Requesting Educational Records Guide

Summary

Under FERPA, you can request access to your educational records without providing a reason. Schools must comply within 45 days. If discrepancies arise, seek clarification from the school first. If unresolved, you can file a complaint with the U.S. Department of Education. Equitable tolling may apply if you were misled or unaware of your rights. California has specific timelines for minors, generally allowing one year after turning 18 to file a lawsuit. Schools may charge fees for copies but must provide access. Consult an attorney for tailored advice.

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I WANT TO KNOW IF THIS FORMAL REQUEST TO MY FORMER SCHOOL IS PROFESSIONAL AND APPROPRIATELY STATES MY REQUEST AND IS EXPLICIT AS WELL AS UNDERSTANDABLE? Dear Administration, I hope this message finds you well. My name is **** Moe, and I am a former student of San Marino High School, having graduated in *. I am writing to formally request access and copies of my educational records as outlined below under the Family Educational Rights and Privacy Act (FERPA): * All records related to my * Plan. * Notes and records from any parties or agencies acting on behalf of the institution, including but not limited to the principal, administration, psychologists, counselors, career advisors, teachers, pertaining to my transition and mental health (including any psychologist or counselor notes if any were made). * All educational records related to sports I participated in, including any mention of my name, photos, or videos, and information on whom, if anyone, these were distributed. * All documents that required authorization and signatures of my parents. * A list of all third-party users/companies that my directory information was provided to(and how the directory information was determined). * Confidential records, including both official and unofficial changes to name and sex documents, requests or denials of accommodations, and transition-related medical documents. Thank you for your attention to this matter. If there are copy fees or if you have any questions, please let me know. Sincerely, **** Moe Please confirm receipt of this message and inform me of any fees for copies and related arrangements. (Attached as well is a copy of my identification card)
Your letter seems professional, clear, and it covers all important aspects. However, you may want to include a timeline by when you expect a response to ensure prompt action. Also, always remember to keep copies of such formal requests for your records.
I mean ideally I would like the records asap but I dont know how plausible that will be. As far as timelines go though, wouldn't my former school have 45 days to reply to the message?
Yes, under FERPA, a school is typically required to comply with a request for access to records within 45 days. However, it may be beneficial to specify a timeline in your request to ensure prompt response.
Like timeline according to me and when I want it or timeline by the laws standard?
You can specify your preferred timeline for a response, but keep in mind that the school has 45 days to comply according to FERPA. It would be reasonable to request an acknowledgment of your letter within a shorter timeframe.
and when is the timeline for being able to file a complaint into the government
Under FERPA, you have 180 days to file a complaint to the U.S. Department of Education after the date of the alleged violation or the date you knew or reasonably should have known of the violation.
what does the date you knew or reasonably should have known mean in such cases?
"The date you knew" refers to when you became aware of the violation. "Reasonably should have known" implies the date when, with due diligence, you could have discovered the violation. It promotes accountability, even if the person wasn't immediately aware of the violation.
is filling for title IX discrimnation the say same timeline and guideline for filing gender/sex discrimination disputes?
Yes, the timelines for filing a Title IX discrimination complaint and a gender/sex discrimination complaint are the same. In both cases, you have 180 days from the date of the alleged discrimination to file a complaint with the Office for Civil Rights (OCR) under the U.S. Department of Education.
No i mean a gender and sex discrimination complaint the same as FERPA and the date you knew, reasonable shouldd hace known, etc.?
Yes, the concept of "the date you knew or reasonably should have known" applies to both FERPA and Title IX gender/sex discrimination complaints. You have 180 days from this date to file a complaint with the relevant authority.
So then could someone argue that even though the discrimination occurred 8 years ago that after deciding to do a google search of themselves to which they discovered old educational records in public that were revealing their transgender status(and being that they wanted this info down they researched how that would be done). When researching how to do this they would have had to learn about laws about transgender rights and laws and codes that are enforced or must be followed for schools; in turn they also discovered that the manners the school handled their coming out and the treatment and accomodations which they received were done so discriminately and that they actually didn't have to follow what the school told them about having to use a seperate bathroom. Since the individual was a high schooler at the time they were not over * and although they were generally competent that they wouldn't have had the legal cometency to understand and dicipher the complex legal jargon or been able to defend themselves without the help of a lawyer which they wouldnt have been able to afford. As an adult this individual hadn't encountered any situation or events that would have exposed them to this legal knowledge either, and they didn't have any issues with other schools discriminating or not providing support. Would that be permissible in court(I'm not sure if thats what happens or if its up to an investigation team on whether making an apppeal to after the 180 days) to say that the person would still be able to file since the individual wasn't awarre of the violation in this perception?
The timeline of 180 days for filing complaints under FERPA or Title IX starts from the date you discovered or reasonably should have discovered the violation. However, there are exceptions. One such exception, called "equitable tolling," may apply if a person was unable to discover the violation due to factors beyond their control. This is a complex area of law and it's advised to consult with an attorney.
can you explain more in depth about equtiable tolling and give some example cases of people trying to use it with successes and fails and why it was a success or why it didn't work, as well as name the bill, or code, or department to search under to find and read the fine print details. Does being in California effect this exception?
Equitable tolling is a legal principle that allows a plaintiff to avoid dismissal of their claim even if the standard deadline has passed. This typically occurs when the plaintiff couldn't discover the violation due to situations beyond their control.
- In California, the doctrine of equitable tolling is governed by the California Civil Code and case law.
- A successful example is "Lantzy v. Centex Homes", where the court allowed tolling due to the plaintiff's reasonable reliance on the defendant's actions.
- An unsuccessful example is "McDonald v. Antelope Valley Community College District", where the plaintiff failed to show ignorance of the facts or an inability to determine the facts.
Please consult with an attorney for a deeper understanding.
can. you explain what the cases were about its hard to understand why it was a success iff i have no context for the cases
Sure, here's a brief overview:
- "Lantzy v. Centex Homes": Plaintiffs filed a construction defect lawsuit after the statutory period but were successful in arguing equitable tolling because they relied on the defendant's promises to repair the defects.

- "McDonald v. Antelope Valley Community College District": A professor filed a racial discrimination lawsuit after the deadline. The court didn't apply equitable tolling as he was aware of the discriminatory acts but didn't act promptly.
do courts have hold ups for age being a factor for this? Meaning if someone is under * would they have more of a chance of using this and being successful since their brains are not fully developed yet. ANd for the sake of this question im referring to high school age
Age can be a consideration in legal matters, especially if someone was a minor when the alleged violation occurred. However, it’s not guaranteed to affect equitable tolling. Courts evaluate on a case-by-case basis. Consulting a lawyer would provide a more personalized assessment.
if I request copies of my educational records from my former high school do I need to explain why I am asking for it?
No, under the Family Educational Rights and Privacy Act (FERPA), you are not required to provide a reason when requesting access to your educational records. Your right to access these records is not conditional on the purpose of the request.
I'm nervous that if I don't lie about why I need the records that my school and parties acting for the school that have to do with my transition from female to male, and that deal with mental health services, any authorizations signed by my parents, the process if any on deciding what information will be directory info plus alist of all third parties that my name may have been given to, and the records contained within my confidential file. I'm nervous requesting this will bring suspicion and that in a means of protecting the reputation of themself would not give records that they "dont have" but really just might hide. How would I prevent from them becoming suspicious since the documents I am requesting from my former school would help reveal the violation they made of my rights.
You have the right to request your records under FERPA and you don't need to provide a reason. If you're concerned about the school's reaction, you could focus on a broad request for all your educational records. This would include the documents you mentioned without drawing specific attention to them.
When making requests for these documents what should i preface needing it with
You can preface your request by stating that you are exercising your rights under the Family Educational Rights and Privacy Act (FERPA) to access your educational records. There's no requirement to state why you need them.
okay and am i able to gget copies of all of them?
Yes, you are entitled to request copies of all your educational records under FERPA. However, the school may charge a fee for the copies. It's advisable to ask about any potential fees in your request.
so what if i request records but when looking through them they do not show something recorded during my time as an athlete to which i found on a public website?
If you find discrepancies between your records and information available publicly, you can request clarification from the school. If they fail to provide satisfactory responses, you may consider filing a complaint with the U.S. Department of Education's Family Policy Compliance Office. It's also advisable to consult an attorney.
what are things that qualify as a satisfactory response?
A satisfactory response would:
- Provide clear and detailed explanations for discrepancies.
- Include any missing documents or information that were not in the initial batch of records.
- Offer assurance of compliance with FERPA in handling your educational records.
- Address all your concerns and queries in a comprehensive manner.
okay and what if I feel the records in question are in violation of my rights
If you believe that the records are in violation of your rights under FERPA, you can file a complaint with the U.S. Department of Education's Family Policy Compliance Office. It's also advisable to consult an attorney to discuss potential legal remedies.
I thought that in FERPA it says that you should always try and resolve the issue with the institution first?
Yes, it's generally advisable to try resolving any issues directly with the institution first. If the problem persists, then you can file a complaint with the Family Policy Compliance Office within the U.S. Department of Education.
got it and what if when trying to address the matter with the school the timeline for filing a formal complaint ends?
If the timeline for filing a formal complaint ends while you're trying to resolve the issue with the school, you may still be able to file a complaint. However, timelines are important in legal matters. It's recommended to consult with an attorney to understand your options better.
so what happens when a person comes out as trans and says they will use the mens bathroom but then the school talks to you and tells you that a gender neutral bathroom is safer(also this happened it * at my former high school) and because you aren't really aware of how this violates your right since the school is making it seem like this is the only workable solution and you just comply. Can I file discrimination by equitable tolling and at the manipulation of the school to believe that this was the only solution I had?
Under Title IX, schools are required to allow students to use bathrooms that match their gender identity. If you felt forced to use a gender-neutral bathroom, it could be seen as discriminatory. Equitable tolling might apply if you weren't aware of your rights at the time. It's recommended to consult with an attorney for advice tailored to your situation.
hmm im not sure if it would be tolling then because I was aware that the law had just passed stating trans people can use bathrooms and play on sports that most aligned with their gender identity; I wasn't aware that schools schools could force you to by using the concern of my safety as an issue when I never received any threats or harrassment from students. I do remember that when I came out one of my sisters friends whom i would hang out with with her group told me to be careful with their younger brother who had mentioned not liking transgender people, she was starkly different than her brother with an overwhelming kindness, and empathy for others. Anyway the school was prefacing the reason for why they would have me use a separate bathroom with these false rumors of these "bullies" that might be in our school waiting for the opportunity for a case like mine to present itself and harm me at the first chance. In a means to avoid the fabricated potential harm they then ended the meeting with but this is not our choice really its yours so do you want to fea for your safety or use this gender neutral bathroom and definitely be safe(although not verbatim this was the gist of what happened)
If you were aware of the law but were misled by the school into believing that using a gender-neutral bathroom was the only safe option, it could still be considered a violation of your rights. Equitable tolling might apply in this case, as the school's actions may have prevented you from understanding the violation. It's recommended to consult an attorney.
oh okay i didnt know this might still apply i was thinking that the act of misleading which results in a violation of rights making the aprty assume its the only option would have been named something else
The act of misleading someone in a manner that results in a violation of their rights could potentially be referred to as "fraudulent inducement" or "deceptive practices". However, these terms are often used in contract law and consumer protection law respectively. In the context of your situation, it might be more appropriate to discuss it in terms of a violation of your rights under Title IX. It's best to consult with an attorney for advice tailored to your specific circumstances.
For an institution that has discriminated against a student who is now a former student what cannot former student do what would that student be able to pursue for the accountability of the schools actions
A former student can take several steps:
- File a complaint with the Office for Civil Rights (OCR) under the U.S. Department of Education within 180 days of the alleged discrimination.
- Consult with an attorney to discuss potential legal remedies, including filing a lawsuit.
- If the alleged discrimination occurred while the student was a minor, special considerations may apply.
However, it's advisable to consult with an attorney for advice tailored to the specific circumstances.
what kind of special considerations?
Special considerations for minors might include:
- A different timeline for filing a complaint or lawsuit, as some jurisdictions allow the clock to start running once the minor reaches the age of majority.
- The involvement of a guardian or representative in legal proceedings.
- Additional protections under state laws, especially in California which has robust laws protecting the rights of minors.
what are the timeline laws in california for a student under 18 years of age who was discriminated against based on gender identity
In California, the statute of limitations for filing a civil lawsuit for discrimination, including gender identity discrimination, is generally one year from the date of the discriminatory act. However, if the victim was a minor at the time, they typically have until one year after their 18th birthday to file a lawsuit. Please consult an attorney for advice tailored to your specific circumstances.
hey so going back to requesting copies of educational record in california, if I had an a * plan would that mean * business days rule applies to me
The * business day rule in California generally applies to requests for public records under the California Public Records Act. For educational records requests under FERPA, including those related to a * Plan, the standard timeline is 45 days. However, it's always best to consult with an attorney to confirm these details.
oh whats the california public record ac
The California Public Records Act (CPRA) is a law that grants the public the right to access public information maintained by local and state agencies in California. It's governed by the California Government Code § * - § *.*. It's important to note that school records fall under FERPA, not CPRA.
act*
The California Public Records Act (CPRA) is a law that grants the public access to information that is possessed by state and local government agencies. It applies to public records and documents but not to private writings or records maintained by an individual. It's different from FERPA, which specifically applies to educational records.
so what is the 5 days disability or special education timeline about then?
The *-day timeline in California typically refers to the requirement for schools to provide parents with proposed assessment plans within 5 days of a referral for special education services. This is in compliance with California Education Code Section *. However, it's always best to consult with an attorney for advice tailored to your specific circumstances.
can you explain it more what it for and does it apply to former students?\
The *-day timeline in California typically applies to the process of identifying and assessing students for special education services. It's the time within which the school must provide an assessment plan after a referral is made. As a former student, it doesn't apply to you directly. It's more relevant for current students undergoing the assessment process.
can you provide an exhaustive list of areas of educational records that I can list off so that I don't have to be naming every single thing like instead of requesting that I have documents from my psychologist from the counselors from teachers from principles from any staff relating to my * plan I could just say institutional parties documents containing * plan or something to that extent where it's like a broad topic for able to encompass other educational records so I don't have to name them
Here are a few general categories you can use to request your records:
- * Plan Documents
- Notes and Records from Institutional Parties
- Academic Records
- Extracurricular Activities Records
- Disciplinary Records
- Attendance Records
- Records of Parental/Guardian Authorizations
- Directory Information Records
- Confidential Records
Keep in mind that different schools might categorize records differently, so a broad request for "all educational records" may be the most comprehensive approach.
can you provide a list for what a different categorization another school might express
Certainly, a different school might categorize records as follows:
- Academic Performance Reports
- Special Education/* Plan Documentation
- School Health Records
- School Counseling Notes
- Behavioral and Disciplinary Reports
- Student's Personal Information
- Parent/Guardian Correspondence
- Extracurricular Activities and Athletics Records
Remember, it's always a good idea to request "all educational records" to ensure you receive a comprehensive set of documents.
yeah but doesn't it cost money or cant they charge to produce the records
Yes, under FERPA, schools are allowed to charge a fee for copies of records. However, they cannot charge a fee that would effectively prevent you from exercising your right to access your records. It's recommended to ask about any potential fees in your request.
okay also do high schools generally provide copies or is the chance one would gain access to such copied files be through location or the inability of location circumstances?
High schools generally provide copies of records upon request. The ability to access copies may depend on the school's policies and the specific circumstances of the request. Under FERPA, schools must provide a way for you to inspect your records, which could include providing copies, particularly if you can't inspect them in person due to location.
so if i requested all records instead of the specific ones provide me atemplate for the structure of this formal request
Sure, here's a general template for such a request:
Dear [School Name] Administration,
I hope this message finds you well. I am [Your Full Name], a former student of [School Name], and I graduated in [Year of Graduation].
Pursuant to the Family Educational Rights and Privacy Act (FERPA), I am writing to formally request access to and copies of all my educational records maintained by the school.
Please let me know if there are any fees for making copies of these records, and how I can arrange for payment if necessary.
Thank you for your prompt attention to this matter. I look forward to receiving your response within 45 days, as required by FERPA.
Sincerely,
[Your Full Name]
Please confirm receipt of this message.
so the only problem i have with requesting all is what if they skip over some that they may not deem as educational records like i was on a call expressing to the staff member that i found. my pii on a public website that was an educational record as it was during track but she said that they wouldnt be able to do anything since its a third party and they dont have access to it. Even though I never made an account of myself and would have had to be the coach of the sport who inputed it
If you believe a third-party site is inappropriately displaying your personal information from your educational records, you can file a complaint with the U.S. Department of Education's Family Policy Compliance Office. It's also recommended to consult with an attorney to understand your rights better.
yeah but ferpa states that if you can resolve it with your institution to pretty much try and exhaust that route first before filing a complaint with ferpa
Yes, that's correct. FERPA recommends trying to resolve issues with the institution first. You could contact the school to express your concerns about your personal information being shared with a third party without your consent. If the school fails to address your concerns adequately, then you may consider filing a complaint with the Family Policy Compliance Office.