On September 24, 2025, the United States District Court for the Eastern District of Pennsylvania held that parents can pursue a claim via the Individuals with Disabilities Education Act (the “IDEA”) based upon denial of access to educational records. Sandra S. v. Upper Darby Sch. Dist., No. 25-2389Y, 2025 LX 486528 (E.D. Pa. Sep. 24, 2025).
Background in the Case
A parent’s child is eligible for special education as a student with autism. Concerned about Student’s education, the parents, through their attorney, requested the Student’s educational records from the District. However, the District only produced some of the records.
The parents filed a due process complaint against the District, alleging that the District (1) failed to perform an adequate evaluation of Student and (2) failed to provide them with all of Student’s educational records.
The District funded an independent education evaluation of Student, rendering the first claim moot. Then, the District moved to dismiss the remaining claim, arguing that the IDEA does not provide parents the right to file a due process complaint solely on the basis that a local education agency allegedly failed to produce all educational records.
The Hearing Officer agreed with the District and dismissed the case. Thereafter, the parents appealed to the federal court, challenging the Hearing Officer’s decision.
The Court concluded that parents can pursue a claim failure to provide educational records under the IDEA but not Section 504.
IDEA Provision
The Court highlighted the IDEA provision that grants parents the right to review all records relating to their child. Access to records ensures the parents’ ability to fully participate in discussions and determine whether the student’s needs are met. Thus, a denial of access to records constitutes a procedural violation of the statute.
The IDEA allows parents to file an administrative due process complaint regarding “any matter relating to the identification, evaluation, or educational placement of the child, or the provision of a free appropriate public education.”
“Any matter,” the Court held, includes access to educational records. Here, the parents had filed an administrative complaint, asserting substantive and procedural violations of the IDEA. Although the substantive violation regarding Student’s evaluation was mooted, the Court found that the Hearing Officer improperly dismissed the case without determining whether the District violated the IDEA on the procedural claim.
Access to Records Under Section 504
Like the IDEA, Section 504 provides parents with the right to access their child’s educational records. However, the Court concluded that only regulations that address an individual’s rights create a cause of action. The regulation that creates the obligation to provide access to records is directed toward the entity’s policies and procedures and does not address individual instances of discrimination. Therefore, parents cannot pursue a cause of action premised solely on an alleged denial of access to records under Section 504.
Moving Forward
The parents can proceed with their claim and now face the burden of proving that the procedural violation resulted in a denial of FAPE or seriously deprived the parents of their participation rights.
Bottom Line For Schools
This decision emphasizes that school districts must be cognizant of and comply with the rights of parents and guardians to access their students’ educational records under the IDEA. The decision allows parents to file a due process complaint based solely on a denial of access to records – although they still will bear the burden to establish a denial of FAPE.
