School Communication

[mrobison14]

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

My ex-wife is somehow blocking my access to see our children's school work. The school is saying their hands are tied due to her having sole custody. My former lawyer gave her sole custody, there was no reason for that to happen. Now she is using that against me in any way she can.

In this case, she has asked the school not to share any worksheets, projects, or homework with me. I only get the basic announcements and report card. I want to be involved with their education more than that, what can I do?

 

[OHRoadwarrior]

Talk to them about FERPA. Try calling the number on this link, if you want more case specific info.

Family Educational Rights and Privacy Act (FERPA)

 

[mrobison14]

I spoke with the school principal about FERPA today. Their stance on this is that there are specific things they have to allow me access to and the chidlren's work is not on that list.

Last year I went through the same issue, and came to an agreement that whichever parent picked them up would be responsible for that days work, projects, newsletter,etc. This year they have cut me off from seeing any of their completed work. I simply get the basic info, and as any parents put there know ... that is just not enough to support their education.

I am searching for legal remedies and am currently representing myself due to finances. I am considering filing for a GAL to address this and many other issues that my ex is taking advantage of the system on.

 

[Proserpina]

I spoke with the school principal about FERPA today. Their stance on this is that are specific things they have to allow me access to and the chidlren's work is not on that list.

Last year I went through the same issue, and came to an agreement that whichever parent picked them up would be responsible for that days work, projects, newsletter,etc. This year they have cut me off from seeing any of their completed work. I simply get the basic info, and as any parents put there know ... that is just not enough to support their education.

I am searching for legal remedies and am currently representing myself due to finances. I am considering filing for a GAL to address this and many other issues that my ex is taking advantage of the system on.

How old are the kids? Are they old enough to tell you/show you themselves?

Unfortunately the school is correct - they're only legally obliged to provide you with the bare minimum.

As craptacular as it is on Mom's part (there's not a single decent reason I can think of why you shouldn't have that information), I'm not sure there's any legal recourse you can take.

Unless you have other things going on?

 

[mrobison14]

The kids are four and six, and the teachers have been instructed to withhold the schoolwork. So there is only so much they can show me or I can see in the hall or classroom.

The other ordered items that my ex is walking the line on are: speaking poorly of my current wife and I as well as our daughter, interrogating the kids on what happens here, using her maiden name for the kids, making the kids feel scared to get yelled at if they do certain things or bring things home to mommy's, and refusing to communicate on co-parenting issues. She is simply holding the sole custody thing over my head on everything.

 

[CJane]

Talk to them about FERPA. Try calling the number on this link, if you want more case specific info.

Family Educational Rights and Privacy Act (FERPA)

FERPA has nothing to do with OP's issue.

FERPA will continue to have nothing to do with OP's issues if his children do not attend public school.

FERPA likely has nothing to do with ANY issues for OP's 4 year old.

 

[TheGeekess]

I spoke with the school principal about FERPA today. Their stance on this is that there are specific things they have to allow me access to and the chidlren's work is not on that list.

Last year I went through the same issue, and came to an agreement that whichever parent picked them up would be responsible for that days work, projects, newsletter,etc. This year they have cut me off from seeing any of their completed work. I simply get the basic info, and as any parents put there know ... that is just not enough to support their education.

I am searching for legal remedies and am currently representing myself due to finances. I am considering filing for a GAL to address this and many other issues that my ex is taking advantage of the system on.

If you can't afford an attorney, do you think you'll be able to afford a GAL? They don't work for free, either.

 

[Ohiogal]

105 ILCS 10/  Illinois School Student Records Act.

Also from Access To School and Medical Records - State Statutes - ALABAMA Through KENTUCKY
Illinois
750 ILCS 5/602.1

(e)
Notwithstanding any other provision of law, access to records and information pertaining to a child, including but not limited to medical, dental, child care and school records, shall not be denied to a parent for the reason that such parent is not the child's custodial parent; however, no parent shall have access to the school records of a child if the parent is prohibited by an order of protection from inspecting or obtaining such records pursuant to the Illinois Domestic Violence Act of 1986, as now or hereafter amended.
705 ILCS 405/1-8



If they are denying you because mom says so point out the state statute.

 

[CJane]

105*ILCS*10/**Illinois School Student Records Act.

Also from Access To School and Medical Records - State Statutes - ALABAMA Through KENTUCKY
Illinois
750 ILCS 5/602.1

(e)
Notwithstanding any other provision of law, access to records and information pertaining to a child, including but not limited to medical, dental, child care and school records, shall not be denied to a parent for the reason that such parent is not the child's custodial parent; however, no parent shall have access to the school records of a child if the parent is prohibited by an order of protection from inspecting or obtaining such records pursuant to the Illinois Domestic Violence Act of 1986, as now or hereafter amended.
705 ILCS 405/1-8



If they are denying you because mom says so point out the state statute.

And remember that it's VERY UNLIKELY that a child's daily work falls under the definition of "school records".

 

[mrobison14]

As far as the GAL goes, I was hoping that due to the circumstances that the court would appoint one and have us at least split the cost.

My main concern is that she is creating a barrier between me and the children where she should be encouraging that interaction.

 

[CJane]

As far as the GAL goes, I was hoping that due to the circumstances that the court would appoint one and have us at least split the cost.

My main concern is that she is creating a barrier between me and the children where she should be encouraging that interaction.

Can you articulate this "barrier"?

You AGREED to her having sole legal custody. You have to live with that.

And not seeing their daily assignments/worksheets/stuff is NOT a "barrier" between you and the kids. It's not even a molehill.

 

[mistoffolees]

How old are the kids? Are they old enough to tell you/show you themselves?

Unfortunately the school is correct - they're only legally obliged to provide you with the bare minimum.

As craptacular as it is on Mom's part (there's not a single decent reason I can think of why you shouldn't have that information), I'm not sure there's any legal recourse you can take.

Actually, there is. It just won't be fast or cheap. OP can go to court to request an order for Mom to deliver copies of all school work to him.

 

[CJane]

Actually, there is. It just won't be fast or cheap. OP can go to court to request an order for Mom to deliver copies of all school work to him.

Pretty unlikely since he agreed that she should have sole legal custody. And one of these kids is 4. There IS no school work. He basically told the court he doesn't want to have any decision-making power or input into the kids' education.

 

[mrobison14]

There is much more to it than just the school work. She dictates to them what they are allowed to say on the phone, she doesn't allow them to take their own toys to my house, yells at them if they return to her house wearing something she doesn't like, she tells them that dad's house is bad, that my current wife is bad, that she wishes our baby would die.

The list goes on and on. Each item on its own my not seem harmful, but I can already recognize a change of the children's behavior around some of these issues. She is mentally screwing them up, and it seems as if there is nothing I can do about it because she has sole custody.

I agreed to the sole custody under recommendation of my lawyer at that time. I had no idea, and did not explain, what kind of power that would give her. I would have never agreed to that if it were explained properly.

 

[mistoffolees]

Pretty unlikely since he agreed that she should have sole legal custody. And one of these kids is 4. There IS no school work. He basically told the court he doesn't want to have any decision-making power or input into the kids' education.

IF he really did give Mom sole legal custody, then that's probably true.

However, I'm not convinced - since OP hasn't stated exactly what the order says. OP said in the first post that Mom has "sole custody" - which could mean anything from sole legal to primary physical the way laymen use the term. The fact that co-parenting issues are apparently spelled out in the order suggests that OP has SOME rights.

OP should tell us exactly what the order says.