Accessing School Records: A Guide for Parents of Custody and Divorce
FERPA is a Federal law administered by the Family Policy Compliance Office (Office) in the U.S. Department of Education (Department). 20 U.S.C. § 1232g; 34 CFR Part 99.
“FERPA gives custodial and noncustodial parents alike certain rights with respect to their children’s education records, unless a school is provided with evidence that there is a court order or State law that specifically provides to the contrary. Otherwise, both custodial and noncustodial parents have the right to access their children’s education records, the right to seek to have the records amended, the right to consent to disclosure of personally identifiable information from the records (except in certain circumstances specified in the FERPA regulations, some of which are discussed below), and the right to file a complaint with the Department.”
Requesting documentation for school records is a right afforded to each parent with legal custody. Establishing a protocol based on FERPA guidelines could be beneficial for parents who are seeking information on the academic performance of their child and for parents who have previously been denied access to school records. Many parents, despite their extra efforts, are not listed as a medical contact or granted access to school performance records. This is a topic deserving of attention.
This letter is to create awareness among educational facilities on the dynamics taking place in some custody/divorce situations. A parent may engage in behaviors precluding their co-parent from accessing school records. FERPA guidelines should take precedence over what a parent says. Notably, the parental relationship may include dynamics the school is not privy. Legally, the staff should offer assistance to parents with legal custody who are seeking access to school records.
Legal definitions
Custody: “A court’s determination of which parent, relative or other adult should have physical and/or legal control and responsibility for a minor (child) under 18. Child custody can be decided by a local court in a divorce or if a child, relative, close friend or state agency questions whether one or both parents is unfit, absent, dead, in prison or dangerous to the child’s well-being.”
Physical custody: “Designates where the child will actually live.”
Legal custody: “Gives the custodial person(s) the right to make decisions for the child’s welfare.”
Suggested script
Here is a suggested script the school could use with parents:
“We have a new policy this year, and according to FERPA guidelines, our regulatory agency, before rejecting a parental request for access to school records we are required to ask for documentation indicating the co-parent is denied legal rights as a parent. We understand this may be inconvenient and involves an extra step of bringing in your court files. We are happy to make a copy for you here. We appreciate your support in accommodating this new guideline.”
If a parent was successful in excluding one parent based on a verbal recommendation in previous years, consider adding the following sentences to the above dialog:
“At the beginning of each school year guidelines are added, modified and deleted. This matter has been brought to our attention and as a school employee I am obligated to follow the FERPA guidelines.”
FERPA
Education records is defined as those records that contain information directly related to a student and which are maintained by an educational agency or institution or by a party acting for the agency or institution.
FERPA applies to educational agencies and institutions (e.g., schools) that receive funding under any program administered by the Department. Private and parochial schools at the elementary and secondary levels generally do not receive such funding and are, therefore, not subject to FERPA.
FERPA guidelines indicate a school must respond to the parental request for records within 45 days of receiving the request.
School records as defined by FERPA: This includes access to education records (grades, progress reports (if part of school record), amendment of education records, consents of disclosure of education records, annual notification of FERPA rights, law enforcement records, complaints of alleged failures to comply with FERPA information and filing a complaint regarding access to the education records of their child.
Note: School calendars, general notices including announcements of parent-teacher meetings or extra-curricular activities are NOT included. This is an issue the school and parent should address.
Ruth A. Nichols, M.A., M.A., CFLE p
Contact: RNichols@SharedParentingInfo.com
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ACCESSING SCHOOL RECORDS: A GUIDE FOR PARENTS OF CUSTODY AND DIVORCE
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Book organized by Mari Mitchell ISBN-10: 1514776456, ISBN-13: 978-1514776452