Denied by the School

[CSO286]

They're NOT violating FERPA. Private schools, almost without exception, are not bound by FERPA.

This is one reason I would fight my ex's desire to send our kids to parochial school even if I didn't have other objections.

That's why, when Dad said 'they acted like they'd never heard of FERPA', I asked if this was public school.

It's likely they really never have heard of it. This is one detail full of devils.

Really? I did not know this. (Obviously. )

wow


ETA--Did some more digging: http://www2.ed.gov/policy/gen/guid/fpco/ferpa/parents.html

FERPA is a Federal law that is 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 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.

OP, I am sorry for any misunderstanding my inaccurate info might have casued you this afternoon.

 

[GoodDadtoBK]

Well, I was denied, again. I was told by the principal that they are not required to give me any information and if I had a problem with that I am to contact the school's attorney. I felt like I was 15 again; getting scolded by the principal!

I suppose I am SOL with this. It is humorous to me that mom accuses me of not being involved enough in our daughter's life, then does everything she can to keep me out.

 

[CSO286]

Well, I was denied, again. I was told by the principal that they are not required to give me any information and if I had a problem with that I am to contact the school's attorney. I felt like I was 15 again; getting scolded by the principal!

I suppose I am SOL with this. It is humorous to me that mom accuses me of not being involved enough in our daughter's life, then does everything she can to keep me out.

Then I would file to modify the custody order to require that you be listed on all school paperwork and be given copies of reports cards/confernece info, etc, within X days.

Again, I am sorry for providing incorrect info. CJnae corrected me and I started digging.

 

[dmcc10880]

Bottom line is, what does your court order states.

Unfortunately for you, your ex wife as full legal and physical custody. Why would you let that happen to begin with?

While FERPA has some application here, the fact is the lack of custody puts you at a distinct disadvantage and for the school to react as such as you described is warranted to protect your child.

It's truly an unfortunate situation and I hope that you can navigate through it, but it really has to deal with your ex and custody orders. I truly wish you well.

 

[CSO286]

Bottom line is, what does your court order states.

Did you read the thread?

Unfortunately for you, your ex wife as full legal and physical custody. Why would you let that happen to begin with?

NCPs still have rights, even in these situations.

While FERPA has some application here, the fact is the lack of custody puts you at a distinct disadvantage and for the school to react as such as you described is warranted to protect your child.

FERPA has no application. Read the thread. Private school. I learned this. I even admitted my error twice here.

It's truly an unfortunate situation and I hope that you can navigate through it, but it really has to deal with your ex and custody orders. I truly wish you well.

 

[GoodDadtoBK]

Bottom line is, what does your court order states.

Unfortunately for you, your ex wife as full legal and physical custody. Why would you let that happen to begin with?

While FERPA has some application here, the fact is the lack of custody puts you at a distinct disadvantage and for the school to react as such as you described is warranted to protect your child.

It's truly an unfortunate situation and I hope that you can navigate through it, but it really has to deal with your ex and custody orders. I truly wish you well.

Bottom line is this, dmcc. You are in no place to question the status of my custody agreement. This question had nothing to do with that so please keep your judgements to yourself. I was very young when we had our daughter, and I only wish I knew then what I know now. I didn't understand my rights as a father, and that was due to my young age. Fortunately I have learned from my mistakes and will never allow myself to get in that kind of situation again.

Thanks everybody for your help!

 

[mistoffolees]

Then I would file to modify the custody order to require that you be listed on all school paperwork and be given copies of reports cards/confernece info, etc, within X days.

Again, I am sorry for providing incorrect info. CJane corrected me and I started digging.

Just to make sure OP understands this - the private school is not a party to your divorce decree. They can only be forced to do what the laws tell them to do. If FERPA applied to them, you could go after the school directly, but it does not. Nor does any other law require them to give you information. And since they are not part of your divorce, it is very unlikely that you could get a court order forcing them to cough up the information.

The only ones party to your decree are you and your ex. Therefore, the only way for you to get the information is to have the court order modified forcing ex to give you all the information.

 

[GoodDadtoBK]

Thanks, Misto.

I decided last night that I am going to file a motion to have this information added to our custody agreement. I have been telling myself there is only 4 more years left, but I don't want to fight like this anymore. If it is on paper, it can't be argued against. Period.

I am going to ask that my name is added to all school/medical paperwork as her father; This should eliminate the problem of Mom adding her husband as dad. I am also going to ask that she be required to use our daughter's FULL last name, not use only her's.

Thanks, again!

 

[mistoffolees]

Thanks, Misto.

Don't thank me - I was only clarifying the information that CSO, Cjane, and others provided. They did all the work.

 

[Ohiogal]

Except for the fact that Misto and others are wrong. Sorry guys but CA law is specific:

California
CA Family Code 3025
3025. Notwithstanding any other provision of law, access to records and information pertaining to a minor child, including, but not limited to, medical, dental, and school records, shall not be denied to a parent because that parent is not the child's custodial parent.

EDUCATION CODE SECTION 49069-49072

49069. Parents of currently enrolled or former pupils have an absolute right to access to any and all pupil records related to their children which are maintained by school districts or private schools. The editing or withholding of any such 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 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 where requested.

Private school may not be party to the divorce decree but they have to follow STATE law.

 

[Ohiogal]

Just to make sure OP understands this - the private school is not a party to your divorce decree. They can only be forced to do what the laws tell them to do. If FERPA applied to them, you could go after the school directly, but it does not. Nor does any other law require them to give you information. And since they are not part of your divorce, it is very unlikely that you could get a court order forcing them to cough up the information.

The only ones party to your decree are you and your ex. Therefore, the only way for you to get the information is to have the court order modified forcing ex to give you all the information.

THE BOLDED IS INCORRECT! See the laws I posted for CA. That makes the rest of it incorrect.

 

[CJane]

Except for the fact that Misto and others are wrong.

Except what I posted is that they're not in violation of FERPA, so walking into the school waving that around was going to get him nowhere.

 

[CSO286]

Except for the fact that Misto and others are wrong. Sorry guys but CA law is specific:

California
CA Family Code 3025
3025. Notwithstanding any other provision of law, access to records and information pertaining to a minor child, including, but not limited to, medical, dental, and school records, shall not be denied to a parent because that parent is not the child's custodial parent.

EDUCATION CODE SECTION 49069-49072

49069. Parents of currently enrolled or former pupils have an absolute right to access to any and all pupil records related to their children which are maintained by school districts or private schools. The editing or withholding of any such 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 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 where requested.

Private school may not be party to the divorce decree but they have to follow STATE law.

Thank you OG!

Now I would think that that is something our OP could bring in to the school to gain access to the records, yes?

 

[CSO286]

Just to make sure OP understands this - the private school is not a party to your divorce decree. They can only be forced to do what the laws tell them to do. If FERPA applied to them, you could go after the school directly, but it does not. Nor does any other law require them to give you information. And since they are not part of your divorce, it is very unlikely that you could get a court order forcing them to cough up the information.

The only ones party to your decree are you and your ex. Therefore, the only way for you to get the information is to have the court order modified forcing ex to give you all the information.

Thanks for the clarification. Misot's bolded statment is what I meant. That way, if Mom still insisited upon listing stepdad and omitting Dad, then you could file for contempt....

 

[GoodDadtoBK]

Confused

So now I am a bit confused!

Does the fact that the school is private have any relevence? Everything I have been reading about the CA law in regards to this has been saying there needs to be something on file denying me access, but I am not sure now what is right and what is wrong.

Am I protected under FERPA, or is is CA law?

Thanks so much for all of your assistance