroy records.  My district has a records retention policy.  They might not have what you're asking for.