UPDATE: On December 31, 2025, the Court issued an Amended Memorandum, noting that its September 24, 2025 Memorandum “failed to recognize that [the parents] are not claiming a denial of FAPE in this action, but only a procedural violation.” 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).
Factual and Procedural History
In this case, the parents’ child (“Student”) is eligible for special education as a student with autism. Concerned about Student’s education, the parents, through their attorney, requested Student’s educational records from the School District. However, the School District only produced some of the records.
The parents filed a due process complaint against the School District, alleging that it failed to (1) perform an adequate evaluation of Student and (2) provide the parents with all of Student’s educational records.
The School District funded an independent education evaluation of Student, rendering the first claim moot. Then, the School 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 School District and dismissed the case. Thereafter, the parents appealed to federal court, challenging the Hearing Officer’s decision. The federal court concluded that the parents could pursue a claim for failure to provide educational records under the IDEA but not Section 504.
IDEA Provision
The Court highlighted the IDEA provision that grants the “parents of a child with a disability” the right “to examine all records relating to [their] child . . . with respect to the identification, evaluation, and educational placement of the child, and the provision of a free appropriate public education to such child.” Access to such records ensures parents’ ability to fully participate in discussions and determine whether their student’s needs are met. Therefore, a denial of access to such records constitutes a procedural violation of the statute.
The IDEA also 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 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 School District violated the IDEA on the procedural claim.
Court’s December 31 Holding
The Court noted that the parents’ claim rests on a denial of access to records, which is a procedural violation of the IDEA’s requirements. A cause of action exists for a procedural violation if it results in a loss of educational opportunity for the student or significantly affects the parents’ ability to participate in the decision making process regarding the student’s educational program. The parents, here, were not claiming a denial of FAPE to Student, but were asking the Court to order the School District to provide them with all of the Student’s records. As such, the parents’ allegation that they were denied their right to fully participate in the IEP process was sufficient to establish their claim. The earlier order had allowed the parents to proceed with their claim, but held that the parents would also have to prove that the procedural violation resulted in a denial of FAPE or seriously deprived the parents of their participation rights.
The Court directed, by agreement of the parties, that the case should be remanded to a special education due process hearing officer to address the parents’ claim.
No Claim 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. Under Section 504, 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.
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. Per the Amended Memorandum, parents may file a due process complaint based solely on a denial of access to records when they believe this has impeded their ability to participate in the decision making process regarding their child’s educational program.
