FERPA question?

[sisymay]

What is the name of your state? GEORGIA

Public school did eval to see if my dd qualified for special ed. I wrote and asked for copies of test protocols. I was told school does not give copies of protocols because of the test company copyrights.
But, FERPA law states parents have right to inspect review and recieve copies of ALL educational documents pertaining to their child.
Some people have told me that test protocols are not part of childs educational records, others told me they are.
Some parents say they couldn't get copy of test protocols, some others have.
I am not sure what to do about this.
I have been advised to ask school to show me their written policy that states they can not give copies of test protocols, and also ask for PWN of why they refuse to give this to me.
IS it legal for me to get copies of my dds' testing protocols??

 

[notsmartmark]

FERPA does not guarantee copies of school records, just access unless failure to do so would effectively prevent the parent from exercising the right to inspect and review the records. One such case is when the parent does not live within commuting distance of the school.

Typically schools do not need to release copies of test protocols. The Office of Special Education Programs (OSEP) has indicated that protocols do not need to be copied and released. California is one state that is an exception to this rule.

If you had an outside psychologist/lawyer/out-of-state parent and s/he wanted to request and review the protocols and travel etc. wouldn't permit reviewing at the school district, you might have a case for a copy.

Prior written notice (pwn) is not necessary in this case because pwn must be given to the parents of a child with a disability a reasonable time before the public agency_
(1) Proposes to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child; or
(2) Refuses to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child.

Copies of records, in this situation do not meet the requirement for pwn.