Do you know the qualifying criteria for eligibility for gifted services at your child's school?
Is the criteria published on your school or district website?
Could you print a copy of the current criteria and/or process description, and place it in a ring binder with the letters you have received to date?
= = = = = = = = = = = = = = = = = = = = = = = = = = The following is a brief roundup of FERPA links. I will call it a FERPA tutorial. The Family Education Rights and Privacy Act (
FERPA) provides for parents to have access to their minor children's education records.
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, education records are defined as
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 23, 2017 provides definitions.
NOTE: 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:
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:
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.
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = End of FERPA Tutorial. 
After reading and processing the information above, you may wish to find your school's annual FERPA notice. You may wish to refer to that notice and/or quote it in your request. You may wish to incorporate language from your local school's gifted program eligibility requirements into your request. You may wish to make a rather broad request for all educational records, tests, evaluations, assessments, observations,
and any other*, regarding his aptitude, characteristics, and performance indicators, which may have been used in determining his eligibility for gifted services.
*Note:
and any other is a standard catch-all phrase often used when requesting records.
Proceed with caution.
Advocacy is best approached with tender loving care.
Use plain unemotional language.
Sample Request (do not copy this exactly):
MM/DD/YY
The purpose of this e-mail is to request all educational records, tests, evaluations, assessments, observations, and any other, regarding aptitude, characteristics, and performance indicators, which may have been used in determining the eligibility of my child, Abbb Cddddd for gifted services, as mentioned in the letter I received dated MM/DD/YY.
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 your letter determining his ineligibility suffices. To which you may wish to reply with the FEPRA definition of records.
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.
