Evidence Parents Should Keep (and How): A Preservation Primer for a School Bullying Case
When something happens at school, church, camp, or a youth program, saving the right records—fast and intact—can protect your child and your claim. This guide explains what to keep (and what not to alter), how to organize it, and how to request school records under FERPA. It’s practical, parent-friendly, and written for PA and NJ families.
What to Save—And Why It Matters
1) Emails & Messages (school, coaches, counselors, other parents)
Save originals: Download/forward emails as .eml or .msg (keeps headers/metadata). Also print to PDF for easy viewing.
Text/DM threads: Export full threads (Apple/Google/Meta platform tools). Avoid editing, deleting, or retyping.
Keep context: Include dates, time stamps, sender/recipient names, and any attachments.
Tip: Create a single folder named [Child’s Initials] - Case -Evidence with subfolders, Emails, Texts-DMs, Photos and Video, School-Records, Medical, Notes-Logs.
2) Photos & Video (injuries, clothing, locations, screenshots)
Original files only—no filters, crops, or edits.
Photograph injuries over time (Day 1, 3, 7, 14) with a neutral background and a reference object (e.g., a coin) for scale.
If you capture social-media posts, take screenshots + URL and, if possible, web archives.
File-name pattern: YYYY-MM-DD_description_location_by_who.ext
Example: 2025-09-18_bruise_left-arm_home_by_parent.jpg
3) Your Incident Log—Simple, Yet Powerful
Keep a running log (notes app or spreadsheet) with columns: Date | Time | Who | Where | What happened | Witnesses | Evidence (photo/ID). Short, factual sentences—no speculation.
4) School & Program Records (how to ask the right way)
Nurse/health office notes, incident reports, discipline records, attendance changes, counselor notes (as permitted), and relevant emails.
Videos: Safety or hallway video may be available; schools may need to blur/redact other students before release.
Deadlines: Under FERPA, schools must allow you to inspect and review education records within 45 days of your request.
Screenshots That Stand Up
Include the full screen (date/time, sender names, and message bubbles).
For long threads, capture overlapping screenshots (e.g., last two messages repeated) so nothing appears missing.
Save both the screenshot and the original export of the thread/archive.
FERPA Requests: Your Right to Inspect School Records
What is FERPA?
A federal law that gives parents (and eligible students) the right to inspect and review education records and to request corrections. It applies to most schools that receive federal funds.
What to request (example list):
Cumulative file, incident, discipline reports, nurse logs
Emails, notes, or reports that identify your child (to the extent permitted by law)
Class schedules, attendance, and safety video that directly relates to your child
Copies of policies in effect on the relevant dates (bullying, reporting, supervision)
Organize Like a Pro—Without Being One
Foldering:
ChildName-Case-Evidence/
– 01-Emails
– 02-Texts-DMs
– 03-Photos-Video
– 04-School-Records
– 05-Medical
– 06-Notes-Logs
– 07-Legal (if any)
Simple chain of custody:
Don’t overwrite originals; make a working copy for sharing.
Keep a short evidence list: FileName | Source | Saved by | Date saved.
Back up to two places (e.g., external drive + reputable cloud).
Do and Don’t (quick list):
Do: save immediately, use clear filenames, back up twice, keep it factual.
Don’t: edit or annotate originals, delete “irrelevant” messages, post sensitive details on social media, or hand over your only device.
Questions About School Bullying Evidence?
We Have Answers
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Answer: They help, but always keep original files (exports or device backups) because they carry metadata that proves when and by whom something was created.
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Answer: Recording rules vary by district and state. Pennsylvania is generally a two-party consent state for audio; check policies and ask before recording.
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Answer: You may be entitled to inspect records that directly relate to your child; schools may redact other students. Ask for the policy basis in writing.
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Answer: For safety and privacy, avoid posting details on social media. Save everything privately and share only with trusted advisors.
Case Study—Anonymous Plaintiff
A middle-school parent documented repeated hallway incidents with date-stamped photos, exported email threads with the school, and a nurse-office log obtained via FERPA. Clear, consistent records supported safety measures and helped resolve the matter faster—and on terms that protected the student.
Bottom Line—Take Action Today
Good records protect kids. Save first, organize second, and request school records the right way. If you need help, a short call can map your options and next steps.
If your child needs support after an incident at school or a youth program, we can review your evidence plan and draft a tailored FERPA request—calm, practical, and thorough.
Edelstein Law • 230 S. Broad St., Suite 900, Philadelphia, PA 19102 • (215) 893-9311 • Serving PA and NJ—All Counties Welcome!
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