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    #238084 05/02/17 08:41 AM
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    My 5th grade son was tested this year for the middle school gifted program in our district. He took CogAT along with Iowa tests for math and reading. All of those tests have been scored, but the only information the district is sharing is overall percentiles for each test. No actual scores, no subtest breakdowns, just a single percentile for each test. I asked them when parents would receive official score reports, and was told that there are no reports because the tests were hand-scored.

    I have read in a few places that FERPA applies when it comes to getting testing results from school districts, as those scores are a part of a student's records. We have made an inquiry with an attorney's office in our area, but the partner who is versed in education law is out for a week. In the meantime, does anyone have any experience with this type of situation, or happen to know if we can use FERPA to insist that they provide us with something besides just a percentile in an email?

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    My kids also took the Cogat, and the school only gives out the stanine scores. They absolutely would not give out more info. I have looked at my children's school files and the only report is the cogat stanines. That's it! The school has more data on it but they also wouldn't release any more information.

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    That sounds so frustrating. It just seems wrong to me that they can test a child, but the parents (and the child himself for that matter) are forbidden from seeing the actual results! There is a lot more information than percentile, and I'm actually much more interested in that other information, due to some issues my child has had in the past.

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    Originally Posted by melissan
    I asked them when parents would receive official score reports, and was told that there are no reports because the tests were hand-scored.
    If the tests were hand scored, then there are not computer-generated score reports. However there should still be individual scores for each child, from which the percentiles were calculated.

    Some may say your district is mincing words, regarding the interpretation or meaning of official score reports in order to deny your request for your child's scores.

    You might want to request, in writing:
    - all of the scoring related to your child taking the CogAT,
    - all of the scoring related to your child taking the Iowa tests for math and reading.

    Based on the FERPA information online here, a school needs to "show" the records to a parent, not necessarily provide a copy.

    Based on FERPA information online (last modified 06/26/2015), education records are defined as
    Quote
    those records that:
    1) contain information directly related to a student; and
    2) are maintained by an educational agency or institution or by a party acting for the agency or institution.
    The electronic Code of Federal Regulations (e-CFR), Title 34 Education, Part 99 Family Educational Rights and Privacy, current as of May 1, 2017 provides definitions. See 99.3 - definitions. NOTE: I experienced a webpage update while researching for this post. It is wise to check sources frequently for any changes.

    According to the FERPA FAQ page, for parents and eligible students, inspection and review of education records:
    Quote
    FERPA requires that educational agencies and institutions comply with a request by a parent or eligible student for access to education records within a reasonable period of time, but not more than 45 days after receipt of a request. Some States have laws that may require that parents and eligible students be granted access in a shorter time period. 34 CFR § 99.10(b).

    FERPA requires that an educational agency or institution respond to reasonable requests for explanations and interpretations of education records. 34 CFR § 99.10(c).
    FERPA may not apply to some schools:
    Originally Posted by FERPA for parents PDF, 2011
    FERPA applies to educational agencies and institutions (e.g., schools) that receive funding under any program administered by the Department. Private and parochial schools at the elementary and secondary levels generally do not receive such funding and are, therefore, not subject to FERPA.
    FERPA requires an annual notice to parents; This Model Notice is provided.

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    Thank you for the information! I'd read the same things online, and to me it sounded as if we were entitled to see the scores, but I wasn't totally confident. I pictured myself sending a "you will show me this information, because FERPA" email, feeling all high and mighty, and them shooting me down with some fine print I've missed somewhere. It makes me feel better to know that I'm not the only one who interprets FERPA this way. I'm still not sure why so many districts/schools seem to consider test scores top secret. Thanks again!

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    Proceed with caution. Advocacy is best approached with tender loving care.

    Use plain unemotional language:

    MM/DD/YY

    The purpose of this e-mail is to request:
    - all of the scoring related to my child, Aaaa Bbbb, taking the CogAT during the 2016-2017 school year, and
    - all of the scoring related to my child, Aaaa Bbbb, taking the Iowa tests for math and reading during the 2016-2017 school year.

    It is my understanding that FERPA requires a response within a reasonable period of time, but not more than 45 days after receipt of a request.

    Thank you for your time.


    The district may respond that they do not have scores; the test company does. To which you may wish to reply with the FEPRA definition of records including those held by a 3rd party on behalf of the school.

    The district may also ignore your request altogether, in which case you may wish to send it again with a gentle reminder that it has been 46 days...

    If you choose to escalate, you may wish to check with your State department of education... and with FERPA compliance.

    Take advocacy in baby steps, and, like a chess game, plan what your next moves might be. Conduct your advocacy like a negotiation, not a battle.

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    Thank you for the specifics, that's very helpful! I think I'll do that today and see where it gets me.

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    You're welcome. smile The idea is to use an approach which shows you are both pleasant and well-informed. Advocacy is generally not as effective if one comes across as unpleasant or uninformed (overly dependent on what the school says, with no other source of information to potentially counter with, if needed).

    You may wish to keep a copy of print-outs of the FERPA information found online, and a printed copy of your e-mailed letter in an advocacy ring binder. This keeps everything in one place for ease of reference and follow-up. This also can be used to compare to current information found online at a later date, as laws and webpages may change over time.

    Please note that I updated my post upthread with more FERPA links. I believe I was caught in a web update while researching to gather links for the original post, so I resumed again today. One difference in wording which I noticed in the definition of educational records (which may be intended to convey the same meaning, or which may allow for significant latitude in interpretation):
    "records that contain information directly related to the student"
    v.s.
    "records directly related to the student." (e-CFR, 34, 99)


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