Ca: Cumulative file question;parents rights

[athomeinslo]

What is the name of your state (only U.S. law)? CALIFORNIA

Hello!

I am trying to get a hold of my child's cumulative file (K-12) before it gets shredded. The school tells me I have no right to it. Is this right? I read in the CA ED CODE 49068 that parents do. I sent the school district a letter stating this ed code and requesting a copy of the cum file....and have had no response. I did send it delivery notification-so I am able to track it somewhat.

Any ideas? Why do they resist the parents having these?
Is there any way legally to get help with this> Should I contact the California Department of Education?

Thank you for listening. Anything you can tell me to help would be much much appreciated.

~Just a Parent~in California~

 

[CdwJava]

How old is your child? Is he out of school? How long has he been out?

And EC 49068 states a parent has a right to review the file requested when a child transfers to another school district or private school.

 

[Isis1]

How old is your child? Is he out of school? How long has he been out?

And EC 49068 states a parent has a right to review the file requested when a child transfers to another school district or private school.

in addition, are you the mother, the father? if the father, is your name on the birth certificate?

 

[Humusluvr]

What is the name of your state (only U.S. law)? CALIFORNIA

Hello!

I am trying to get a hold of my child's cumulative file (K-12) before it gets shredded. The school tells me I have no right to it. Is this right? I read in the CA ED CODE 49068 that parents do. I sent the school district a letter stating this ed code and requesting a copy of the cum file....and have had no response. I did send it delivery notification-so I am able to track it somewhat.

Any ideas? Why do they resist the parents having these?
Is there any way legally to get help with this> Should I contact the California Department of Education?

Thank you for listening. Anything you can tell me to help would be much much appreciated.

~Just a Parent~in California~

In addition, addition - why do you want this file?

You do have a right to VIEW the file, but you do not have the right to TAKE the file or take things out of the file. The school needs to keep the files for a certain amount of years after the student leaves the school, to maintain records. They don't just pitch the files after the student graduates, or hand them to the parent.

 

[athomeinslo]

This is thirteen years of my child's life--it will just be shredded.

I am on the birth certificate. My child graduated last June.

In that code, quoted directly from CDE.ca.gov:

49068. Transfer of permanent enrollment and scholarship record
Whenever a pupil transfers from one school district to another or to a private school, or transfers from a private school to a school district within the state, the pupil’s permanent record or a copy thereof shall be transferred by the former district or private school upon a request from the district or private school where the pupil intends to enroll. Any school district requesting such a transfer of a record shall notify the parent of his right to receive a copy of the record and a right to a hearing to challenge the content of the record. The State Board of Education is hereby authorized to adopt rules and regulations concerning the transfer of records.

(NOTE: Other regulations governing private school records appear in California Code of Regulations, Title 5, Division 1 California Department of Education, Chapter 2 Pupils, Subchapter 2 Records of Pupils, Article 3 Individual Pupil Records, Sections 430-437.)

49069. Absolute right to access
(Parents and Records)

Parents of currently enrolled or former pupils have an absolute right to access to any and all pupil records related to their children that are maintained by school districts or private schools. The editing or withholding of any of those records, except as provided for in this chapter, is prohibited.

Each school district shall adopt procedures for the granting of requests by parents for copies of all pupil records pursuant to Section 49065, or to inspect and review records during regular school hours, provided that the requested access shall be granted no later than five business days following the date of the request. Procedures shall include the notification to the parent of the location of all official pupil records if not centrally located and the availability of qualified certificated personnel to interpret records if requested.

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[athomeinslo]

The school district does not own our children-no one does.

These are our children to hold and to love.

I hope this posting helps other parents like me-get their child's record-if they want it. Sometimes the files are somewhat purged after graduation, but the schools still maintain some files on your student for a certain amount of years.

 

[Humusluvr]

This is thirteen years of my child's life--it will just be shredded.

I am on the birth certificate. My child graduated last June.

In that code, quoted directly from CDE.ca.gov:

49068. Transfer of permanent enrollment and scholarship record
Whenever a pupil transfers from one school district to another or to a private school, or transfers from a private school to a school district within the state, the pupil’s permanent record or a copy thereof shall be transferred by the former district or private school upon a request from the district or private school where the pupil intends to enroll. Any school district requesting such a transfer of a record shall notify the parent of his right to receive a copy of the record and a right to a hearing to challenge the content of the record. The State Board of Education is hereby authorized to adopt rules and regulations concerning the transfer of records.

(NOTE: Other regulations governing private school records appear in California Code of Regulations, Title 5, Division 1 California Department of Education, Chapter 2 Pupils, Subchapter 2 Records of Pupils, Article 3 Individual Pupil Records, Sections 430-437.)

49069. Absolute right to access
(Parents and Records)

Parents of currently enrolled or former pupils have an absolute right to access to any and all pupil records related to their children that are maintained by school districts or private schools. The editing or withholding of any of those records, except as provided for in this chapter, is prohibited.

Each school district shall adopt procedures for the granting of requests by parents for copies of all pupil records pursuant to Section 49065, or to inspect and review records during regular school hours, provided that the requested access shall be granted no later than five business days following the date of the request. Procedures shall include the notification to the parent of the location of all official pupil records if not centrally located and the availability of qualified certificated personnel to interpret records if requested.

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You don't get it. The STATE of CA legally owns that record. You can get a COPY, but not the actual record. It's the school's, and the State's, responsibility to keep that RECORD.

 

[athomeinslo]

If anyone else has pursued this or has legal knowledge......I would love to hear.

I do now have my child's file, as I am legally entitled to.

Thank you California Department of Education for maintaining our parents' rights.

 

[Humusluvr]

The school district does not own our children-no one does.

Oh brother.

These are our children to hold and to love.

Not at school.

I hope this posting helps other parents like me-get their child's record-if they want it. Sometimes the files are somewhat purged after graduation, but the schools still maintain some files on your student for a certain amount of years.

You don't GET the record, you can see or request a copy. Look back very closely at the reading and wording of the statute, and you'll see that I'm right. And you're being dramatic.

 

[athomeinslo]

You don't get it. The STATE of CA legally owns that record. You can get a COPY, but not the actual record. It's the school's, and the State's, responsibility to keep that RECORD.
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They can keep the record, as a lowly parent, ALL I WANT IS A COPY.

Is that too much to ask?!

PARENTS HAVE RIGHTS TOO>

 

[Humusluvr]

If anyone else has pursued this or has legal knowledge......I would love to hear.

I do now have my child's file, as I am legally entitled to.

Thank you California Department of Education for maintaining our parents' rights.

You have a copy. Not the real record. They have that.

 

[Humusluvr]

They can keep the record, as a lowly parent, ALL I WANT IS A COPY.

Is that too much to ask?!

PARENTS HAVE RIGHTS TOO>

I thought you just said you had it? You lied then.

Yes, parents do have rights to a copy. If you can't get a copy, or are not allowed to view the file, then there's a problem.

You aren't being denied your rights. You are being unreasonable and the school is acting within the law.

 

[athomeinslo]

Yes, I just received it. When I originally posted, I did not have it.

I stated all I want is a copy.

Thats all I wanted.

Thats what I got.


I came on here for support.

Boy, this is NOT the place.

Thanks.

 

[Humusluvr]

Yes, I just received it. When I originally posted, I did not have it.

I stated all I want is a copy.

Thats all I wanted.

Thats what I got.


I came on here for support.

Boy, this is NOT the place.

Thanks.

Seriously, you came to a legal forum to ask for support? Sorry, I told you what was legal, and what you were asking for was NOT legal. You got what the law said you would get - A COPY.

You stated :

This is thirteen years of my child's life--it will just be shredded.

It still will be. Details matter.

I answered the legal question properly.

 

[CdwJava]

You cited EC 49068 as your authority to receive the records. That was the incorrect authority. The correct authority would appear to be what you cited - 49069 ... or would be if the section currently appeared in the state Education Code. While it is referred to in the EC as allowing parental access, it no longer appears there ... and I cannot find out why (it may be a glitch, or it may have been rolled into another section).

But, when you came to this site you cited 49068 as granting you the legal authority to access the records of your now graduated son. That section does not. The legal information you received was correct. So, before you chide others for a lack of "support," understand that when you ask a legal question, the answer may not be supportive.