Gifted Issues Discussion homepage Forums Identification, Testing & Assessment MA laws on raw scores WISC

I will cross post this in the regions forum, but does anyone know anything about the laws in MA regarding providing full test results? DS8 was tested last year at school, and qualified for the extended norms on the verbal section of his WISC. But the school psychologist will not give me the raw scores, saying: "Unfortunately, raw data cannot be provided as they would violate
issues of test confidentiality."

Test confidentiality? Confidential to the parents of a minor? Huh? I know from someone who received an email "accidentally" (talk about violating issues of confidentiality!) that this isn't the first time she's been difficult about giving parents test scores (I don't know what the scores requested were in the other instance, just that it was an similar situation - and that she was quite rude in the email to boot).

Honestly, I don't know if this is even worth pursuing, but I'm so annoyed from my repeated attempts to get the info that I'm feeling like I don't want to let it drop :-) I guess knowing that his VCI is likely above what is stated is enough, but at the same time, I also feel like I should have as much information as I can and as accurate a picture of my son as I work to figure out what is best for him education wise (he's a 2e kid with a huge disparity in his scores).

But before I push any further, I want to know if I have a leg to stand on here...

Thanks!!

Not a specific answer to your question, but I had a similar thing happen with my DDs scores from her tester. In our case, however, the tester was the ed psych department at a state school. They finally caved and gave me the raw scores when I told them I planning a consult with Johns Hopkins. Good luck.

In our state, there's a law that parents are entitled to everything in the student's files. Therefore, if they have the raw scores, I have the raw scores (not that our district does WISC testing!). If I were you, I would look around your district's web site about parental rights to student info.

On the one hand FERPA says:
"•Parents or eligible students have the right to inspect and review the student's education records maintained by the school. Schools are not required to provide copies of records unless, for reasons such as great distance, it is impossible for parents or eligible students to review the records. Schools may charge a fee for copies."

On the other hand:
The coding form for the WISC includes details of the specific elements of the test like the diagrams for the picture completion. Confidentiality here is in regards to the content of the WISC rather than student confidentiality. I read something awhile ago that suggested they must show you the test forms on demand, but should not copy them due to the contractual obligation to the test maker.

So, they can either show you the coded forms on record or they could transfer the raw scores without the scoring form.

I'm looking for the article that I read that specified this. I think it was on Wrightslaw. In any case it is a question of federal law unless state law is even more specific.

We've been through this. It took us weeks, but we got the records in the end. Don't give up. You are entitled to these records.


They tried this one on us too, but it's clearly ridiculous. You just want your own childs scores, not the test questions.

I am wondering why do they do this? What are they trying to hide? A potential mistake? Or do they just not feel like providing the scores (but I would think persisting in fighting causes more work)? Just curious why they wouldn't just provide the raw scores.

Found a link covering the concept through the National Assocation of School Psychologists:
http://www.nasponline.org/publications/cq/cq341protocols.aspx

I think that getting a private Psychologist who is willing to do a 'chart review' might be a worthwhile investment, if that's possible for your family. The Psychologist can then give you the information you need. If your child is 2E, perhaps you already have a trusted resource that can advise you. Perhaps a willing Pediatrician might be willing to send such a letter on your behalf.

Best Wishes,
Grinity

Federal law states that you have a right to anything in your child's educational record except for informal notes by the testers, etc. You are legally allowed to view your child's records in full. The school psychologist is either misinformed or hiding something (more than likely the former, though).

I would print out a copy of FERPA, highlight the relevant passages and give it to her. Actually, I would let my husband do it because he's an attorney and I enjoy watching him make annoying people squirm sometimes.

You are within your rights. If there is something attached to the raw scores that would violate test confidentiality, then they need to remove it.

Good luck!

Of course, Grinity's approach would be a much nicer way of getting what you want, though!