Denied by the School

[CSO286]

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

FERPA flat out indicates that schools which do not receive federal funding are not required to comply with its regulations.

CA law states that unless you are barred by court order, you have the right to that information.


FERPA does not state that you do not have the right to that information, just that the rules of FERPA apply only to those schools accepting federal funding. You child's private school is still subject to the provisions of the CA law, and as such, is required to provide you with the info as OhioGal posted:

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.

 

[GoodDadtoBK]

Got it!

So I will make one last attempt to wave the CA law flag at them and if that doesn't work I will file for a modification.

My only concern is this: When I went in yesterday, and was scolded by the prinicpal, she told me I could contact the school's attorney if I had any further questions. Should I make one last attempt to access the records through the office, or should I go straight to the attorney? This was exactly the kind of conflict I was trying to avoid.

 

[mistoffolees]

Got it!

So I will make one last attempt to wave the CA law flag at them and if that doesn't work I will file for a modification.

My only concern is this: When I went in yesterday, and was scolded by the prinicpal, she told me I could contact the school's attorney if I had any further questions. Should I make one last attempt to access the records through the office, or should I go straight to the attorney? This was exactly the kind of conflict I was trying to avoid.

I would go straight to the attorney. You're probably not going to get anywhere through the office.

 

[GoodDadtoBK]

Will do!

Thanks, again!

 

[CJane]

I would communicate with the school's attorney. I would do so in writing, and I would include a copy of your court order, your daughter's BC, your DL, and the applicable statute.

Note, however, that they have 5 days to allow you access, they do NOT have to provide you with copies, and you need to understand what actually constitutes 'school records'. Because very few people understand that.

 

[Ohiogal]

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

CA law that I posted covers private schools. That is what is wrong with them denying you access.

 

[kimberlywrites]

Reviving this, hoping dad comes back and lets us know what happened.