Parents Have Rights Too: Asserting Your Role Under IDEA and FERPA

Congruence Law, P.C. Protects Parental Rights in Special Education and Student Records

When your child walks into school, you don’t give up your right to be involved in their education—especially if your child has a disability. Under federal laws like the Individuals with Disabilities Education Act (IDEA) and the Family Educational Rights and Privacy Act (FERPA), parents are not just observers—they’re essential decision-makers.

But too often, schools sideline parents, exclude them from meetings, ignore their requests, or refuse to provide important records. At Congruence Law, P.C., we stand with parents demanding transparency, access, and respect. You have legal power—and we help you use it.

IDEA: Parents as Equal Partners in Special Education

Under the IDEA, parents of children with disabilities have a legal right to participate meaningfully in decisions about:

• Evaluations and eligibility

• IEP development and revisions

• Placement and service delivery

• Behavior plans and discipline decisions

• Extended school year (ESY) services

• Transition planning and post-secondary goals

Schools are required to provide advance notice, schedule meetings at mutually agreeable times, and take your concerns seriously. You are not a guest—you are a co-equal member of the IEP team.

FERPA: Access and Control Over Education Records

FERPA gives parents of minor students the right to:

➤ Inspect and review their child’s education records

➤ Request corrections of inaccurate or misleading information

➤ Control disclosure of personally identifiable information

➤ Be notified of their rights annually

This applies to discipline records, special education evaluations, behavior logs, attendance, and communications maintained by the school.

Once a student turns 18 or attends postsecondary education, these rights transfer to the student—but parents may still access records with the student’s consent or under certain exceptions.

Common Violations of Parental Rights

• Holding IEP meetings without the parent present

• Refusing to provide evaluations or progress reports

• Delaying or denying access to student records

• Failing to provide Prior Written Notice (PWN) when changing services

• Retaliating against parents for advocacy (e.g., social ostracism, legal threats)

• Overlooking divorced or non-custodial parents who still hold legal rights

These are not just bureaucratic failures—they are violations of federal law.

What We Do at Congruence Law, P.C.

We represent parents who have been excluded, ignored, or disrespected by their child’s school. Our services include:

• Compelling access to IEPs, evaluations, and records under FERPA and IDEA

• Challenging IEPs developed without parent input

• Filing state complaints or due process hearings for procedural violations

• Securing meaningful participation in all meetings and decisions

• Demanding accurate, complete records and formal corrections

• Advising parents in joint custody or guardianship disputes involving school access

We also protect parents from retaliation and support them in exercising their rights with confidence and clarity.

What Schools Say—and Why It Often Doesn’t Hold Up

“You weren’t available, so we held the meeting anyway.”→ Federal law requires genuine attempts to include parents—and document those efforts. Meetings can’t be held without you unless extraordinary efforts were made.

“We can’t give you that—it’s an internal record.”→ If it pertains to your child and is maintained by the school, it’s likely an education record subject to FERPA.

“You’re not the custodial parent.”→ Unless your rights are legally terminated, both parents generally have full FERPA access.

“You have to go through our lawyer.”→ Schools cannot erect barriers to basic parental rights by funneling everything through counsel.

Pitfalls to Avoid

• Not putting requests in writing. Always document your requests for meetings, records, or services.

• Waiting too long to object. You may waive important rights by not acting within IDEA timelines.

• Assuming the school knows best. You are the expert on your child—and you have the right to disagree.

• Letting procedural violations slide. These may have long-term effects on your child’s education.

Why Choose Congruence Law, P.C.

We believe parents are not the problem—they are the solution. We help families assert their voice and enforce their rights so that schools fulfill their legal duties and treat children with the care they deserve.

If you feel sidelined in your child’s education—or if the school is hiding information, delaying services, or violating your rights—contact us today:

education@congruencelaw.com or at 202-630-8141

Let us help you turn advocacy into action—and make sure your seat at the table is never empty again.