What Should I Keep?
Maintaining Your Child’s Educational Records: Why It Matters and What I Often Hear From IEP Lawyers
My husband is an archaeologist. One of his jobs is to conduct surveys of sites that are meant to be developed. Many of the sites that he surveys in Nevada contain prehistoric artifacts. The artifacts can tell his team much about how prehistoric people lived. However, there are significant gaps in the historical record for a variety of reasons including the age of the artifacts, the changes in the landscape due to natural disasters, and the lack of written history. As a result, there is occasional debate in the archaeological community about the historical significance of various artifacts that are found.
I often hear from IEP lawyers that something similar happens in special education disputes: when written records are missing, it becomes much harder to understand what occurred, when, and why. Clear documentation helps prevent confusion and strengthens a parent’s ability to advocate for their child.
The Legal Implications of Keeping Records (Insights I Often Hear From IEP Lawyers)
Similarly, when a legal dispute arises, there is often a question about the legal significance of the events that have led to the dispute. Written records, including emails, forms, text messages, and conversation logs, allow a lawyer to more accurately assess a client’s situation. Written records can substantially strengthen a client’s case.
It is unwise to wait until a dispute with your child’s school arises to gather records. It is much better practice to begin habitually keeping records once your child enters the school district. Then, if a dispute arises, you can show accurate written evidence to support your story. Just as a parent may keep bank records, receipts, and vaccine records, she should also keep her child’s school records, organized in such a manner that each record is easily accessible to her. This practice is especially crucial for parents with children who have diverse abilities or special needs, including those who have a 504 plan or an IEP (Individualized Education Program).
Many special education lawyers and special ed attorneys note that strong documentation is often the difference between a smooth resolution and a prolonged conflict.
What Should I Keep?
Parents should keep the following records in a safe place:
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- Emails to and from any staff member of the school district, including admin and teachers.
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- Text messages to and from any staff member of the school district, including admin and teachers.
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- Conversation logs (see “How to Record Verbal Conversations” below).
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- Progress reports that the school sends home.
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- Behavioral incidents, especially if recurring.
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- Your child’s IEP, 504 Plan, and/or BIP (Behavioral Intervention Plan).
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- Copies of forms that the school has asked you to sign.
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- If you have requested that your child be evaluated for an IEP, and the district chooses not to evaluate, the school must send you a written “Notice of Refusal.” Keep it if they do or note it if they do not.
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- Medical records, especially if your child has a disability.
Parents who later seek advice from a lawyer for special needs education often find that these records provide essential clarity and evidence.
How to Record Verbal Conversations
Whenever possible, written communication is preferred. For some parents, especially those that have a good relationship with their child’s school, not all communication will be written. Substantial information may be exchanged at parent-teacher conferences, conversations at pickup, and phone calls.
If a verbal conversation contains any information about your child, it is wise to record that conversation in a safe place. The note should include the date, with whom the conversation took place, the topic discussed, and any information that you might find important.
For example:
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- If the teacher informs you at pickup that your child had a meltdown in class, record it.
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- If you call the school with a question regarding the implementation of your child’s IEP, note the conversation in a place where you can find it should you need it.
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- If you and the school conduct a formal meeting with the district, take notes during or immediately after the meeting adjourns.
These practices are consistently encouraged by special education attorneys because they help create a clear timeline of events.
Your Legal Right to Your Child’s School Record
As a parent, you have the right to request your child’s school record. This is the file that the district keeps on your child. It includes information such as grades, transcripts, test scores, attendance records, and disciplinary files, if applicable. You may request it at any time. The school has 45 days to provide it to you.
If disputes arise, an education attorney near me or education lawyer near me would typically review these records to understand the full history of the child’s education.
How Long Should I Keep School Records?
You may keep the records as long as you wish. For my own children, I plan to keep the records until they graduate. Should a legal dispute arise, the law generally provides what is called a “statute of limitations” that limits the time that a person may bring a legal claim. For example, in a due process hearing on an IEP matter in Nevada, the law allows us to look back for only two years.
Because of this, many special educational needs lawyers recommend keeping school records organized and accessible for the entirety of a child’s K–12 education.
Written by Ashlyn Hauber, J.D., Associate Attorney
Nevada Bar Admission, 2024
Practice Areas: Education, Intellectual Property
