education

If not resolved through the OSPI, a parent or eligible student may file a written complaint with the:

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW.
Washington, DC 20202-4605

Remedies may include loss of federal funding for a program or entire institution, but a valid complaint is more likely to be resolved through an investigation and order to comply.
See C.F.R. Sec. 99.67

While I cannot give legal advice to a non-client, I see at least two issues with respect to FERPA regarding the scenario outlined above.

First, FERPA requires that the the school provide "access" to a student's record (not photocopies) unless you meet a specific exception to that rule. Your scenario does set forth any facts that make me think that one of the exceptions may apply to your situation. I completely understand that photocopies would be easier and more efficient for you to review, but unless you meet a specific exception to the "access" only requirement, then the school can insist that you view the records in-person (e.g., providing access to you, not photocopies).

Second, how old is your child? Under FERPA, this right to "access" educational records would flow to you (parent) unless/until the child becomes an "eligible student." An eligible student is a student who turns 18 years old or is in a post-high school (e.g., college) program. However, you may still have the right to access your son's educational records under certain conditions even if he is eighteen years old (e.g. you have obtained a legal guardianship over him).

If a school refuses to comply with FERPA, then you should file a complaint with the following federal agency:

U.S. Department of Education
Family Policy Compliance Office (FPCO)
400 Maryland Avenue, S.W.
Washington, DC 20202-5920

You are correct in assuming that a school can be subject to sanctions for failing to comply with a federal law, such as FERPA.

Good luck.

Lana Traynor

www.traynorlawfirm.com