Accessing School Records Guide

Summary

In California, you can access your high school records under FERPA by submitting a written request to your school. The school must respond within 45 days and may charge a reasonable fee for copies. If denied, you can file a complaint with the U.S. Department of Education. Records sent via email are considered copies, and schools may charge for this service. Ensure your request letter is clear and includes proof of identity. For privacy concerns, FERPA and the Confidentiality of Medical Information Act protect your information. If your records are shared without consent, you can file a complaint. For legal name and gender changes, request your school to update records. If issues arise with third-party websites, contact them directly for changes.

Full Conversation

But they don't necessarily have to make copies do they? If I ask for copies and they say no what can I do
In California, schools can charge a fee for copies of records under FERPA, but they cannot deny you access. If they do, you can file a complaint with the U.S. Department of Education's Family Policy Compliance Office.
so that means you are saying i can request copies of educational records?
Yes, under FERPA in California, you can request copies of your educational records. However, the school may charge a reasonable fee for providing these copies.
If I am requesting the records be sent via email would those be considered copies?
Yes, records sent via email are considered copies. However, the method of delivery (email or physical copy) may depend on the school's policy. It's best to clarify this with your school.
So would they still charge if its via email
Yes, schools may charge a fee for copies sent via email if that's their policy. It's essential to check with your former school to understand their specific procedures.
got it so would this look okay to send? Dear Administration, Salutations. My name is Juan Sol. I’m a former student of Mar Nino High School, having graduated in *. I am writing because am formally requesting copies of my educational records from Mar Nino High School, which is in accordance with the Family Educational Rights and Privacy Act (FERPA) * CFR § *.*. It should be noted that I legally changed my name and sex in high school, formally under the name of Juanita Eva Sol. I am requesting copies of academic records, support and behavioral management records, health and safety records, extracurricular achievement and recognitions, * plans, transition-related and legal records, and other miscellaneous educational records during my attendance as a Talon from * to *. This should be inclusive of but not limited to the following (if applicable): • Academic Records • Support and Behavioral Management Records • Health and Safety Records (medical and mental) • Extracurricular Achievements/Recognitions • * Plans (Any discussions, requests, denials, actions, etc.) • Transition-related, legal records • Miscellaneous (Parent or my approvals, authorizations, signatures, directory information disclosure) Due to the sensitive nature of the records if I could request it be sent to my Proton email. Please let me know of any costs that may be associated with the request of such records before any action is made. Thank you for your attention to this matter. Please confirm receipt of this message; I look forward to hearing from you soon. Sincerely, Juan Sol
Yes, your letter is well-written and covers all essential points. It clearly states your request, mentions the law supporting your request (FERPA), and lists the specific records you want. However, ensure to check with your school's policy on sending electronic records and fees associated with it.
should i add this? I am requesting my educational records to maintain comprehensive personal records and history for personal archival purposes.
Yes, adding the reason for your request further clarifies your intentions and can be helpful. Ensure it aligns with your school's policy. Remember, schools have the right to charge a reasonable fee for providing copies.
which is why i ask for it before they make the request
Yes, it's a good idea to ask about any potential fees before the school processes your request. This can help you avoid any unexpected costs.
so would signing it and send a identification card be enough or must i also send another document stating I grant access to myself for the following records naming the list and signing that too?
In California, a signed letter and proof of identity should be sufficient to request your records under FERPA. However, every school has different policies, so it's best to confirm with them. You don't need to provide permission to access your own records.
would sending it via pdf over email be better than just a plain email document
Yes, sending your request as a PDF via email can be beneficial as it maintains the formatting and ensures the document can't be easily altered. However, it's a good idea to check with your school to see if they have a preferred method.
so how do I go about expressing that the details of my name and sex change are private or should i not worry about the registrar sharing my details with anybody
In California, under the Confidentiality of Medical Information Act, your sex change information is considered private. You can include a sentence in your letter requesting that your private information be kept confidential. However, it's important to remember that FERPA protects the privacy of your educational records.
even if the laws about confidential stuff like confidentiality of medical information act went into action after i graduate?
Yes, the Confidentiality of Medical Information Act applies to all medical information, regardless of when it was obtained. Therefore, any details about your name and sex change should remain private, even if these laws were enacted after your graduation.
so then what about all my education records before then that are still advertising my old name and sex ?
In California, after a legal name and gender change, you can request your school records to be updated to reflect these changes. The school should comply to ensure the accuracy of their records and respect your privacy. If they refuse, you may seek legal assistance.
what iff its on a third party website?
If your old name and sex are on a third-party website, you may need to contact that website directly and request a change or removal. It depends on the website's policies. If the information was provided by the school, you may ask the school to contact the website as well.
it was uploaded by the school i had no idea that they even did so until i decided to do a google search of myself for for fun and found the records
If the school shared your records without your consent, this may be a violation of FERPA. You can file a complaint with the U.S. Department of Education's Family Policy Compliance Office. It's also advisable to contact the school and the third-party website to request removal.
i dont know if it necesaarily violated my consent though because what if my parents signed in the packet that they received at the beginning of the year
Even if your parents signed a consent form, it does not necessarily give the school the right to share your records indefinitely, especially sensitive information like a name or sex change. Do you know if the consent form specified how long the school could share your records?
no thats why im trying to get copies of my educational records including those so i can see what they say before i make any moves
That's a wise approach. Once you get your records, you can better understand what was agreed upon. If your rights under FERPA were violated, you can file a complaint with the U.S. Department of Education's Family Policy Compliance Office.
is there no statute of limitations on things of this nature?
In California, the Family Educational Rights and Privacy Act (FERPA) doesn't specify a statute of limitations for filing a complaint. However, the U.S Department of Education generally requires complaints to be filed within 180 days of the violation or of when you should have reasonably known of it.
what does reasonably known imply?
"Reasonably known" means the point at which you, using reasonable diligence, would have become aware of the violation. It doesn't necessarily mean when the violation occurred, but when you should have discovered it with a reasonable amount of effort or investigation.
understood. If a potential client reaches out to a prospectable lawyer and they present their civil rights issue and the client has structured a in detail/depth explanation of the issue with the facts and documents they have compiled for evidence and support as well as the relevant laws and codes that they relate to or show being in violation of would the potential client not have to pay as much since they were able to collect a majority of what is needed?
Lawyer fees depend on various factors, including complexity of the case, lawyer's experience, and time spent. While having detailed information can help, it may not necessarily reduce the cost. It's best to discuss fees with your prospective lawyer upfront.
in order for evidence to be acceptable such as an iphone that has a phone number containing an incriminating message on it what would be the best way to submit it? Through a screenshot? Through taking a picture of the message with another phone or possibly another way?
In California, the best way to submit evidence from a phone is often through a detailed record of the text messages. This can include screenshots or printed texts. However, it's critical to maintain the integrity of the original message. It's advisable to consult with your attorney on the best method.
its not a bunch of texts its just * single text message
For a single incriminating text message, a screenshot should be sufficient as evidence. However, you should not alter or edit the screenshot in any way to preserve its authenticity. It's recommended to consult with an attorney to ensure the evidence is presented correctly.