FERPA

[teacher98]

Hey all.  question about FERPA.  How does it apply to Friday Folder type documents in elementary classrooms.  In previous years, my SS's teachers have been very willing to work with DH on providing him copies of everything in the Friday Folder.  He simply received a mailing with all papers from the Friday Folder. This year, the teacher feels this is a lot of extra work and the principal has intervened saying only report cards and general newsletters will be mailed.  Grades are available online, however, DH has previously received copies of tests and assignments in addition to using the online program, that way he can actually see an area of success or concern.  An online grade means nothing.  I have been searching online but cannot seem to find clear information on what is considered a "school record" under FERPA.  Some things say tests and assignments that get recorded in a grade book are.  Most of it has to do with college. We feel that whatever is sent to mom should also be sent to dad.  K-3 teachers had no problem, but now 4th grade does.  Any help would be appreciated.

[gemini3]

We have had this issue every year.  Some teachers are just better about this than others.  Some principles are more on board than others as well.

FERPA, as I understand it, applies to school records.  While this definition is broad, most interpret this to mean attendance records, report cards, disciplinary actions, IEP's, school medical records, and directory information.

As for the other things, I can understand why, as a concerned parent, your husband would want to see how he is doing.  There are some things you can do to make it easier for the teacher to comply with your request.  Here's what we do:

1.  We always go to back-to-school nights, introduce ourselves to the teachers, and talk to them about the fact that the child has two homes (they are very used to this), and that you think it's really important that both parents are involved in the child's education.  They won't disagree with you.

2.  We provide the teachers with a self-addressed, stamped envelope for each week of the school year, and request that the teacher use that to send information.

3.  We talk to the office and give them a ream of paper, and ask that they send one extra copy of everything to the child's teacher to be sent home.  One of the biggest challenges the teachers have had is that they only get one copy per student.  This helps overcome that hurdle.

4.  Make sure that your custody order is on file with the child's school, and with the school board.

5.  Take a pro-active approach.  Every teacher has e-mail.  If you aren't gettting stuff back from the teacher, send her an e-mail (cc the principle) and inquire about the students progress.  Just say something nice like: 

"Mrs. So-So, we didn't receive anything from you last week regarding child, and I just wanted to check with you on his progress.  How is he doing?  Any successes or challenges that I should be aware of?  Are there any events - school picture, field trip's, etc. that I should be aware of?  Thanks for all you do!  Mr. Concerned Parent.

The teacher will most likely find it easier eventually to send the info than have to reply to your weekly e-mail. 

Also, if you're close enough where this is an option, you could offer to volunteer on field trips or other school events.  This helps the staff get to know you, and also makes them feel worse about not helping you out. 

Good luck!!

[ocean]

The law covers report cards and whatever is in the child's perm record folder. The teacher is not required to photo copy all the child's work so you can see if because the parents can't get along. If the grades are on-line, then you can see them immediately anyway, better than you getting them mailed to you. If there is a failing grade, then you need to talk to your child and tell them to bring the test with them the next visit so you can go over it with them again.

What the other poster said is very true. Each teacher gets the exact number of copies of notices for the kids in their class. Most things are on their websites now and the teacher might even have a website. Check the district website too for upcoming events and the school calendar.

[tjk]

It might help if you ask the teacher to send you just the copies of tests, or study sheets for upcoming tests on a weekly basis.  (Along with the notices of field trips, etc.) You would probably get alot more cooperation if the teacher doesn't have the hassle of having to copy every single classroom/homework assignment that the child does.   The tests will give you more detail than just a report card or online grade without burying the teacher in paperwork.

[teacher98]

Thanks everyone!  DH always attends open house, conferences, etc.  He doesn't get a chance to volunteer due to work, but makes it to all of the dad "stuff."  With first grade, we provided the self addressed stamped envelopes.  2nd and 3rd grade teachers said it wasn't necessary. This teacher didn't even respond. She just passed the issue on to the principal who wrote DH an email saying it would be too difficult to provide him with everything, especially since his "visitation" wouldn't correspond with a poorly completed assignment, he wouldn't have it in a timely fashion.  (like he never speaks to his son on the phone mid-week) Needless to say, DH wasn't too thrilled that the principal's reasoning was based on his "visitation" He wanted to march right in there and say that it is his parenting time and in that time he PARENTS his son.  Telling SS to bring the low tests home to dad's is not an option. BM does not save anything from the folder and makes a big deal over DH having anything to do with SS schooling. Although, she does not do much to make sure he has homework turned in on time (or at all) and he rarely studies for tests.  SS struggles in school and the only reason he is as far as he is, it due to DH getting more involved during 1st grade. He knew someone was checking up on him. DH is trying to help SS become more independent and remember these things on his own, however, home at mom's is very unorganized and he is often  left to his own devices. Mom is pregnant and sleeps a lot.  DH requested tests and low grade assignments so he could be a support at our house.  He is going to schedule a meeting with the principal to discuss things face to face.  Just because FERPA doesn't require them to provide certain things, doesn't mean they shouldn't try to accommodate DH who is trying to be an involved parent despite this crummy situation.  Maybe offering the ream of paper and the envelopes this year would be helpful for this teacher.  All school and class info is online. We just want the assignments so they correlate with the online gradebook.  Thanks again!!

[Kitty C.]

Then your DH needs to have a conversation with the principal AND teacher telling them exactly that (without pointing the finger at BM), telling them how involved he's been and he wishes it to continue that way and he has already seen the proof that it helps your SS tremendously.  It would be very difficult for them to say no.  Also, he can mention that the other 2 teachers whom he's already worked with would probably be more than happy to show the current teacher what you are requesting.    Put the onus on them and throw the ball back into their court, offer all the suggestions made here....in other words, make it damn difficult for them to say no!

[Gunner Retired]

Heyas... discussing FERPA:

When you're dealing with local schools it's usually a simple matter of walking in and explaining who you are and what you're on about. Long distance schools are another matter and I would invite you consider initiating contact face to face.

In either case put in the time to research state laws discussing accessing your childrens school records, and also look up your childs school faculty members by name (Prinicpal, District School Board Pres, etc) and cite these on your letter requesting [ X ] Access to and [ X ] Copies of (and make these each a line item) any and all [ X ] Record(s), [ X ] Document(s), [ X ] Correspondance(s) [learn that little trick with the (s) at the end of each item(s)], etc discussing your childs school reporting and progress.

I have a nice copy of a FERPA letter that I will be delivering to my daughters school when I travel that way ... if anyone would like a sanitized copy feel free to email asking for it!

Gunner Retired
Falsely Accused Father & Disenfranchised Parent
Georgia Fathers 4 Justice State Coordinator
National Parents Rights Association Research Consultant
Family Court Reform Alliance Archivist & 'Armorer'
AFRA/BHS Armorer
and KITTENS DADDY!!!

[ocean]

I agree that the teacher "should" do what it right but as they get older you will not see that. In my class last year, I had 7 kids whose parents are divorced. It got too difficult to make Friday folders so we went back to the "law" and only gave copies of report cards (and I slipped in picture day and trip forms). Our school has a website and most of the school stuff my principal posts so there is easy access. This year I only had one father ask for extra so I am able to manage one folder with the notices but I dont copy tests. It is mailed at the district expense every Fri to his house.

You can go see the principal but remember to state your case nicely and that you want to be involved as possible because they are not required to do it. I had some parents bring the stamps/envelopes and then the principal backed down and said that was not necessary.

The real issue is the CP who can't share the Friday folder and letters from school.

[teacher98]

thanks again!  DH will kill them with kindness and unblock every obstacle to make it impossible to say no.  we will have to move on from there.  and ocean, you are right.  the real issue is BM's problem with DH being involved.  i am sure that if you go back and read earlier posts from me, you will see that it isn't very harmonious.  also, we are both highly educated people (master's degrees) and she jumps from program to program. wasn't a strong high school student and just always seems to be in "crisis" mode.  Overscheduled, unorganized, babies all of the time.  She never seems to know what is going on and SS suffers because of it. That is why DH has made a point to just get any information he can on his own.  He contacts coaches, teachers, and doctors because BM always conveniently "forgets" to let him know or simply makes a big deal about him being involved.  Just depends what mood she is in.  We are learning to beat her to the punches, however, this year is a bit more challenging.  You guys are a great support system.   

[worriedinmd]

I am a divorced dad but also a teacher so I can see both sides of this story. I would say that it's a little ridiculous to expect a child's teacher to make a copy your child's every assignment so it can be sent to both of you since you can't get along. Almost half of the kids these days come from broken homes so the teacher would be spending at least an hour or two extra each week making copies of all these papers to mail to parents if every parent requested this. What has worked well for me is whichever parent has the child that day after school will look at the paper and help the child with what was wrong, then we will simply send that paper to the other parent's house so they have an opportunity to view it as well.

[CuriousMom]

ocean - I have a question or any of the teachers actually. 

Does your school have a website that is accessible by teacher/classroom?  I was being nosey and curious .  I know each childs grades are accessible for the parents but if there were a classroom/teacher website - could these assignments be posted there and then both parents can see them?  It is then the parents responsiblity to communicate with each other and make sure the child is getting them done and understand them.  And it would give the opposite parent insight on what assignments are out there and can ask specifics.  No additional copies / paperwork - just a quick upload to a site.

I'm in IT - so we have Sharepoint sites for everything.  Thought it might be an idea for the schools.  My son isn't in school yet so I'm not sure what is in a Friday folder yet.

[worriedinmd]

That would be a good idea, like the websites they have in college where you can check your assignments for the next week. I know my school doesn't have one, however if the teacher is prompt in grading papers you can usually tell if your child hasn't turned something in the day after it is due when the teacher puts in the 0 for their grade for that assignment.

[ocean]

Yes, they have websites for each teacher too. The higher grade teachers use them more than the younger ones. We are not mandated to use them. Mine has the monthly look-out for my classroom and important things (trips). One year I put the spelling words up every week but I was able to see that really no one used the site too often so I changed it to monthly.
My daughters are in middle school and they come home with assignments right from their teachers website that has to be done by computer. Pretty neat.

A Friday folder is usually used at the lower levels to send home things to the parents. I usually send everything home on Monday with the HW sheet, then they get some paperwork during the week. For the folders I have to make, I wait and put everything in a folder on Friday then mail it. Some teachers send all classwork home on Friday but we do not have aides so I do it daily so it does not pile up.

[Mom0f3]

On my DH's CO it states "information about the progress and school achool activities of the child will be obtained by each parent individually, with the cooperation of the other parent when needed."

We have never had an issue on teachers sending extra copies to us if they are important, however if we were unable to get BM to give us copies they would send home copies with other sibling.

[CuriousMom]

I think that's a good statement, then each parent is held responsible for the most part.  Going to write that down :-)

[pcdad]

We just went through a battle with my step daughter's school.  My husband and I moved out of state and I called his daughter's school to update our information and was informed that the BM told them not to give us any information on my husband's daughter.  There is nothing in the divorce papers regarding this issue and my husband is still her legal father keeping in contact with his daughter (she is 11) as much as the evil BM will allow.  She seems to have court officials in her back pocket or bedroom b'cuz every time we fight for my husband's rights to maintain a relationship with his daughter the BM brings us to court and we lose and lose more and more money.  Oh well - another issue alltogether.  Anyway, I informed the school that it is my husband's legal right to have access to his daughter's school records and if the BM doesn't want that then the burden is placed on her to get a court order that states otherwise.  They complied and supplied us with the log in and passwordDoes anyone have any advice as how to get access to medical records on a child - the BM refuses to share any of this information with us.  I know - get another atty and go back to court - spend more money - blah - blah - blah.  We have exhausted all funds and will not go this route. 

[gemini3]

There is a good letter on this site that you can use to get medical records.  You send a certified copy of the letter to the doctor demanding medical records.  In VA is against the law to deny a parent medical records.  You should check with your state.  If the doctor refuses to comply you can file a petition with their licensing board.

[pcdad]

Thanks for the info but we have the problem that we don't know what clinic or physician she brings them to and any time we try to get this information through the courts we are told we have to obtain an attorney, file a petition, pay for the process server, etc.  More money that we refuse to keep shelling out because his ex is vindictive and evil.

[Kitty C.]

You might want to try asking for a copy of the emergency contact information from the school.  Often it will list the child's doctor.......I know our school district requests that kind of information.  It would also be good to see exactly what kind of information is on there.  If you are not the primary parent, then you should be listed as a secondary emergency contact.

[CuriousMom]

Not sure if all physician's follow this rule of thumb, but when I added my son's father to his medical file I had to sign a HIPAA form, too.  They wouldn't just let me verbally add the information, regardless of the CO.  I have no idea which would supercede, if it truly got that far.

[gemini3]

Are you providing the child's insurance?  In my state all NCP's are required to carry health insurance for the kids.  If you do, the you could ask the insurance company to send all EOB's to your house.  This will give you all of the doctors information.

[MixedBag]

HIPPA is federal, family court is state.....HIPPA wins.  Believe me, I just went through this crapola on Thursday last week (AGAIN!)

Insurance suggestion -- see, my insurance company (Tri-Care) sends EOBs to the custodial parent (EX).  His insurance company also sent them to me when I was custodial.

What I have done -- and so far its always been available with all the insurance companies I've dealt with -- is set up an on-line account with them and I get notified via e-mail whenever a claim is processed.  See THAT access isn't granted to the NON-insurance policy holder.  (Even though Tri-Care sends HIM the EOB, I'd get the e-mail saying that a claim was processed.)

And then since Tri-Care is the secondary insurance (no matter what by federal law), I can reverse search the information I need from there.

[pcdad]

Thanks for all the info. I will start checking this out.  As for insurance up until now my husband did not have insurance through his employer and now that it is offered we are not sure if we can afford it.  That is another question - the CO states that either parent that is able to get insurance "at a reasonable cost" should provide it with the other party paying 1/2 the cost of the difference between single coverage and family coverage.  My husband's ex has coverage through the state plan - Badger Care (Wisconsin) because she does not work - she quit to go back to school.  The additional cost would be over $200 a month  - meaning she would have to pay us $108.98 a month for her share - PLUS half the deductible & co-pay for the 2 kids (1 his daughter with her and 1 hers from a previous marriage that he adopted 9 months before she filed for divorce).  Even tho the papers say she must pay 1/2 I have seen that county in WI go against the papers - I know that we will be stuck with the entire expense (ins. premium, deductible & co-pay) and this expense is absolutley NOT reasonable for us.  Like I said, she does NOT work, her only income supposedly is CS ($550/mo) - tell me how she makes her trailer payment, lot rent, utilities, cell phone, land line, cable, internet, car insurance, food and shops all the time.   Does anyone know if he must present this proposal to her or he can just say that the cost is not reasonable.  There is nothing in the papers and we refuse to shell out anymore money on attorneys to lose again in this court system.  We figure the cost wouldn't bother her becuase she would just get Badger Care to pick up her portion of the costs knowing that it would put us deeper in the poor house.   I tell you this woman is pure evil.  We spoke to his daughter last night and the ex stands over her shoulder the entire time listening to our conversation, when his daughter asked her mother if my son (her step brother) could call her or she could call him she flat out refused.  She refuses to allow her to come down at Xmas to visit (we are in FL now) and his daughter was bawling - the ex snatched the phone away started yelling that HE got her upset and hung up.  This woman will not let any of my husband's family keep in contact with his daughter.  And everyone knows what the county courts system allows her to do that noone is willing to spend anymore money fighting it.  A non working mom taking in $550 a month as her "only" source of income can afford all of the above AND afford to run to her attorney for every hang nail and no matter who we hire she ALWAYS wins. 

[chickenbubbasmom]

MixedBag-   You mentioned that you have experience dealing with HIPAA law; I'm not exactly clear on it just that it has to do with persons medical information and confidentiality. Maybe you know the answer to this, as silly as it sounds. BM is siting HIPAA law as a reason for not giving dad  a copy of her work schedule as ordered. What could one possibly have to do with the other??

[CuriousMom]

HIPAA is related to health information privacy not employment (that I'm aware of), http://www.hhs.gov/ocr/privacy/hipaa/understanding/index.html (http://www.hhs.gov/ocr/privacy/hipaa/understanding/index.html). 

[chickenbubbasmom]

CuriousMom- I was under the same impression.. but BM states that after discussing it with her boss that the Commissioner is not allowed to order her to give copies of her work schedule to DH because the schedule contains other parties' information (i'm assuming their work schedules as well) and it would be a violation of the HIPAA law. Maybe she is confused on this because of the fact that she works in a healthcare facility?

[MixedBag]

Sorry, I missed this from a while back ...

Here's the problem Chicken....as I see it.

See HIPPA is regards to PRIVACY matters. 

Mom (in your case) works in a health care facility -- where they are ubervigilant regarding privacy.

My experience or rather recent run in with HIPPA was concerning getting information regarding my son's health situation -- emergency room visit, followed by surgery the next day.....Nurse said "HIPPA says no, unless Dad lists you."  WV Code says I have the right to the information.  HIPPA is federal, so it trumps WV Code -- and well, the rest of how my situation went is not relevant to this thread.  And no, dad did not list me on the HIPPA form.

Suggested Solution:  Mom can still provide you with a schedule.  There are many different "ways" to provide that schedule.  In Mom's eyes, she probably gets the schedule along with everyone else's schedule which nope, dad has no need to know nor should be privy to know.

HOWEVER, there are solutions:

1.  Mom can black out all non-privacy information except HERS.

2.  Mom can translate her schedule on to another piece of paper and give it to dad.

When there's  a will (in this case), there's a way......Sounds to me like your Mom doesn't have the will to make it happen one way or another.

So -- maybe if dad sends a letter stating that he understands the "need for privacy" -- Mom better find another solution and suggest a few.  Maybe, just maybe, that light bulb hasn't come on yet.

[CuriousMom]

That reason is actually possible (I'm in IT and we had to change HR software to comply with HIPAA regs so that's why that may be a true statement - it's been years and I can't remember all the requirements), however, BM's boss can also take a black Sharpie and cross out what isn't needed, photo copy it and give it to you.  Or something of that nature, doesn't have to be pretty - just factual.   

[CuriousMom]

Sorry MB - didn't see your post of the same thing, must have just slid in right behind you

[chickenbubbasmom]

Much thanks to you both..I'm sure BM is simply looking for a reason NOT to give DH the information, and her boss apparently  provided her with one. DH did make the suggestion  that she could blacken out other parties' information, but she still refused. So.. we are returning to court on 11/12, for a contempt hearing on this and other issues.

[Kitty C.]

I'll try this again, as my last post got wiped out.........

Personally, if she is in a healthcare profession, she is either feigning stupidity (not a good thing, given the profession she's in)  or showing a blatant disregard for the law.  The 'HIP' in HIPAA stand for Health Information Privacy, and there is no 'E' in it for employment.

Anyone who is in healthcare has HIPAA drilled into their heads.  I've been in some aspect of healthcare (emergency services, medical, dental) for almost 30 years........we HAVE to know this or risk losing our jobs if we screw up and let something slip.  So for her to say that it includes her employment information is, IMO, a blatant refusal to cough up the information.

So if she is saying 'the Commissioner is not allowed to order her to give copies of her work schedule to DH', tell her to save her breath for the Commissioner.  There are ways to eliminate other employees information, so that's a lame excuse, too.  Ask the Commissioner or your atty. to subpoena the records, then she won't have anyone to argue with and will be held in contempt if she still refuses.

'I'm sure BM is simply looking for a reason NOT to give DH the information, and her boss apparently  provided her with one.'  Personally, I think she either purposely told her boss erroneous information or is just lying through her teeth and never talked to the boss at all.  Either that, or the boss told her they could provide it, but that wasn't the answer she wanted to hear.  Coniving people (like her) will always find a way to twist things around to their advantage, don't you know.........

[chickenbubbasmom]

Hi Kitty C.

Thanks for the info, we will be including her statements about HIPAA in the declaration we are getting ready to file for court on 11/12. Like you stated, let her tell it to the Commissioner.

In that case, it's very likely she made up the statement about her boss. Yes, she is very good at twisting things..