Foia

[MusicNote]

What is the name of your state (only U.S. law)? VA
If a public school denies a parents request for copies of her child(s) school records is this a violation of the Freedom on Information Act?

Thanks in advance for your help.

 

[mlane58]

No, The FOIA applies only to federal agencies and does not create a right of access to records held by state or local government agencies. Each state has its own public access laws that should be consulted for access to state and local records.

 

[FlyingRon]

Virginia also has their own FOIA. However, it rightfully doesn't apply to educational records.

Under the Virginia FOIA, you're allowed to request your OWN student records (this also applies to parents when the student is under 18). There are a few further exclusions.

Further, their is federal law here as well. FERPA applies to ANY school that receives federal aid (likely any public school in Virginia qualifies) requires the school provide the records.

FERPA info here: http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html

Note FERPA only gives you right to INSPECT. There's no requirement for them to provide copies under FERPA. However the Virginia FOIA requires them to allow you to make copies.

What district are we talking about? What records?