New Jersey parents and guardians of special education students may be receiving letters from school districts concerning their children's special education records. The letters are a formal "notice" under the Family Educational Records Privacy Act (FERPA) and are connected with a special education lawsuit in New Jersey.

Several years ago, the Statewide Parent Advocacy Network (SPAN) and The Arc of New Jersey (the "plaintiffs") joined with the Education Law Center, Disability Rights New Jersey, and several private lawyers in a lawsuit against the New Jersey Department of Education around the issue of "least restrictive environment." The lawsuit is seeking to have the New Jersey Department of Education and local school districts take stronger steps to provide services to students with disabilities in the "least restrictive" educational setting appropriate to each student's individual needs. This is required by the federal law, the Individuals with Disabilities Education Act (IDEA).

As part of the lawsuit, some student records may be shared with plaintiffs' lawyers so that they can review statistical data and have a better understanding of the current situation in schools. But plaintiffs and their lawyers have noted that each child's student records will continue to be kept confidential, even if the records are shared with plaintiffs' lawyers.

The judge in the case has entered a "Discovery Confidentiality Order," which means that none of the lawyers or people involved in the case can share this information with anyone else for any reason. A child's name, birth date, social security number, or any other information will never be released to the public, the media or to anyone else. Any confidential documents that are exchanged during the case will be returned to the Department of Education after the lawsuit ends.

Families should also know that a child's current individual education plan (IEP) will not be changed in terms of either services or placement as a result of the current lawsuit. Instead, the lawsuit aims to make sure that the state and school districts do a better job, in the future, of developing more appropriate IEPs and implementing them in the "least restrictive environment" appropriate for each child and with all necessary supports in place.

SPAN and The Arc of New Jersey are strongly encouraging parents and guardians to allow access to their children's student records for these purposes. Those who agree to share records will not need to do anything further. Those who prefer not to share records for review as part of the lawsuit can complete the form that is being distributed with the cover letter and FERPA notice, and send it to the address provided in the notice.

For more information, contact SPAN at 800-654-SPAN (7726) and ask to speak with a Technical Assistance Specialist.

Prepared: February 15, 2010