Private School Issue. Can I sue?

[mdbusinessman]

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

My ex wife currently has sole legal custody of our two daughers. I presently do NOT have an order for visitation, (although I have petitioned the court, have had the ex recently served, affadavit of service filed, and am awaiting a court date. ) The minor children attend the same private school. As part of the support agreement, in addition to child support, I currently pay monthly payments to my ex wife specifically for the purpose of private school tuition.

I have requested from my ex wife (in writing), copies of school records including report cards for both children. Her and her attorney state "there is no court order requiring her to provide this information". When I have approached the school, they have indicated that since I am not on the contract, and since I do not have any form of visitation or legal custody rights, they will not provide me any information regarding the children, and in addition, I am not "welcome" on their campus until custody changes. They stated that the only way they will provide me with copies of report cards/school info, is via a court order or via a letter from the ex wife to them, stating that they have permission to provide me with records.

How would I approach the court to request such an order? Is it via motion? Do I file a suit of me vs the school?

Any assistance is greatly appreciated.

 

[CourtClerk]

Please read, commit it to memory and remind the school that they don't have the right to withhold educational information or they will find themselves on the wrong end of a lawsuit. Google FERPA and read the entire law... do your research

Family Educational Rights and Privacy Act (FERPA)


Family Policy Compliance Office (FPCO) Home

The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.

FERPA gives parents certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are "eligible students."


Parents or eligible students have the right to inspect and review the student's education records maintained by the school. Schools are not required to provide copies of records unless, for reasons such as great distance, it is impossible for parents or eligible students to review the records. Schools may charge a fee for copies.

Parents or eligible students have the right to request that a school correct records which they believe to be inaccurate or misleading. If the school decides not to amend the record, the parent or eligible student then has the right to a formal hearing. After the hearing, if the school still decides not to amend the record, the parent or eligible student has the right to place a statement with the record setting forth his or her view about the contested information.

Generally, schools must have written permission from the parent or eligible student in order to release any information from a student's education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31):
School officials with legitimate educational interest;

Other schools to which a student is transferring;

Specified officials for audit or evaluation purposes;

Appropriate parties in connection with financial aid to a student;

Organizations conducting certain studies for or on behalf of the school;

Accrediting organizations;

To comply with a judicial order or lawfully issued subpoena;

Appropriate officials in cases of health and safety emergencies; and

State and local authorities, within a juvenile justice system, pursuant to specific State law.

Schools may disclose, without consent, "directory" information such as a student's name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. However, schools must tell parents and eligible students about directory information and allow parents and eligible students a reasonable amount of time to request that the school not disclose directory information about them. Schools must notify parents and eligible students annually of their rights under FERPA. The actual means of notification (special letter, inclusion in a PTA bulletin, student handbook, or newspaper article) is left to the discretion of each school.

 

[janM]

CC, does that apply to private schools too, or does it depend on whether they receive federal funds?

 

[mdbusinessman]

Thank you so much for your fast response.

However..FERPA clearly states "The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education."

Again..this is an Accredited PRIVATE school in the state of Maryland, and to my knowledge, receives no funds from the US Department of Education as part of any applicable program. As an aside, I wrote to what I thought would be the agency that governs accredited private schools in Maryland, the Nonpublic School Approval Branch of the Maryland State Department of Education. Their response was essentially that this school has to abide by COMAR 13A.09.09 "Educational Programs in Non-Pubic Schools" and provided me a brochure concerning COMAR, which contains a list of "docoumentation that nonpublic schools approved under COMAR 13A.09.09 must provide annually to parents and legal guardians of enrolled students.". The items listed are Teacher Qualifications, Ratio of students to Teachers, Poolicy regarding credits required for Secondary School Graduation, Definition of a unit of Credit, schedule of the school day, and calendar of the school year, and admissions.

Comar doesn't appear to require the school to release to parents anything specific about the child/childs progress/childs records, etc.

So now what do I do?

Thanks

 

[waitinMd]

I don't think the Maryland Statutes address private/public schools, it says:

Article - Family Law

§ 9-104.
Unless otherwise ordered by a court, access to medical, dental, and educational records concerning the child may not be denied to a parent because the parent does not have physical custody of the child.

 

[mdbusinessman]

WaitinMd: THANK you. THAT is very helpful info. I'm making a note of it as I read the rest of the Maryland Family Law doc. I'll also await some input from anyone else who may be able to give me some additional insight.

Now my question becomes: does that family law article allow me to go after the school in some legal fashion, or is that family law section something I need to referenece in a motion to the court to force the ex wife to provide me with that info?

 

[InsaneJane]

If I'm right; When one parent has sole legal custody (not just physical custody) then the school would need permision from the court, or the parent having legal custody to give out that info to anyone including Parents that don't have legal custody.

I don't know why you gave up legal custody, but that means that you will have to go through the court system for basically anything that your ex dosen't agree to.

Please realize that there is a big difference between physical custody and legal custody. Even if you share legal custody, the courts can block you from having access to those records or having any contact with the schools.
Becareful how you deal with the school. It will not save you any hassle if they send an unfavoritable letter to the Juvinile court.

If you want to find out about the school and policies and costs... Have somebody request their package.

 

[mdbusinessman]

But back to the focus: If I wanted to challenge the schools decision on not providing me the information, how would I do so in court? What sort of court action against the school would I file? I realize that I may lose..but I'm willing to risk that. And yes, I've also requested in writing to my ex directly and to her attorney..the same information which is list of pediatricans, therapists, doctors, report cards, progress reports, test scores..all for both children.

But for the purposes of this thread: my focus is directly with the school, and what can I do to have the court require them to give me, the non-custodial father, the same level of information that they give the custodial parent aka their mother.

Thanks everyone.

 

[Ohiogal]

If I'm right; When one parent has sole legal custody (not just physical custody) then the school would need permision from the court, or the parent having legal custody to give out that info to anyone including Parents that don't have legal custody.
I don't know why you gave up legal custody, but that means that you will have to go through the court system for basically anything that your ex dosen't agree to.

Please realize that there is a big difference between physical custody and legal custody. Even if you share legal custody, the courts can block you from having access to those records or having any contact with the schools.
Becareful how you deal with the school. It will not save you any hassle if they send an unfavoritable letter to the Juvinile court.

If you want to find out about the school and policies and costs... Have somebody request their package.

The bolded is completely incorrect.

 

[Ohiogal]

Sue the school for not following the state law regarding educational records. Also sue mom for not cooperating with you getting that information.

 

[mdbusinessman]

ohiogal:
Thanks. Any tip on (generally speaking) how to begin the process of suing the school? What form to file?

 

[LdiJ]

ohiogal:
Thanks. Any tip on (generally speaking) how to begin the process of suing the school? What form to file?

I doubt that there is a "form" available for that kind of lawsuit. I am also not sure that such a suit is viable against a private school. I think that you should consult a local attorney.

You also need to realize that suing the school will likely get your children tossed out. A private school is not required to accept the enrollment of any particular student. Naturally the school would want to protect itself from future litigation by removing your children. Is that in their best interest?

 

[mdbusinessman]

Thanks for the input.

Considering that according to my interpretation above (9-104) of Maryland law, my legal rights as a parent are being willfully trampled, considering that I've repeatedly and politley asked the school in writing for access to my children's records and been denied, etc, I feel that I have exhausted my options with the school. In separate court action, I'll be addressing this same issue with the ex-wife as well, as I already have a Complaint for Visitation filed to re-establish physical visitation, and will file a motion to request modification of legal custody as well, since the mother also has clearly stated through her attorney that she will not be providing me with access to any medical or education records of our daughters.

If the children are tossed from the private school, then I'm not so certain that it would NOT be in the best interest of the children. The children might be better served in an educational facility that preserves the rights of both parents, and encourages BOTH parents to be active in the educational lives of children vs deterring it to the non-custodial parent.

Per this link, it appears my first step is to determine an appropriate dollar amount (which I've determined to be in excess of $25,000) and compose and file a complaint in circuit court.

Going to Court in Maryland: Maryland State Law Library

 

[waitinMd]

Is this by chance a Catholic school?

 

[mdbusinessman]

How'd you guess?