I sent the "FERPA" letter to my son's school and got a response back. I had asked for a copy of the records, to be placed on the enrollment forms as the father, to be allowed to participate in the classroom and parent/teach conferences, and to ensure that only his legal name is used.
The response included a copy of the records and it stated that I would receive progress reports and be notified if he is transferred. It went on the state that the rest of what I was asking for is not required by FERPA and I should deal with it in family court.
What a pain! I guess they don't care if a child's father is involved...
Hi,
It has been my experience with both a preschool director and an elementary school principal that they wanted copies of relevant court orders (or other laws like FERPA, in your case), so that they can follow ONLY what the law or the court says, rather than what either parent wants.
You're putting the school in the middle to do something that mother doesn't want to do, and it's a tough spot for the school. It sounds like they're saying that they'll follow what the family law judge says.
If it's important enough to you, then you gotta take that road.
In my own case, I've greatly appreciated such strictness. My ex has frequently tried to "take over" the education stuff, and has even told the preschool director that it was illegal for me to be there for activities.
The preschool director stuck to her guns, advising my ex that the preschool will adhere to court orders, and not opinions or demands made by either parent. By the end of the second year, the preschool had gotten frustrated enough with my ex's inability to share with me that they sent copies of everything to my home, expecting that I'd never otherwise hear about it.
I've read some posts where the school even ignores a FERPA request, so it doesn't sound AS BAD for you.
Just look at it long-term. Eventually the school will realize what mom is all about, and teachers may be more welcoming to your contact.
I'd suggest writing a very nice, sincere thank-you note for what they sent you, expressing your appreciation for remaining informed about son's education. Butter them up for an ever-improving relationship with you.
Good luck.
We had this same situation with BM not putting BF name on the school enrollment forms, in court BM was asked if Mrs. XYZ was the childs father and BM said no, then our attorney asked her why Mrs XYZ was on the records and BM said "because it does not say FATHER" our attroney pointed to the records and said it does say Parent/guardian and is this person a parent guardian? Answer no. The judge found her in contempt. BM did it again the next year - this is still pending!
On a side note, why not take the Birth Cert. in and say look I am the father and I want my name listed on the records where it says father, if that does not do it, find out who the schools attorney is adn go there, send a letter ot the school attorney and ask why as the father of Child John Doe why the school refusess to list you as the BM of your child? Make sure you get it all in writing.
On a side note, how can they legally provide you material that is only meant for parents if they are not recognizing you as a parent? Isn't personal information confidential? If so then if you should question their regulations about such.
Hope this helps.
Well the problem is that the school is not following FERPA which does allow for a request to update registration information and have access to the records that I have asked for.
I had to use the FERPA letter to get info about my child. It is clear that only pard of the records were sent. One page had old contact info for BM and info for father was blank. I wrote back about that with updated info and telling them to add mine. The school responded saying that they already had current info on file. (Well then, I only revieved part of the record.) The response about copies of permission slips was answered with, "only the custodial parent is needed to give permission." HELLO, i was asking for records!!! I think they sent only about half of the file.
I used FERPA and state statute for medical records, one hospital said my child has never been there (false), another has not answered (2 months), one sent two copies of the same large file and billed for both.
It's hard to be the only one expected to live by the law, isn't it!
What state are you in, as i have had to use the FERPA law in my situation and most states have similar laws in effect. If you can tell me your state, I will try to find it. As it worked for me, I was even given the teachers email addresses, so I can check in on daughter often, as she is across country.
Washington State
here you go..and theres more on this site.. put in search: access to school and medical records washington state...
When I had problems with school (as bm didnt even put me on records as dad.. she put her boyfriend,) I wrote a letter stating that I am >>> father, and that I would like to receive copies of all of my daughters records, progress reports and report cards as they become available throughout the year, I stated that I have am aware of the state statutes and FERPA and have been advised that what I am requesting is within my rights as >>> legal parent. I pasted the statute & FERPA on the letter
and said here is for your reference.
I faxed this to the school office and followed up via email, I received all records within 2 days.. via fax in which I seen I was not listed as father, I then in turn sent letter to school that they were to take bm boyfriend off of all records and he is to be listed as emergency contact only. I also offered to fax the school a copy of childs birth certificate to prove who I was.
HOpe this helps.... email me if you need more help
RCW 26.09.225
Access to child's education and health care records.
(1) Each parent shall have full and equal access to the education and health care records of the child absent a court order to the contrary. Neither parent may veto the access requested by the other parent.
(2) Educational records are limited to academic, attendance, and disciplinary records of public and private schools in all grades kindergarten through twelve and any form of alternative school for all periods for which child support is paid or the child is the dependent in fact of the parent requesting access to the records.
(3) Educational records of postsecondary educational institutions are limited to enrollment and academic records necessary to determine, establish, or continue support ordered pursuant to RCW 26.19.090.
[1991 sp.s. c 28 § 3; 1990 1st ex.s. c 2 § 18; 1987 c 460 § 17.]
NOTES:
Severability -- Effective date -- Captions not law -- 1991 sp.s. c 28: See notes following RCW 26.09.100.
Effective dates -- Severability -- 1990 1st ex.s. c 2: See notes following RCW 26.09.100.
Child is in Whatcom Co. We had trouble at first, but because DH made the effort to make friends with the secretary of SS's school each time he changed schools and DH sent a copy of the court order (actually first, last and pertinent pages -- no limiting factors, joint legal, etc.) the school has bent over backwards. They even send copies of the nurse's medication log (we asked for it) finding SS was at school a day he supposedly had chicken pox and couldn't visit with his father. Hmmmm.
Dh calls once a month or so to have a quick call with Ss's home room teacher, and Dh is sent updates in the mail when Ss begins to get behind or fails to turn in 5 or more homeworks. Dh has some email addresses and he contacts Ss's teachers that way.
Dh recently chaperoned SS for an extra curricular activity (Part of SS's probation requirements) making the 5.5 hour round trip and staying to watch the basketball game SS was part of the band. The school sees how involved DH is, in spite of the difficulties of distance. If it were not for Dh , I believe BM would have let SS drop out of school already.
It took an in face meeting for elementary school and persistence on the phone for Jr High and High school. For HS, Dh had called and talked to them about 10 times before he went in early to pick SS up from school and met with whomever was available, including the principal, home room teacher, school counselor, and 2 of Ss's other teachers. They put a name with a face and saw that DH was just a caring gentle father willing to do what it took to give his child a fighting chance in a bad situation.
:)
Becoming social (so to speak) with the secretary it great. At one of my ss's school the secretary was the best. My dh wrote a letter giving his persmission for her to speak with me about his children, Once a month I would call her BS and she would send me the monthly attendence, report cards etc. She knew me by voice and was the sweetest person.
We also gave her copies of the court order where it states EACH Parent has the right to have equal acces to records etc.
I would call the sec, send a copy of the parenting plan. Call her a few days later to make sure she received it and ask her for a registration contact form for your child to fill out as well. My dh has joint legal and he did this and they had two forms, one on file that mom filled out and one dad filled out.
**These are my opinions, they are not legal advice**
Becoming social (so to speak) with the secretary it great. At one of my ss's school the secretary was the best. My dh wrote a letter giving his persmission for her to speak with me about his children, Once a month I would call her BS and she would send me the monthly attendence, report cards etc. She knew me by voice and was the sweetest person.
We also gave her copies of the court order where it states EACH Parent has the right to have equal acces to records etc.
I would call the sec, send a copy of the parenting plan. Call her a few days later to make sure she received it and ask her for a registration contact form for your child to fill out as well. My dh has joint legal and he did this and they had two forms, one on file that mom filled out and one dad filled out.
**These are my opinions, they are not legal advice**