FERPA and FAPE: What Families—Especially Parents of Color—Need to Know
Disclaimer
This blog post is for informational purposes only and does not constitute legal advice. I'm a parent and advocate—not an attorney. Please consult a legal professional if you’re facing a complex or urgent situation.
Hello, and Welcome!
Navigating the school system as a parent of color can be exhausting—especially when you feel like your voice isn’t being heard. If you’ve ever been told, “we can’t share that,” or “this is just how we do things,” and you felt unsure of what your rights were—this is the guide for you.
Two key laws you need to know are FERPA and FAPE. Whether you're requesting records or making sure your child receives the services in their IEP, understanding these rights can help you advocate effectively—and unapologetically.
1. What is FERPA?
FERPA stands for the Family Educational Rights and Privacy Act. It’s a federal law that gives you, the parent, control over your child’s school records—especially if your child is under 18.
🗂 What FERPA Means for You:
You have the right to access your child’s educational records, including IEPs, behavior reports, and evaluations.
You can request corrections if you find inaccurate or misleading information.
Schools can’t share info from your child’s records without your written permission—except in specific legal cases (like transferring schools).
Example: I once requested my son’s full educational file and the school said it would take months. After I reminded them of the 45-day FERPA rule and followed up in writing, I received the full file—including documents I didn’t know existed.
2. What is FAPE?
FAPE stands for Free Appropriate Public Education—a foundational right under the Individuals with Disabilities Education Act (IDEA). If your child has a disability and qualifies for an IEP, they are entitled to individualized services at no cost to your family.
🎓 What FAPE Looks Like:
Customized services that help your child learn and grow
Accommodations like extra time on tests or sensory breaks
No charge for services listed in the IEP
Example: A friend’s daughter needed occupational therapy, but the school told her they didn’t have staff. That’s a FAPE violation. They pushed back, filed a complaint, and got services through a private provider—with the school paying the cost.
3. FERPA vs. FAPE: Know the Difference
FERPA FAPE
Purpose Protects student records and privacy Guarantees a tailored, no-cost education for students with disabilities
Focus Access to records and confidentiality Access to services and educational equity
Who It Covers All students Students with disabilities (IEP/504)
Parental Rights View, amend, and control record sharing Request, monitor, and advocate for services
Law Family Educational Rights and Privacy Act (FERPA) Individuals with Disabilities Education Act (IDEA)
4. School Rules You Should Know
🔐 FERPA Rules:
45-Day Rule: Schools must provide records within 45 days of your request.
No Surprises: They can’t share your child’s records without your consent—unless it’s a legal exception (like a transfer).
Opt-Out of Directory Info: Schools can share basic info like name and address unless you opt out in writing.
✏️ FAPE Rules:
IEP Required: Every eligible student must have a current IEP with specific goals and services.
Inclusion: Students with disabilities must be educated with their peers to the greatest extent possible.
Progress Reports: You should receive regular updates on IEP goal progress—not just at report card time.
5. Legal Backbone of FERPA and FAPE
🧾 FERPA
Enacted in 1974
Applies to any school receiving federal funds (including public schools)
If violated, you can file a complaint with the Family Policy Compliance Office
📚 FAPE (IDEA)
Established under IDEA
Requires education in the least restrictive environment
If violated, you can:
Request mediation
File a state complaint
Request a due process hearing
6. How to Make Sure the School Is Complying
🔎 FERPA
Put it in writing: Email or write your record requests so there’s a paper trail.
Follow up: Set calendar reminders to follow up within the 45-day window.
File complaints: If they ignore you or share info without consent, file a complaint with the U.S. Department of Education.
🔁 FAPE
Review the IEP: Check regularly—are the services being delivered?
Keep documentation: Save everything: emails, meeting notes, therapy logs.
Take action: Request a meeting, mediation, or file a complaint if FAPE is not being delivered.
Parent Tip: Don’t wait for the school to notice something is wrong. If your gut says services aren’t being delivered—trust it and start tracking.
7. What to Do If You Have Issues
🛑 FERPA
Request a meeting with the school.
Put your concerns in writing.
File a complaint if records were denied or shared without consent.
🚨 FAPE
Request an IEP meeting to document missing or inadequate services.
Request mediation or file a due process complaint if the school won’t correct it.
Request compensatory education if your child missed services they were entitled to.
8. Final Thoughts
As a Black mom advocating in special education spaces, I’ve been dismissed, ignored, and told “we’re doing our best” far too many times. But when I learned my rights—FERPA and FAPE became my armor.
You don’t have to be an expert—you just need to know your power. These laws were made to protect your child, and they give you the right to access, question, and demand more.
Print this guide. Bookmark it. Share it with your community. Let’s keep fighting for the education our babies deserve.
📲 Want more tools?
Download checklists, guides, and advocacy templates at The IEP Files or follow @theiepfiles on Instagram for daily support and real-life advocacy strategies.
