Responding to Records Requests (During a Pandemic!)
Franczek P.C.: Dana Fattore Crumley & Kendra Yoch
Do you get a sinking feeling when you receive a records request? Wonder how you’ll track down all the records, especially if not everyone (or no one) is in the building? Worry about what issues are brewing that are prompting the request? We hear you. Records requests can be overwhelming, especially for students with a long history in the district. But we do have some tips to make dealing with these requests slightly less stressful.
We’re turning to Atul Gawande and making a checklist! Student records can be in many different places and with many different staff members; ensuring that you have everything is likely a multistep process. And with the increasing use of educational software, records seem to be multiplying. Having a checklist can keep you organized and guard against missing important documents or duplicating efforts.
Start with your records custodian. You know who that is, right? If not, find out. The records custodian should work with other staff who are knowledgeable about different types of records (special education director, nurse, front office, IT, etc.) to create a list of different types of student records and where they are stored. Special education records are likely in one system while attendance and grades are probably in a different system. The nurse records maybe somewhere else. What about discipline, standardized test scores, related service logs, and communication logs? Think about the new technology your district is using. Are students using an online reading program to practice skills? Does it house data on their progress? We need to grab that.
Emails are often the most burdensome part of a records request. Try talking with the parent (or have your attorney talk with the parent’s attorney) to determine what they are really looking for. How far back do you need to go? Are there particular senders you can limit the search to? Agree to exclude emails that have attachments with data on every student in the grade or school (like those listing everyone’s homeroom teacher, MAP score, or whether they are attending the field trip) rather than trying to redact them. Work with your IT staff to see if they can help de-dup multiple copies of emails, capture attachments with emails, and provide the results in a format that can be accessed by the parent.
If different staff members will be collecting different records, consider creating a Google Doc with a chart that includes the type of record, where it is, who is responsible, and a place to check off when it is collected. One person should be responsible for making sure the checklist is completed, all records are reviewed to ensure no extraneous documents have been included, and that information about other students and privileged communication with your attorney has been redacted. Your attorney can help if needed.
Thankfully, more and more records are stored electronically, so the need to collect paper records from different staff members is reduced. If, however, you do have paper records, you’ll need to make a plan to identify and copy or scan those records while complying with current health and safety protocols.
Think through how to share the documents. For large records, email attachments may not be practical. During the pandemic, paper may not be practical. Does your district have a secure cloud location that would work? Could the parent access the records on a USB drive? Depending on the parent and the size of the files, different methods may work better than others.
Finally, don’t forget to circle up with the IEP team to see what is going on with the student. Consider reaching out directly to the parent (or having your attorney reach out to theirs) to ask what concerns they have and if there are any actions the team can take even before the parent gets the records.
Taking the time to organize the process to respond to records requests will save you time and stress each time you receive a new request. You’ll be happy you did!
ASK an ATTORNEY
Don’t forget about our new feature: Ask an Attorney. This is your opportunity to ask our IAASE Attorneys (Dana Crumley and/or Kendra Yoch) any questions. They will provide monthly updates via the IAASE Blog. Click here for the IAASE ASK an ATTORNEY form. We already received a great submission! Thank you Crystal Swan-Gravatt!
SEAPAC UPDATE
Thank you to so many of you for answering the call to join SEAPAC. We had 25 new members join in less than one week. Thank you to our SEAPAC Committee for making it easier to become a member. It is a $20 donation (minimum), and your contribution helps our legislative efforts. You can access a NEW feature and sign-up for SEAPAC online through Givebutter! Please consider signing up through this link. You can also text SEAPAC to (202) 858-1233 to get the link delivered directly to your phone. You will be able to pay with Venmo, Paypal, or via credit/debit card.
Thank you to the 75+ members ($800) who have already signed up and made their donation! We only need $9200 to reach our goal
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