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School records access

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dreams44

Junior Member
What is the name of your state? California

hi - I am new to this forum and would like to ask how I can enforce my rights as a parent whom is entitled to my daughter's school records.

The principal of my daughter's high school told me, "Oh, that law doesn't apply to you." OF course, that is not true, because there are state laws in California regarding access to school records for noncustodial parents.

I have found the Education Code 49069 and Fmaily Code section 3025
and the FERPA act.

My questions, is how do I enforce my rights on having this information. I have written a letter to the Board of education and put in a complaint.

I have also checked with the Family POlicy Compliance Office in D.C. and they said that unless the school has a conflict with the state law then they have to grant me access to my daughter's school records.

Can anyone else on here give me any suggestions? thank you. Maggie
 


BelizeBreeze

Senior Member
Either waste a lot of time butting heads with these idiots of pay an attorney about $200 to write a letter demanding access for you to the records

If that doesn't work then you need to file suit against the person who has denied you access, the principle and the school board.
 

4nomore

Junior Member
dreams44 said:
What is the name of your state? California

hi - I am new to this forum and would like to ask how I can enforce my rights as a parent whom is entitled to my daughter's school records.

The principal of my daughter's high school told me, "Oh, that law doesn't apply to you." OF course, that is not true, because there are state laws in California regarding access to school records for noncustodial parents.

I have found the Education Code 49069 and Fmaily Code section 3025
and the FERPA act.

My questions, is how do I enforce my rights on having this information. I have written a letter to the Board of education and put in a complaint.

I have also checked with the Family POlicy Compliance Office in D.C. and they said that unless the school has a conflict with the state law then they have to grant me access to my daughter's school records.

Can anyone else on here give me any suggestions? thank you. Maggie
Even if you dont have custody for her to live with you, do you know if you have JOINT LEGAL custody? This is what gives you the right to the school records
 
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psfunkytek

Guest
Getting School Records

I would suggest you go to the school office with a copy of your court order (make sure it's a conformed copy) and your ID (DL or Passport) and give them copies of both and tell them you will sit and wait while they make copies for you.

If there is a copying charge, then pay it (not worth arguing about and probably less than an attorney).

Why are you unable to get this information from CP?
 

BelizeBreeze

Senior Member
psfunkytek said:
I would suggest you go to the school office with a copy of your court order (make sure it's a conformed copy) and your ID (DL or Passport) and give them copies of both and tell them you will sit and wait while they make copies for you.
the school is not a party to the court order. They can tell her to piss off.
which is what is happening. And nothing in the education code requires the school to make copies, ONLY to allow access.
 

BL

Senior Member
The thing to do is provide the School with a valid copy of the Court order , and any other proof that you are indeed A Parent of the child(ren) .

Request an appointment to view the records at the school .

If you are unable to go to the school , the school should send you copies according to the access laws .

IF the school refuses you access, then contact the DC OFFICE of Compliance , before dishing out money for an Attorney .

That Office more than likely will contact the school and want answers as to Why they are not complying with a Federal Law .
 
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psfunkytek

Guest
Sounded like a law

It sounded like OP say's there is a law already and when I was here in CA, my judge said that my daughters school would in fact be required to comply with a court order that was directly and specifically against school policy (had to do with THEIR city ordanice requiring students to carpool). I was furious because the judge basically stated that if they refused to comply, my ex could (with joint legal custody) object to the school. Well the school complied, then in the following year, what was an 80% scholarship became 20%.

While I'm not certian, I belive there is a (has to similiar to the one that allows you access to your personnel file) which requires that documents that you are entitled to access must be copied for you upon request and that they simply have the right to charge you for the service of copying. It's all kind of indirect, but in this case it may be that they wouldn't allow the records of a minor to be taken away for OP to. I know when I went to get copies of my custody file, I was basically placed on lockdown after my ID was verified to veiw the files, then I had to mark the pages I wanted copies of and they charged me a nominal fee.

I agree that the school couldn't be fined or held in contempt of court because they are't a party to the proceedings, but they can certianly be subpeoned and asked to justify why they refused to give you access to the records and while this would be hella costly for OP, I'd imagine the school also would just prefer to give access to the records......
 
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legalcuriosity

Guest
4nomore said:
Even if you dont have custody for her to live with you, do you know if you have JOINT LEGAL custody? This is what gives you the right to the school records
It doesn't matter what kind of custody you have, as a parent, you have legal access to those records. Unless, of course, a parent is restricted to that information.
 
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tigger22472

Senior Member
Although BB gave good advice, I would suggest going to the administration office before the step of the lawyer first. Go over the principal's head on this... then if that doesn't work go and see an attorney.
 

BL

Senior Member
In my case in 1996 the Director of The Family Compliance Office contacted the Superintendent of the school on my behalf .

They did send me copies of Educational Records and informed me to contact the Director of Pupil Personnel Services for Future request.

The school MUST provide parents with an opportunity to inspect and review their children's Educational records within 45 days of the receipt of the request. ( written).

Also, a school would generally be required to provide copies of Educational Records to a Parent if a failure to do so would effectively prevent a Parent access to to the records .

Example: Parent lives outside of the school district .

In my case it was out of State.
 

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