How do I obtain something in my child's school file?

What is the name of your state? Maryland

My wife and I are separated. No one has filed for divorce yet, but it seems we are headed down that path.

We have one child in school. And I am interested in obtaining a document in my child's school file.

My wife apparently wrote a letter to the school, which stated that she and the kids were moving to California and that the child was withdrawing from school. I had no idea about this letter or my wife’s plans. I just found about this by chance when the secretary of the school just happened to mention it. The secretary told me she remembers the letter and that it was in my child’s file. She also told me that while she would be okay with giving the letter back to my wife, she's not comfortable giving it to me. So I asked the headmistress for a copy of my child's school file and while there is a notation in the file that says, "Withdrawal June 16th", there is no letter.

My question are:

1. How can I get this letter? The school either really doesn’t have the letter or is not willing to give it to me. Can I subpoena it? But I would have to file a court case first, right, in order to subpoena it?

2. Is a school file like a medical file where you can’t just throw things in the file away? I have a feeling that the school just threw the letter away.

Any info would be appreciated.What is the name of your state?

candan said:

1. How can I get this letter? The school either really doesn’t have the letter or is not willing to give it to me. Can I subpoena it? But I would have to file a court case first, right, in order to subpoena it?

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you can file for divorce with an accompanying subpoena issued to the school for all relevant records.

2. Is a school file like a medical file where you can’t just throw things in the file away? I have a feeling that the school just threw the letter away.

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The letter is not on the same grounds as medical files. however, you have no proof that the letter existed in the first place, therefore a copy of the file should suffice to provide grounds for a temporary restraining order against moving the child out of the jurisdiction.

Any info would be appreciated.What is the name of your state?

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here it is then.

There are federal laws called 'family education records policy (?) act' or FERPA.
You can do a search for FERPA and read up on this.
It basically states that parents have a right to view and obtain a copy of 'all' educational records 'personally identifiable' to your child.
I would think that since this letter is/was in your childs file, it is part of his educational records.

I am not sure how the FERPA laws would work in divorce situations. I don't think it even states anything about that, so both parents should be able to see and have copies of all their childs school files.

You can write a letter to the school, stating that you want to come and view your childs complete educational files and have copies made, and that they have 45 days from the date of your request to grant your request, according to FERPA laws.

It's not a good idea to tell the school to 'send' you copies of the files. They usually don't include everything. It's best to go to the school , look at the original files for yourself and have copies made of everything.

If they don't give you the letter and/or a copy of all school records, you can file an OCR complaint (office of civil rights)
But I have heard this office is not too good with helping people, though.
I am not sure what an alternative to this would be, maybe write to the state dept. of education and ask them what you can do.