Test Protocols and Parents Rights—to Copies?

By Andrea Canter, NCSP

National Association of School Psychologists

Editors note: This article first ran in the NASP Communiqué, Vol. 34, #1, September 2005. It addresses a recent California lawsuit in which parents were allowed to receive copies of their child’s protocols, including those used for intelligence testing. This article also reviews current test protocols.

As we start a new school year, school psychologists can expect to run into at least one sticky situation involving a parent request for copies of their child’s test protocols. And while a recent clarification from the Office of Special Education Programs (OSEP) would seem to quell any concerns about changes in federal policy regarding disclosure of educational records, a U.S. District Court decision in California may set an uncomfortable precedent – allowing parents to receive copies of their child’s protocols, including those for commonly used intelligence tests.

            It has been accepted practice, supported by IDEA and the Family Education Records Privacy Act (FERPA), that

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