School Grades and Records-How can a non-custodial or non-residential parent gain get access to these?

Answer 1

UNITED STATES DEPARTMENT OF EDUCATIONWASHINGTON, D.C. 20202RIGHTS OF NON-CUSTODIAL PARENTSFAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT OF 1974

The Family Educational Rights and Privacy Act (FERPA) sets out requirements designed to protect the privacy of parents and students. In brief, the law requires a school district to: (1) provide a parent access to records that are directly related to the student; (2) provide a parent an opportunity to seek correction of records he or she believes to be inaccurate or misleading; and (3) with some exceptions, obtain the written permission of a parent before disclosing information contained in the student's education record.

The definition of parent is found in the FERPA implementing regulation under 34 CFR 99.3.

"Parent" means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian.

Section 99.4 gives an explanation of the rights of parents.

An educational agency or institution shall give full rights under the Act to either parent, unless the agency or institution has been provided with evidence that there is a court order, State statute, or legally binding document relating to such matters as divorce, separation, or custody, that specifically revokes these rights.

This means that in the case of divorce or separation, a school district must provide access to both natural parents, custodial and non-custodial, unless there is a legally binding document that specifically removes that parent's FERPA rights. In this context, a legally binding document is a court order or other legal paper that prohibits access to education records, or removes the parent's rights to have knowledge about his or her child's education.

Custody or other residential arrangements for a child do not, by themselves, affect the FERPA rights of the child's parents. One can best understand the FERPA position on parent's rights by separating the concept of custody from the concept of rights that the FERPA gives parents. Custody, as a legal concept, establishes where a child will live, and often, the duties of the person(s) with whom the child lives. The FERPA, on the other hand, simply establishes the parents' right of access to, and control of education records related to the child.

Here are the answers to questions frequently asked about the rights of non-custodial parents.

1. Does the FERPA require a school to keep a parent informed of the child's progress even though the parent is divorced and living some distance from the child?
No. The FERPA does not require schools to inform parents of student progress whether the parents are divorced or not.

2. Does the FERPA require a school to provide a parent copies of records?
Generally, a school is not required to provide parents copies of records. However, if the distance is great enough to make it impractical for the parent to visit the school to review the records, the school must make copies of the records and send them to the parent when that parent requests access to the records.

3. May a school charge for copies of records?
Yes. A school may charge a reasonable fee for copying.

4. Does the non-custodial parent have the right to be informed of and to attend teacher conference?
The FERPA does not address conferences for the purpose of discussing student performance. Thus, a school has no obligation under this law to arrange a conference to accommodate the non-custodial parent. However, if records of conferences are maintained, the non-custodial parent has the right to see those records.

5. Must the school notify the non-custodial parent of his/her FERPA rights?
No. The school would be considered in compliance with the law if it notifies only the parent who has custody of the child.

6. Must the school provide the non-custodial parent the same general notices it provides the custodial parent?
No. General notices, lunch menus, PTA information, announcement of teacher conferences, school pictures, and other similar information, are not "education records" as defined by the FERPA. Therefore, schools are not legally required to provide them.

7. Is the school required to honor a parent's "standing request" for access or copies?
No. The FERPA does not require a school to honor a standing request, but the school may do so if it wishes. If parents wish to obtain information from their child's records on a regular basis, they should submit requests periodically. The school must respond to each request within 45 days.

8. How can a non-custodial parent get access to records?
Any parent may ask the school for the opportunity to review records, either by going to where the records are kept or by requesting copies. The school may ask the parent for some identification.

9. Can the parent with custody prevent the non-custodial parent from exercising his or her FERPA rights.
No. FERPA gives both parents rights. The school may assume that a parent has these rights unless it has evidence to the contrary. The school doesn't need the permission of the custodial parent to give access to the non-custodial parent.

Month/Day/Year

Mr./Mrs. (School Teacher's) Name
School Name
Address
City, State ZIP


Dear Mr./Mrs. (School Teacher's) Name,

I am (child first and last name)'s non-custodial parent. Nevertheless, I remain actively involved in (his/her) development and education, and would appreciate your help by providing me with whatever information (even the trivial), schedules, and notices that are received by our child's custodial home. That information may not otherwise be "shared" with me, unfortunately.

Enclosed are 10 self-addressed, stamped envelopes, for your convenience. Understanding that this is "one extra thing" for a busy" teacher, it will assure meaningful involvement and my continuing awareness of (ch ild's first name)'s school classroom activities and environment.

When regular Report Cards are issued, naturally, I'd expect to receive, sign, and return a duplicate, noting your written comments, as well as to participate in Parent-Teacher conferences we'd schedule concerning (child's first name)'s needs and progress.

Please feel free to contact me. I am pleased to assist with your class field trips, parties, or projects. I'd be happy to help, just let me know. Meanwhile, I'm looking forward to getting acquainted. (Child's first name) is excited to be in your class, and is looking forward to the (new/remaining) school year.

Thanks again,
SignatureYour Name (Print)
Address
Home Phone #
Work Phone #

encl. (10)
cc: School Principle's Name
Father's Group Name
Attorney's Name
Court Case File #*******