school records and medical file

[acmb05]

What is the name of your state?Tn but child is in NC.

I requested my daughters school records and medical file. The medical file and history has been sent to me, however the school is taking thier own sweet time. I was told by the principle that he forwarded the request to the counselor to take care of. The counselor has now contacted me when I emailed for a follow up on my request and stated she never got the request and wanted the information about who I wanted the records for.

I sent the original request certified return receopt so I know the school got it. The law states they have to send me this info UNLESS there is a court order saying they cant and that they have 45 days from the date of the request or they are in violation of the Family Educational Rights and Privacy Act of 1974.

They have contacted my ex and told her about my request. I think she asked them not to send it and they are consulting thier attorney on the matter.

It also states in the law that any publicly funded school who refuses the request can lose thier Federal funding.

It will be 45 days tomorrow and since I only received the email from the counselor yesterday I dont think they will have it to me by today. I plan on filing a formal complaint with the Family Policy Compliance Office.

What other recourse do I have and if the ex told them not to send them would I include her in any court action. I can bring a civil action against the school for non complience.

 

[acmb05]

Ok

I got a call from the school yeterday. They are telling me that her grade transcript aer the only records that they keep in a child file at school. How can I find out if this is actually true or not. It does not seem right to me.

My kids that live with me have everything in thier school file such as, disciplinary report, school acheivements, Test scores, and counselors reports among other things. Is North Carolina that much different or are they just blowing smoke at me hoping I will drop it?

 

[usaohol]

Usually there are other things**************

I got a call from the school yeterday. They are telling me that her grade transcript aer the only records that they keep in a child file at school. How can I find out if this is actually true or not. It does not seem right to me.

My kids that live with me have everything in thier school file such as, disciplinary report, school acheivements, Test scores, and counselors reports among other things. Is North Carolina that much different or are they just blowing smoke at me hoping I will drop it?

I am not certain about that state, I live in FL, when my son was 15 I sent him to live with Dad in TN. He had been home schooled for 3 yrs by me, but because he was LD he still qualified for special ed services at school, which I made sure he got, all his homeschooling was done under the supervision of the SLD teacher, recorded as well as annual testing and such. When he went to TN his Dad tried to enroll him in school at a ninth grade level although I had him working on 10th, we wanted him to start as a freshman. When the school in TN requested records all they were sent were grade transcripts, which was of no use since I pulled him out in 6th. I contacted the school here and was told that is all they are required to send. I went to the school and spoke with the SLD teacher and prinicipal explained the whole situation and what the records were needed for, at that point they did send all the information. SO in fact that may be all they are required to send.

 

[acmb05]

Not according to

FERPA they are required to send any and all records that pertain to my daughter from the school. They are also suposed to be sending me copies ofany notes they send to the mom.

I wrote a letter of complaint to Family Policy Complience Office this morning and am mailing it out today. Hopefully they will get the message when this goes thru.

According to FERPA a school can lose thier Federal funding for not complying with a request from a parent for records unless there is a court order that says they dont have to. In this case there is no order in place.

 

[usaohol]

This might help

FERPA they are required to send any and all records that pertain to my daughter from the school. They are also suposed to be sending me copies ofany notes they send to the mom.

I wrote a letter of complaint to Family Policy Complience Office this morning and am mailing it out today. Hopefully they will get the message when this goes thru.

According to FERPA a school can lose thier Federal funding for not complying with a request from a parent for records unless there is a court order that says they dont have to. In this case there is no order in place.

They are required to keep, things like progress reports. behavioral reports attendance, immunizations and such. I realize you are taking legal steps to obtain these, have you contacted the school board? Might want to try that, too might get you quicker action.

 

[acmb05]

Yea I tried that step also

Never heard back from them. I should add that her mother is married to a Police officer in the town where they live so he does have a little pull. I do believe they sent the request to the schools lawyer and thats what was taking so long.

 

[stephenk]

did your divorce decree also state that you were to be copied with school reports, notes, records, etc? If yes, did you send a copy of your divorce order to the school?

You posted are you going to sue the school. What information do you believe you need about your daughter that you don't know already? Are you that rich to be able to handle an out of state lawsuit?

 

[acmb05]

First off

did your divorce decree also state that you were to be copied with school reports, notes, records, etc? If yes, did you send a copy of your divorce order to the school?

You posted are you going to sue the school. What information do you believe you need about your daughter that you don't know already? Are you that rich to be able to handle an out of state lawsuit?

It does not have to state in my divorce decree that they send me those things. It is Federal law that they have to. The school does have a copy of the divorce order my ex made sure of that when I was down there for court last time so that they knew I could not just show up at the school and see her there.

I posted A question if I would add my ex to the suit IF i decided to take legal action. I never said I WAS going to sue them.

I have found out that the counselor at the school talked to my daughter at length about me when her mom took me to court last time and I find it hard to beleive that the counselor did not write down anything regarding these talks. If she did they will be in her file. I am doing it because I believe I have a right to know everything about my daughter. I got a letter supposedly from her after the last court date stating she never wanted to see me and I also got a letter from her mother telling me she wont make her if she does not want to. Coincidently they came on the same day and the handwriting is almost exactly the same. I am no expert at handwriting but I can tell when someone signs thier name if its the same or not and these signed letters are signed by the same person. The J in her name is exactly the same right down to the little curl her mother puts on hers. I have an essay from my daughter that she wrote one year in school and the handwriting is completely different.

As I said I think I have a right to know anything and everything about my child especially when it comes to how she views me since her mother has not allowed me any contact with her at all.

Her mother said she would not stop me from seeing her if my daughter wanted to but yet every time I asked for an address or phone number before they refused to give it to me. I did not find out her address till we went to court and I got that thru discovery. Even the court papers that were sent to me had her address and number blacked out.

 

[stephenk]

your easiest way to get the school and your ex to comply would be to go back into family court and seek a contempt order regarding visitation, contact, and obtaining school records. the contempt order would be against your ex.

Did you have an attorney representing you in the divorce? If yes, contact the attorney and see about the best way to proceed.

 

[acmb05]

I dont have

your easiest way to get the school and your ex to comply would be to go back into family court and seek a contempt order regarding visitation, contact, and obtaining school records. the contempt order would be against your ex.

Did you have an attorney representing you in the divorce? If yes, contact the attorney and see about the best way to proceed.

a visitation order, thats a long story and part of another post. However since it is not the ex who is basically refusing my request the only thing she has done is asked them not to send them to me.

The way the law reads the only way the school can refuse to send them is if a court order is in place stateing that they do not have to and there is no court order.

I went thru almost this same thing with her last school and once I threatened a civil action and reporting them they turned over all the records. I am hoping the same thing works this time. They know they dont have a leg to stand on just trying to drag it out till the end of the school year at which time she will graduate and wont be a student anymore.

 

[BelizeBreeze]

a visitation order, thats a long story and part of another post. However since it is not the ex who is basically refusing my request the only thing she has done is asked them not to send them to me.

The way the law reads the only way the school can refuse to send them is if a court order is in place stateing that they do not have to and there is no court order.

I went thru almost this same thing with her last school and once I threatened a civil action and reporting them they turned over all the records. I am hoping the same thing works this time. They know they dont have a leg to stand on just trying to drag it out till the end of the school year at which time she will graduate and wont be a student anymore.

Without at least a custody order from the court, the school is correct. You have NO LEGAL RIGHTS to any information.

 

[acmb05]

that is not right

Without at least a custody order from the court, the school is correct. You have NO LEGAL RIGHTS to any information.

Custody or not the Federal law says I do have a right and I dont need a custody order.

Section 99.4: Sec. 99.4 What are the rights of parents? "An educational agency or institution shall give full rights under the Act to either parent unless the agency or institution has been provided with evidence that there is a court order, state Statute, or legally binding document relating to such matters as divorce, separation, or custody, that specifically revokes these rights." (Emphasis added)

There is NO court order, state statute or a legally binding document that revokes my rights.

Family Educational Rights and Privacy Act of 1974.

 

[acmb05]

This is what I sentt he last school

Along with my letter requesting them. Two days after talking to thier attorney they sent me the files.

The meaning and intent of this Statute is pretty clear. Note the words "either" and "specifically". Unless your Divorce Decree specifically excludes you from access to your child's school records, YOU HAVE THE RIGHT TO ACCESS THEM. The provisions in FERPA apply to ALL schools that receive Federal funding of any kind.

Note that 'school records' include:

* report cards
* enrollment forms
* achievement tests
* progress reports
* field trip forms
* incident reports
* disciplinary reports
* medical records
* emergency notification cards
* any other officially generated reports, including email

It is important to note that counselor and psychologist records are considered part of an educational record. Thus, they are not exempt from FERPA’s requirement. For the "teacher’s notes" exemption to apply to a counselor’s records, the notes taken by the counselor must be kept apart from all other student records and the information may not be shared with other persons.

 

[BelizeBreeze]

Custody or not the Federal law says I do have a right and I dont need a custody order.

Section 99.4: Sec. 99.4 What are the rights of parents? "An educational agency or institution shall give full rights under the Act to either parent unless the agency or institution has been provided with evidence that there is a court order, state Statute, or legally binding document relating to such matters as divorce, separation, or custody, that specifically revokes these rights." (Emphasis added)

There is NO court order, state statute or a legally binding document that revokes my rights.

Family Educational Rights and Privacy Act of 1974.

And you can whine all you want but until you prove you are the parent to the court AND receive FROM THE COURT the rights of a parent, the school is well within their rights to deny your request.

Now, read what you posted. It says PARENT...not assumed parent.

 

[acmb05]

I have already had that proven

And you can whine all you want but until you prove you are the parent to the court AND receive FROM THE COURT the rights of a parent, the school is well within their rights to deny your request.

Now, read what you posted. It says PARENT...not assumed parent.

There is not even a question as to whether I am the parent or not. I have also sent them all the required information showing them I am the legal father.

I/E court records stating such,