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Letter 2: Request for Education Records

When to Use It

Send this letter before any IEP meeting, before any due process hearing, and any time you sense the school’s file says something you have not seen. Two federal laws give you the right to inspect and review your child’s education records: FERPA (20 U.S.C. § 1232g; 34 C.F.R. Part 99) and the IDEA (34 C.F.R. § 300.613). FERPA sets an outer limit of 45 days. The IDEA is stricter for special education records: the district must comply without unnecessary delay and before any meeting regarding an IEP or any due process hearing - and never later than 45 days (34 C.F.R. § 300.613(a)).

Send it to: the district’s records custodian or registrar, with a copy to the director of special education.

A note on fees. A district may charge a reasonable copying fee, but only if the fee does not effectively prevent you from exercising your right to inspect and review (34 C.F.R. § 300.617). It may not charge you to search for or retrieve the records. The letter asks for the fee schedule up front so there are no surprises.