Does a NCP have a legal right to a childs school information?

A post dated 11/13/2003 by Steve Carroll carried the subject line:
Does a NCP have a legal right to a child's school information?

I don't know about being a custodial parent or not effecting a parents right
to obtain a child's (read minor's) school information (read records).

however, in Oregon, a biological parent of said minor is entitled to at
least view those records, provided that parents parental rights have not
been terminated by court order...

leaving a loophole through which, in this state, an absent parent can track
their children's progress un-obtrusively if need be; like where the
custodial parent is uncooperative etc.; or, the CPSA is refusing to allow
contact for whatever, usually constructed, reason...

and, as I recall, its been some time since I was personally involved in such
matters, documenting said accesses of progeny records carries weight as
effort to stay involved, if invisibly so, in ones offspring's life's with at
least some, if not all, Oregon juvenile courts.

but somebody needs to check whether all the above is still valid.

that's my 2mil worth on the subject.
(note: 2mil = .2 cents or .002 dollars)

jd
--
If the Facts Fail to Support Your Position, Manipulate the Data.

"JD Hoeye" wrote in message
...
A post dated 11/13/2003 by Steve Carroll carried the subject line:

Does a NCP have a legal right to a child's school information?

Answer: Yes. Provided the child in question is your son or daughter.

The school cannot keep a child's school records / progress reports from
their parents, for any reason (unless you're some mental case, or mass
murderer). Nor can the school keep these records from you if you're an
older student, or keep "official" school notes/papers from their classes
from you.

I once had a teacher tell me that unless I sent the school a copy of my
divorce decree for them to keep on file, and it explicitly stated I was not
a batterer / abuser, then and only then, would they talk with me about how
my children where doing in school. They sited some obscure be.s. about it
being the school systems "policy" to make the demand,

So, instead, I sent them a copy of the Family Educational Rights and Privacy
Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) along with a note that
stated that unless they wished to hear from my attorney, they'd better send
me the information I requested.

They sent the copies I requested within the week.

And no, I never did comply with their desire to see my divorce decree.

Below is a synopsis of FERPA for you.

----------------------------------------------------------

Family Educational Rights and Privacy Act (FERPA)


The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34
CFR Part 99) is a Federal law that protects the privacy of student education
records. The law applies to all schools that receive funds under an
applicable program of the U.S. Department of Education.

FERPA gives parents certain rights with respect to their children's
education records. These rights transfer to the student when he or she
reaches the age of 18 or attends a school beyond the high school level.
Students to whom the rights have transferred are "eligible students."


a.. Parents or eligible students have the right to inspect and review the
student's education records maintained by the school. Schools are not
required to provide copies of records unless, for reasons such as great
distance, it is impossible for parents or eligible students to review the
records. Schools may charge a fee for copies.

b.. Parents or eligible students have the right to request that a school
correct records which they believe to be inaccurate or misleading. If the
school decides not to amend the record, the parent or eligible student then
has the right to a formal hearing. After the hearing, if the school still
decides not to amend the record, the parent or eligible student has the
right to place a statement with the record setting forth his or her view
about the contested information.

c.. Generally, schools must have written permission from the parent or
eligible student in order to release any information from a student's
education record. However, FERPA allows schools to disclose those records,
without consent, to the following parties or under the following conditions
(34 CFR § 99.31):

a.. School officials with legitimate educational interest;

b.. Other schools to which a student is transferring;

c.. Specified officials for audit or evaluation purposes;

d.. Appropriate parties in connection with financial aid to a student;

e.. Organizations conducting certain studies for or on behalf of the
school;

f.. Accrediting organizations;

g.. To comply with a judicial order or lawfully issued subpoena;

h.. Appropriate officials in cases of health and safety emergencies; and

i.. State and local authorities, within a juvenile justice system,
pursuant to specific State law.

Schools may disclose, without consent, "directory" information such as a
student's name, address, telephone number, date and place of birth, honors
and awards, and dates of attendance. However, schools must tell parents and
eligible students about directory information and allow parents and eligible
students a reasonable amount of time to request that the school not disclose
directory information about them. Schools must notify parents and eligible
students annually of their rights under FERPA. The actual means of
notification (special letter, inclusion in a PTA bulletin, student handbook,
or newspaper article) is left to the discretion of each school.

For additional information or technical assistance, you may call (202)
260-3887 (voice). Individuals who use TDD may call the Federal Information
Relay Service at 1-800-877-8339.

Or you may contact us at the following address:

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-5920