Under IDEA, this child is entitled to an education that is individually designed to meet the child's unique needs and from which the child receives educational benefit. While both children have the right of access, the IDEA child is also entitled to a program that provides educational benefit. The Section 504 child does not have this right. If the Section 504 child misbehaves and the school decides that the child's behavior is not a manifestation of the disability, the child can be permanently expelled from school. Test materials, including test protocols and answer sheets, are educational records and must be disclosed.
Parents have a right to inspect and review all educational records relating to their child.
The school must maintain a log of all disclosures that are made without parental consent. Schools must retain records for at least five years. The school may not destroy any education records if there is an outstanding request to inspect and review the records under this section. Statutes Statutes are laws that are passed by federal, state and local legislatures. Federal statutes are passed by the United States Congress and signed into law by the President.