IDEA Complaint Decision 24-081

(department) received a complaint under state and federal special education law from #### (advocate) on behalf of #### (parents) against the #### (district). This is the department’s decision regarding that complaint. The issue identified is whether the district properly responded to the request from the parent of a student with a disability for student records during the 2023-24 school year.

Under the Individuals with Disabilities Education Act (IDEA), a school district must comply with a parent’s request to review special education records without unnecessary delay and before any meeting regarding an individualized education program (IEP). In no case may the district response be more than 45 days after the request has been made. School districts may charge a fee for copying costs of special educational records if the fee does not effectively prevent the parents from exercising their right to inspect and review those records. 34 CFR § 300.617(a). School districts may not charge a fee to search for or to retrieve special education records. 34 CFR § 300.617(b). While both state and federal law include additional requirements related to parent’s access to pupil records, the department’s authority in an IDEA state complaint regarding records is limited to special education records. 34 CFR § 300.613.

The student who is the subject of this complaint attended sixth grade in the district during the 2023-24 school year. On December 8, 2023, the student’s parents made a written records request to the district for “all education records of my child” from the 2021-22, 2022-23, and 2023-24 school years. Specifically, they requested several categories of “Educational Records, and any other education records for my child,” including categories regarding special education, such as IEP documents, assessment reports, and behavioral intervention plans.

The student’s parents requested the district provide the records within 30 school days. After emails and discussions in person regarding timing, the district sent a letter to the parents, explaining “we have not and will not agree to satisfy your request in 30 days or in any other fixed period of time, and the law does not require that we do so.” The district also stated that “[t]he request that has been filed is overwhelming and oppressive. If this request were to be processed ‘as is’ the cost of reproducing records in this case would be incomprehensible.” On February 5, 2024, the district emailed the parents to let them know half of the request had been completed and location fees and copy costs were due. The district asked the parents one clarifying question regarding the scope of their request. On March 6, 2024, the district sent a reminder email stating “the first portion of the records you have requested are available to pick up at the District Office, provided that we receive the associated payment.” The district asked if the parents wanted the district to continue to fulfill the second part of the request. The parents responded the same day to indicate they wanted to continue the second part.

On April 5, 2024, one of the student’s parents emailed the district, explaining that the amount charged so far was “...denying our right to inspect and review our child's records. What other avenues can you provide?” On April 16, 2024, the parent sent a reminder email to the district regarding the fees. On April 30, 2024, the district replied, explaining that high-volume copying will cost a fair sum, especially when there are location costs involved. The district invited the parents to review records in person at any time, with reasonable advance notice. The district also asserted it was entitled to charge “for the costs associated with locating and reproducing pupil records.” The parents requested an itemized invoice on May 7, 2024. The district’s invoice charged fees for locating all document categories, including categories describing special education records such as the student’s reevaluation, IEP, and behavior intervention plan. To date, the parents have not arranged a time to view records in-person, have not paid any fees, and have not obtained copies of any of the records from the request.

Under the circumstances of this case, the district did not properly provide the student’s parent access to special education records within 45 days. The district was not permitted to charge the parents a fee to search for or retrieve these records. The district did not properly respond to the records request from the parent of a student with a disability for student records.

Within 10 days of this decision, the district shall provide the parents with access to all special education records located during its search. The district shall not charge fees for searching, locating, or retrieving the special education records. Within 30 days of this decision, the district shall provide the department with a proposed corrective action plan to ensure that the district promptly and properly responds to special education records requests of students with disabilities.

All noncompliance identified above must be corrected as soon as possible but in no case, more than one year from the date of this decision. This concludes our review of this complaint. This decision is final for the IDEA State Complaint process. These issues may be addressed through other dispute resolutions, including mediation and due process hearings. For more information, visit the department’s website at http://dpi.wi.gov/sped/dispute-resolution or contact the special education team at (608) 266-1781.