FERPA Violation

[dhmachura]

Your assumption is absolutely incorrect. Were it correct, I would not have received my daughter's records after eight months. The DPS legal department reviewed my order and ruled that I did not have access. the DOE

 

[dhmachura]

decided differently. Case in point: why would they have sent me the records if I were not entitled to them under FERPA. The problems lie within the details-- do they not?

 

[dhmachura]

It appears to me that forum members answered your questions as completely as they can be answered.

When you file a FERPA violation complaint, the complaint is investigated and the investigation is closed once there is school compliance.

To quote from the link I provided earlier, with bolding added: "FERPA gives custodial and noncustodial parents alike certain rights with respect to their children's education records, unless a school is provided with evidence that there is a court order or State law that specifically provides to the contrary.

I think the problem you had in accessing your daughter's records probably stemmed from the fact that there is a court order in your case. School personnel are not (generally) lawyers. It often takes a lawyer to analyze the terms and conditions of a restrictive order.

I see no legal action for you to take. You might want to discuss with a lawyer in your area the court order that has placed restrictions on you, and you can go over the school problem at the same time.

Good luck.

 

[dhmachura]

The court order must SPECIFICALLY state that I have no rights UNDER FERPA as a parent to my daughter's records. It did not provide for that. So .... any other ideas?

 

[Just Blue]

Your assumption is absolutely incorrect. Were it correct, I would not have received my daughter's records after eight months. The DPS legal department reviewed my order and ruled that I did not have access. the DOE

I suggest you go seek the assistance of an Educational Attorney for help. It won't be free .

 

[quincy]

Your assumption is absolutely incorrect. Were it correct, I would not have received my daughter's records after eight months. The DPS legal department reviewed my order and ruled that I did not have access. the DOE

I am sorry if you saw what I wrote as incorrect. You might want to have all facts of your situation personally reviewed by an attorney in your area.

I am not seeing any legal action for you to pursue based on what you have posted here. Perhaps the lawyer you contact in your area who has access to all of the facts will see it differently.

Good luck.

 

[dhmachura]

I believe the following email I received from the DOE in Washington D.C. may answer and/or refute the information I have received from this forum:

XXXX

FERPA affords custodial and noncustodial parents the same right unless a court order or state law exists that specifically revokes those rights. We generally do not interpret court order, but I did look at what you sent and from my review it does not look like your FERPA rights have been revoked. That having been said, FERPA does not require a school to give a parent copies of education records, the law provides that parents be given an opportunity to inspect and review the records that schools maintain on their children. Clearly, a school can give out copies, but in this case the school has chosen based on your situation to give a copy of the transcript to your child's father for him to give you.

What our office would take into consideration as a violation of your rights under FERPA would be if a school refused a parent the right to inspect and review his or her child's education records. Therefore, we suggest you set up an appointment with the school to inspect and review your child's records. If the school refuses to show them to you or denies your request, then you could file a complaint with our office electronically through our website at www.ed.gov/fpco

We need to see or know the date of your request and also see or know the response of the school. We will review the information you provide and take any necessary action. We hope this information is helpful to you.

Sincerely,

Family Policy Compliance Office



I would be interested in your opinions after reading the above. and thank you for your time

 

[quincy]

I believe the following email I received from the DOE in Washington D.C. may answer and/or refute the information I have received from this forum:

XXX

FERPA affords custodial and noncustodial parents the same right unless a court order or state law exists that specifically revokes those rights. We generally do not interpret court order, but I did look at what you sent and from my review it does not look like your FERPA rights have been revoked. That having been said, FERPA does not require a school to give a parent copies of education records, the law provides that parents be given an opportunity to inspect and review the records that schools maintain on their children. Clearly, a school can give out copies, but in this case the school has chosen based on your situation to give a copy of the transcript to your child's father for him to give you.

What our office would take into consideration as a violation of your rights under FERPA would be if a school refused a parent the right to inspect and review his or her child's education records. Therefore, we suggest you set up an appointment with the school to inspect and review your child's records. If the school refuses to show them to you or denies your request, then you could file a complaint with our office electronically through our website at www.ed.gov/fpco

We need to see or know the date of your request and also see or know the response of the school. We will review the information you provide and take any necessary action. We hope this information is helpful to you.

Sincerely,

Family Policy Compliance Office



I would be interested in your opinions after reading the above. and thank you for your time

I think what you were told in the letter is the same information in the link I provided to you earlier and the same information provided you by members of this forum.

Good luck.

 

[Just Blue]

I believe the following email I received from the DOE in Washington D.C. may answer and/or refute the information I have received from this forum:

XXX

FERPA affords custodial and noncustodial parents the same right unless a court order or state law exists that specifically revokes those rights. We generally do not interpret court order, but I did look at what you sent and from my review it does not look like your FERPA rights have been revoked. That having been said, FERPA does not require a school to give a parent copies of education records, the law provides that parents be given an opportunity to inspect and review the records that schools maintain on their children. Clearly, a school can give out copies, but in this case the school has chosen based on your situation to give a copy of the transcript to your child's father for him to give you.

What our office would take into consideration as a violation of your rights under FERPA would be if a school refused a parent the right to inspect and review his or her child's education records. Therefore, we suggest you set up an appointment with the school to inspect and review your child's records. If the school refuses to show them to you or denies your request, then you could file a complaint with our office electronically through our website at www.ed.gov/fpco

We need to see or know the date of your request and also see or know the response of the school. We will review the information you provide and take any necessary action. We hope this information is helpful to you.

Sincerely,

Family Policy Compliance Office



I would be interested in your opinions after reading the above. and thank you for your time

To save me the bother of reviewing 3 pages of postings....Did you make an appointment to review childs records?

 

[quincy]

I thank you for taking the time to read these forums and I hope are educational: I received the following email from the DOE:

XXX,

FERPA affords custodial and noncustodial parents the same right unless a court order or state law exists that specifically revokes those rights. We generally do not interpret court order, but I did look at what you sent and from my review it does not look like your FERPA rights have been revoked. That having been said, FERPA does not require a school to give a parent copies of education records, the law provides that parents be given an opportunity to inspect and review the records that schools maintain on their children. Clearly, a school can give out copies, but in this case the school has chosen based on your situation to give a copy of the transcript to your child's father for him to give you.

What our office would take into consideration as a violation of your rights under FERPA would be if a school refused a parent the right to inspect and review his or her child's education records. Therefore, we suggest you set up an appointment with the school to inspect and review your child's records. If the school refuses to show them to you or denies your request, then you could file a complaint with our office electronically through our website at www.ed.gov/fpco

We need to see or know the date of your request and also see or know the response of the school. We will review the information you provide and take any necessary action. We hope this information is helpful to you.

Sincerely,

Family Policy Compliance Office

I hope to above spares you the time it would take to read the forum and challenge you to arrive a solution. Obviously,. the subject interests you or you would not have read it.


i HOP

You posted this already - and the same information (and more) is available for reading in the government link provided on page one of this thread and provided by members of this forum.

If you have further questions, dhmachura, you might want to address them to an attorney in your area.

Good luck.

 

[Just Blue]

I thank you for taking the time to read these forums and I hope are educational: I received the following email from the DOE:

Denise,

FERPA affords custodial and noncustodial parents the same right unless a court order or state law exists that specifically revokes those rights. We generally do not interpret court order, but I did look at what you sent and from my review it does not look like your FERPA rights have been revoked. That having been said, FERPA does not require a school to give a parent copies of education records, the law provides that parents be given an opportunity to inspect and review the records that schools maintain on their children. Clearly, a school can give out copies, but in this case the school has chosen based on your situation to give a copy of the transcript to your child's father for him to give you.

What our office would take into consideration as a violation of your rights under FERPA would be if a school refused a parent the right to inspect and review his or her child's education records. Therefore, we suggest you set up an appointment with the school to inspect and review your child's records. If the school refuses to show them to you or denies your request, then you could file a complaint with our office electronically through our website at www.ed.gov/fpco

We need to see or know the date of your request and also see or know the response of the school. We will review the information you provide and take any necessary action. We hope this information is helpful to you.

Sincerely,

Family Policy Compliance Office

I hope to above spares you the time it would take to read the forum and challenge you to arrive a solution. Obviously,. the subject interests you or you would not have read it.


i HOP

Please take the very clearly written letter to an attorney to assist you. I spent much time dealing with schools regarding my very gifted children...Never have I been denied access to their records when I went there in person. It's kinda a fly/honey thingy perhaps.

BTW...My 15 year old is attending University next year.

 

[dhmachura]

I apologize for for appearing to be rude, however, I fail to see why one response to my thread compliments an avatar.