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School information

Started by awakenlynn, Jun 01, 2007, 10:28:57 AM

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awakenlynn

SD starts high school in the fall.  We have contacted them to get their school information.  They flat out refuse.  They say to look at the website, but it doesn't answer some of our questions.  We have asked for a registration packet, and they have said we have to go to the school to get the information, they cannot "waste paper" mailing it to us because then they won't have copies for the parents that come in.

Is TX different?  What do we need to do to get the information we want?  We know they will fight us on every peice we want-grades, extracurricular information, anything.  We want to be made to be a point of contact, just like SD's mother.  Apparently they said we can't be because we live out of town.  What do we need to do to put a halt to this now?

Thanks,
Lynn

Jade

>SD starts high school in the fall.  We have contacted them to
>get their school information.  They flat out refuse.  They say
>to look at the website, but it doesn't answer some of our
>questions.  We have asked for a registration packet, and they
>have said we have to go to the school to get the information,
>they cannot "waste paper" mailing it to us because then they
>won't have copies for the parents that come in.
>
>Is TX different?  What do we need to do to get the information
>we want?  We know they will fight us on every peice we
>want-grades, extracurricular information, anything.  We want
>to be made to be a point of contact, just like SD's mother.
>Apparently they said we can't be because we live out of town.
>What do we need to do to put a halt to this now?
>
>Thanks,
>Lynn

What does your court order say?  There is no reason at all why you can't get get copies of extracurricular activities, disciplinary actions and report cards. You may have to have a lawyer write the school a letter to accomplish this.

As for the point of contact, you can give them your phone number.  But it isn't just like the mother.  

Why?  Because the mother doesn't live out of town and will be able to come and get the child(ren) in an emergency.  

The only time I get a call from the school is when there is a problem, such as illness.  And if they close the school down, just how feasible is it for the father to get to the school in a reasonable amount of time?  If it isn't feasible, then this is a losing argument.

An example, my ex lives out of town, but he is only 20 miles away.  So he could get there in a reasonable amount of time.  But if he were to live further away, it just isn't feasible nor is it reasonable to expect the school to call the father to come and get the child.  


wysiwyg

We have been down this route for many years - 10 to be exact.  At the point of elementary school we got the school districts attorney involved as we wanted copies of homework, tests, quizzes, things that go home with the child weekly etc.  This would be newsletters, extracurricular activities adn activities going on in the school like plays musicals etc.  Here is what we were told:

With respect to the things you have made under Indiana and Federal law, graded papers, copies of homework and similar information sent home with the child on a daily basis you should know that the school does not maintain these records nor is the school required to do so by law.  under the code referenced in your communuications (Ind Code and FERPA) access to education records are those documents that are kept and recorded by the public school concerning its students.  Homework and graded papers sent home with the child do not fall under this definition.

So be prepared for tihs to come back to you if this is the case.  

gemini3

Honestly it depends on what kind of custody you have.  If you have joint legal, they have no right to deny you access to the child's records.  If you don't have legal, they don't have to give it to you.  

This is my opinion only, and not legal advice, but I would write them a letter citing Texas Family Code Sec. 153.072, which states that a parent has access to school. medical, etc., unless barred by court order.  Include a copy of your custody agreement.  Put the information you are requesting in the letter, and request that copies of all information sent home with the child be sent to you.  Send a copy of this to the schools principle, and the president of the school board.  I think you'll find that they become much more cooperative.

We had to do this.  We don't live in TX, but it was the same issue.  We had a meeting with the guidance counselor, the principle, and the kids teachers, gave them a copy of the letter and the custody agreement, and we've had no problems since then.

That you cannot be a point of contact is BS.  You can.  Being an emergency contact might be impossible if you're not accessible in an emergency, but you should be a contact, and your husband should get copies of everything that goes home concerning his child.

gemini3

This is what the Texas law states:

Sec. 153.073. Rights of Parent at All Times.
(a) Unless limited by court order, a parent appointed as a conservator of a child has at all times the right:

(1) as specified by court order:
(A) to receive information from the other parent concerning the health, education, and welfare of the child; and
(B) to confer with the other parent to the extent possible before making a decision concerning the health, education, and welfare of the child;
(2) of access to medical, dental, psychological, and educational records of the child;
(3) to consult with a physician, dentist, or psychologist of the child;
(4) to consult with school officials concerning the child's welfare and educational status, including school activities;
(5) to attend school activities;
(6) to be designated on the child's records as a person to be notified in case of an emergency;
(7) to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child; and
(8) to manage the estate of the child to the extent the estate has been created by the parent or the parent's family.
(b) The court shall specify in the order the rights that a parent retains at all times.

ocean

You can get records/grades (report card grades). Anything that goes into the permanent folder. Your best bet, is to get a copy of her schedule on-line and get in contact with each teacher. Tell them you are involved and give them your e-mail/stack of envelopes. BUT at this age....most of it relies on the kids to come home and let you know what is going on.  The law is only for what goes into the perm record file though so if they want to play hard ball that is all you will get. Start with the teachers..... find out when conference day is at the beginning of the year and introduce yourselves....
Good luck!

mistoffolees

>You can get records/grades (report card grades). Anything
>that goes into the permanent folder. Your best bet, is to get
>a copy of her schedule on-line and get in contact with each
>teacher. Tell them you are involved and give them your
>e-mail/stack of envelopes. BUT at this age....most of it
>relies on the kids to come home and let you know what is going
>on.  The law is only for what goes into the perm record file
>though so if they want to play hard ball that is all you will
>get. Start with the teachers..... find out when conference day
>is at the beginning of the year and introduce yourselves....
>Good luck!

I'd go one step further. When you introduce yourself, hand the teacher a stack of stamped, addressed envelopes and ask them if they can send copies of progress reports and other items that will not be in the permanent file. Most teachers will be willing to do so if asked nicely.

wysiwyg

we have all this too in a court order - the problem is enforcing that.  A severe alienator will find a way around these orders.  We have had 3 judges, between the 2 of us, 9 attorney's, a custody evaluator, a GAL, and a mediator, when BM refused to abide the courts order for mediation they removed their own order for mediation!  

Access to records that means yoiu simply can go and see the records, but what is a record?  The definition of a record is directly related to a student that are maintained by the school.  So newsletters. flyers, tests and quizzes are not maintianed byt the school, however that grade of that test is.  You dsee where I am coming from?  

We also have the right to attend activities, and access to medical and dental etc, however try and get those records as the offices usually they do not want to be involoved and we have run into the excuse that "they are not a party directly named in the courts order" or no one tells you what doctor, dentist the child has been to to get thsoe records.  To be designated on the school records, heck we have done this too, found out the BF is not, BM held in contemp of the corts order and yet she did it again the next year...........  

Severe alienators will find a way to finagle any court order and make theselves believe they are in the right.  After 14 years of fighting the system adn 100K in attorneys fees we have nothing left to fight with.

awakenlynn

Hi, I read what everyone wrote.

Part of the problem is that originally this case came from IL and the IL law is that BOTH parents have equal access to the school UNLESS it is in the court order specifying otherwise.

There is nothing in our court order that states we cannot have records.  We want to be a point of contact so the things sent home we will get a copy of-memos, fundraisers, monthly calendars, things the school does keep a record of.  The school refuses to send home anything because they said "they are afraid that the mail will be intercepted and fall into the wrong hands".  I am going to use the letter in SPARC and try and get that excuse resolved.  

We found out the day school let out that the school changed their calendar, they moved up the 8th grade award ceremony and we weren't notified and school ended a day early.  Ex refuses to tell us these things.  She keeps communication with SD limited so alot of times we don't hear things until too late.

As to the emergency contact, we know that we won't be able to go pick SD up, but we will at least know there is a problem and be there for SD (sick or hurt-stuff ex won't tell us).

We live in IA, so we can't go to the school.  We do try and contact each teacher by email and by phone and most are good about staying in contact.  

Ex filed the current court order with TX, but how does the education stuff fall then.  The education stuff is written in the statutes, so it is implied and followed by the courts, and not written in the court order.  We will definately try to get that resolved when we go to court next.  Ex is court ordered to give us a school calendar.  Her response is to usually email us a link to it.

SD starts high school in the fall and they won't even send us a registration packet or information about the school.  They are very unfriendly to NCP's, so we are going to have to stay constantly in touch by mail, email and telephone and we will stay on top of them.

Thanks,
Lynn

mistoffolees

If the kids are in IL and IL statute requires that you get the information, then I would have an attorney write them a letter to remind them of the statute and ask them to keep you informed.

Send it to not only the school disctrict, but also the Superintendent of schools and the school attorney.

awakenlynn

Here is a question.  IL had jurisdiction until late fall 2006.  At that time, the SD and ex had been living in TX since 2002.  Does the schools have to follow the statutes in regards to TX or IL since the child was living in TX, but the orders came from IL.

Now that the foreign order has been registered in TX, does the implied portions such as education is in IL follow the IL order registered in TX?  There has never been a court case in TX yet, so does the TX statutes fall into play yet?

Thanks,
Lynn

mistoffolees

>Here is a question.  IL had jurisdiction until late fall
>2006.  At that time, the SD and ex had been living in TX since
>2002.  Does the schools have to follow the statutes in regards
>to TX or IL since the child was living in TX, but the orders
>came from IL.
>
>Now that the foreign order has been registered in TX, does the
>implied portions such as education is in IL follow the IL
>order registered in TX?  There has never been a court case in
>TX yet, so does the TX statutes fall into play yet?

IL has no ability to enforce its rules wrt school in Texas. Texas schools will follow the laws in Texas and will (rightly) thumb their noses at IL.

That doesn't really change anything. If you have joint legal custody, a letter from your attorney should get you copies of the information. If you don't have joint legal custody, then the school has no obligation to provide anything - although most schools will provide information like schedules if asked nicely. However, since the school schedule is probably on their web site, that's not particularly useful.

ocean

If the school is sending your the report cards then they are following the law. The law does not require them to give you the PTA letters, fundraisers...etc...
I would use the website as often as possible and for major events, call the school and ask if the end of the year days changed/concert times/ graduations/field days.....
Honestly, I hand out letters in their "mailbox" every day, sometimes 3 or more things go home a day. The PTA runs off enough for my class exactly and I send it home. It would be a nightmare for the office to send home the same thing to every divorced situation. If a parent tells me their is a situation, I will try to send 2 or send an e-mail but I am with them all day long. If I had 400 kids I see everyday...not sure how that would work....
I see it both ways but at the high school level the child really is in charge of what comes home or what they want to sign up for because they have to listen to the announcements or look at the posters on the walls.