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Access To School and Medical Records: OHIO Through WYOMING and DC

Back to Index to School and Medical Records State Statutes


Ohio

Section 3109.051
(H)(1) Subject to division (F)(2) of section 2301.35 and division (F) of section 3319.321 of the Revised Code, a parent of a child who is not the residential parent of the child is entitled to access, under the same terms and conditions under which access is provided to the residential parent, to any record that is related to the child and to which the residential parent of the child legally is provided access, unless the court determines that it would not be in the best interest of the child for the parent who is not the residential parent to have access to the records under those same terms and conditions. If the court determines that the parent of a child who is not the residential parent should not have access to records related to the child under the same terms and conditions as provided for the residential parent, the court shall specify the terms and conditions under which the parent who is not the residential parent is to have access to those records, shall enter its written findings of facts and opinion in the journal, and shall issue an order containing the terms and conditions to both the residential parent and the parent of the child who is not the residential parent. The court shall include in every order issued pursuant to this division notice that any keeper of a record who knowingly fails to comply with the order or division (H) of this section is in contempt of court.

(2) Subject to division (F)(2) of section 2301.35 and division (F) of section 3319.321 of the Revised Code, subsequent to the issuance of an order under division (H)(1) of this section, the keeper of any record that is related to a particular child and to which the residential parent legally is provided access shall permit the parent of the child who is not the residential parent to have access to the record under the same terms and conditions under which access is provided to the residential parent, unless the residential parent has presented the keeper of the record with a copy of an order issued under division (H)(1) of this section that limits the terms and conditions under which the parent who is not the residential parent is to have access to records pertaining to the child and the order pertains to the record in question. If the residential parent presents the keeper of the record with a copy of that type of order, the keeper of the record shall permit the parent who is not the residential parent to have access to the record only in accordance with the most recent order that has been issued pursuant to division (H)(1) of this section and presented to the keeper by the residential parent or the parent who is not the residential parent. Any keeper of any record who knowingly fails to comply with division (H) of this section or with any order issued pursuant to division (H)(1) of this section is in contempt of court.

Oklahoma

§10-5.2. Certain information and records to be available to both custodial and noncustodial parent.

Any information or any record relating to a minor child which is available to the custodial parent of the child, upon request, shall also be provided the noncustodial parent of the child. Provided, however, that this right may be restricted by the court, upon application, if such action is deemed necessary in the best interests of the child. For the purpose of this section, information and record shall include, but not be limited to, information and records kept by the school, physician and medical facility of the minor child.

Oregon

107.154 Effect of order granting sole custody of minor child to one parent on authority of other parent.

Unless otherwise ordered by the court, an order of sole custody to one parent shall not deprive the other parent of the following authority:
(1) To inspect and receive school records and to consult with school staff concerning the child's welfare and education, to the same extent as the custodial parent may inspect and receive such records and consult with such staff;
(2) To inspect and receive governmental agency and law enforcement records concerning the child to the same extent as the custodial parent may inspect and receive such records;
(3) To consult with any person who may provide care or treatment for the child and to inspect and receive the child's medical, dental and psychological records, to the same extent as the custodial parent may consult with such person and inspect and receive such records;
(4) To authorize emergency medical, dental, psychological, psychiatric or other health care for the child if the custodial parent is, for practical purposes, unavailable; or
(5) To apply to be the child's conservator, guardian ad litem or both. [1987 c.795 s.3]

Pennsylvania

Department of Education BEC - Parental Access To Student Records

The one thing we don't like about this Circular is that is specifically tells the school to delay providing records to the non-custodial parent until the custodial parent is notified and has an opportunity to obtain a restraining order to prevent it. This can make things really slow and difficult for someone dealing with false allegations of abuse and impossible for someone trying to find his children after the other parent goes into hiding in violation of a court order.

SPECIAL CIRCUMSTANCES AFFECTING PARENTAL ACCESS
Federal regulations give both natural parents the right to access their child's education record unless there is a court order, state statute or legally binding document specifically prohibiting access. Absent a court order or similar decree to the contrary, a school district must comply with a parent's request and grant access within forty-five (45) days. If the child is a special education student, however, the school district must comply within thirty (30) days of the request. This thirty or forty-five day period is not designed to unnecessarily delay parental access, but rather to allow the school district time to make an informed decision regarding the request for access.

As part of the notice of a parent's right to access, the public school entity has the responsibility to inform all parents of provisions affecting parental access, and request verification of any court order denying either parent access to the records. It should be clearly stated to parents that it is the responsibility of the parent seeking to deny access to the records to provide the school district with a copy of the court order or other document that limits or controls access to student records. Because the burden is on the parent wishing to deny access, in the absence of an order or other document, the public school entity must presume that a requesting natural parent has the authority to inspect and review the child's education record. Conversely, if there is a court order barring access by the non-custodial parent, then the public school entity may neither confirm nor deny that the child is enrolled in the district and it must advise the parent that no information will be released until the order terminates.

According to the regulations, public school entities may require parents to put in writing their request to inspect, review or copy their child's education records. In cases where the request for access to records is made by a non-custodial parent, the public school entity has the responsibility to verify the person's identity and notify the custodial parent of the request. If a parent seeking to deny access does not respond to the school's request for information within the thirty or forty-five day time-frame, the school must grant the request.

ACCESS RECORD
Both federal state law require public school entities to maintain a list of all persons who have requested or obtained access to personally identifiable information contained in the student's education record or the student's special education records. The list must include the name of the party making the request and the basis upon which the party claims the right to access the information. In the case of special education records, the list must also include the date access was given. The list must be made available to the student's parents upon request.

DOMESTIC VIOLENCE
The Pennsylvania Department of Education has received specific requests for guidance regarding access to student education records and enrollment data in cases of domestic violence. While these tragic situations are not addressed separately, school districts should carefully consider application of the above-noted statutory and regulatory requirements in these cases. As a reminder, a request for student record information, including the child's enrollment information or home address, need not be complied with immediately, but can be delayed until the custodial parent has been notified of the request and has had the opportunity to acquire or produce a court order restricting access. This delay cannot exceed forty-five days (or thirty days when the child is a special education student), and should only occur if necessary to assure an informed decision regarding access to the student's education record.

In cases where domestic violence or other family conflicts are suspected, public school entities are strongly encouraged to verify the requester's identity and address. A public school entity should never give student enrollment or record information over the phone.
Finally, in all cases involving family conflict, public school entities should do everything possible to ensure that the rights of all family members, parents and children alike, are protected. Public school entities are encouraged to seek advice of their solicitor related to specific cases which fall under the scope of special circumstances outlined above.

The above BEC references 22 PA Code 12..31-33 on access to records (see sections 4.0 to 4.9 of Exhibit A in § 12.33)

All of the following sections can be found under Title 55 Public Welfare.

Part V. Children, Youth, and Families Manual

Subpart C. Anministration and Fiscal Management
Article II. County Administered Services

§ 3130.44. Confidentiality of family case records.
(a) Information that may be used to identify the child or the parents by name or address, and information contained in the case record, is confidential. A staff person may not disclose or make use of information concerning the child or the parents other than in the course of the performance of his duties.
(b) Federal authorities, the Commonwealth and the Department or respective authorized agents officially charged with administrative supervision, review, evaluation or audit responsibilities may have access to and the right to use information identifying applicants for and recipients of children and youth services. The information shall be necessary to carry out the mandated functions of the agency and may not be protected by a specific law, such as 23 Pa.C.S. § § 63016384 (relating to the Child Protective Services Law).
(c) Members of the administrative review panels, volunteers, another county agency and other providers of services to children and families who are accepted for service by the county agency may have access to and the right to use information identifying recipients of children and youth services. The amount and type of information to be released shall be determined by the county agency and shall be limited to information needed by the service provider to carry out its responsibilities. The decision to release information shall be based on the county agency's assessment of the individual case record and the responsibilities of a service provider. Information released may include part or all of the case record.
(d) Information contained in case records shall be released upon request to:

(1) Parents and legal guardians.
(2) Children's and parents' attorneys.
(3) The court and court staff.
(4) County executive officers.
(5) The child, if 14 years of age or older. The county agency may withhold information from a child which it has reason to believe it will be harmful to the child. The basis for withholding information from a child shall be recorded in the child's case record.

(e) Information in case records may not be released to a person or agency other than those specified in subsections (b)(d) without prior authorization of the court.
(f) Information from a case record may be made available only if the information released does not contain material which violates the right to privacy of another individual or is protected or made confidential by law. This may not be construed to protect the right to privacy of a county agency employe.
(g) Except as limited by subsection (h), the county agency may use or authorize the use of information contained in the case records for teaching or research, if the teaching or research does not include names or other information which may directly or indirectly identify persons involved in the case. The county agency administrator shall approve or disapprove, in writing, requests from persons not employed by the county agency who wish to use agency case records for teaching or research purposes.
(h) To the extent that information contained in the family case record is protected by 23 Pa.C.S. Part III (relating to the Adoption Act), 23 Pa.C.S. § § 63016384 (relating to the Child Protective Services Law) and Chapter 3490 (relating to protective services), access to and release of information shall be under the statutes and regulations.

Subpart D. Nonresidential Agencies, Facilities and Services
Article I. Licensing/Approval

§ 3270. Child Day Care Centers
§ 3270.23. Parent access and participation.
A parent of a child in care shall be permitted free access, without prior notice, throughout the center whenever children are in care, unless a court of competent jurisdiction has limited the parental right of access to the child and a copy of the order is on file at the facility. Opportunity shall be provided for parents to participate in the facility's program. The operator shall maintain a yearly file which documents general announcements to promote parent participation. The file shall be updated annually.
§ 3270.184. Release of information.
(a) The parent shall have access to the child's complete child day care record.
(b) Except as provided in § 3270.183(b) (relating to confidentiality of records), release or dissemination of information in a child's record may be made by the operator and only with written parental consent. When file material is released, the person who authorized the release shall record the following information in the child's file:

(1) The name and position of the individual to whom the information was released.
(2) The date the information was released.
(3) The portions of the record that were released.
(4) The purpose of the release.
(5) The signature of the person who authorized the release.

§ 3280. Group Child Day Care Homes
§ 3280.22. Parent access and participation.
A parent of a child in care shall be permitted free access, without prior notice, throughout the child care spaces whenever children are in care, unless a court of competent jurisdiction has limited the parent right of access to the child and a copy of the order is on file at the facility. Opportunity shall be provided for parents to participate in the facility's program. The operator shall maintain a yearly file which documents general announcements to promote parent participation. The file shall be updated annually.

§ 3280.184. Release of information.
(a) The parent shall have access to the child's complete child day care record.
§ 3290. Family Child Day Care Homes
§ 3290.20. Parent access and participation.
A parent of a child in care shall be permitted free access, without prior notice, throughout the child care space whenever children are in care, unless a court of competent jurisdiction has limited the parental right of access to the child and a copy of the order is on file at the facility. Opportunities shall be provided for parents to participate in the facility's program.
§ 3290.184. Release of information.
(a) The parent shall have access to the child's complete child day care record.

Subpart E. Residential Agencies, Facilities and Services
Article I. Licensing/Approval
§ 3680. Administration and Operation of a Children and Youth Social Service Agency
§ 3680.35. Release of information in client records.
(a) The legal entity shall establish, and ensure adherence to, written policies and procedures regarding the release of information contained in client records.
(b) The policies and procedures shall include, at a minimum, the following provisions:
(1) Information contained in a client record. The information shall be disclosed, upon request, to:

(i) A child's parents or guardian.
(ii) A child's or parent's attorney.
(iii) A court and court servicesprobationstaff or county agency staff.
(iv) Authorized agents of the Department.
(v) The child, if 14 years of age or older. The agency may withhold from a child information which it has good reason to believe will be harmful to the child. The basis for withholding information from a child shall be recorded in the child's case record.

(2) A requirement that the placing agency concurrence shall be obtained prior to withholding information from a child who requests information from his record.
(3) A stipulation that information contained in the client record may be released to volunteers and other providers of services. The amount and type of information to be released shall be determined by the legal entity and shall be limited to information needed by the service provider to carry out its responsibilities. The decision to release information shall be based on the legal entity's assessment of the individual case record and the responsibilities of a service provider. Information released may include part or all of the case record.
(4) A stipulation that information from the client record may not be released to a person or agency other than those specified in paragraphs (1) and (3) without prior authorization of the court.
(5) A stipulation that information from a record may be made available only when the information being released does not contain material which violates the right to privacy of another individual or is protected or made confidential by law, or both. This may not be construed to protect the right to privacy of a staff person employed by the agency.
(6) A stipulation that to the extent that information contained in the client record is protected by 23 Pa.C.S. Part III (relating to the Adoption Act), 23 Pa.C.S. § § 63016384 (relating to the Child Protective Services Law) and Chapter 3490 (relating to protective services), and that access to and release of information shall be in accordance with the statutes and this title.
§ 3800. Child Residential and Day Treatment Facilities

§ 3800.20. Confidentiality of records.
(a) The facility shall comply with the following statutes and regulations relating to confidentiality of records, to the extent applicable:
(1) 23 Pa.C.S. § § 63016385 (relating to the Child Protective Service Law).
(2) 23 Pa.C.S. § § 21012910 (relating to Adoption Act).
(3) The Mental Health Procedures Act (50 P. S. § § 71017503).
(4) Section 602(d) of the Mental Health and Mental Retardation Act (50 P. S. § 4602(d)).
(5) The Confidentiality of HIV-Related Information Act (35 P. S. § § 76017612).
(6) Sections 5100.315100.39 (relating to confidentiality of mental health records).
(7) Sections 3490.913490.95 (relating to confidentiality).
(8) Other applicable statutes and regulations.
(b) The following confidentiality requirements apply unless in conflict with the requirements of applicable statutes and regulations specified in subsection (a):
(1) A child's record, information concerning a child or family, and information that may identify a child or family by name or address, is confidential and may not be disclosed or used other than in the course of official facility duties.
(2) Information specified in paragraph (1) shall be released upon request only to the child's parent, the child's guardian or custodian, if applicable, the child's and parent's attorney, the court and court services, including probation staff, county government agencies, authorized agents of the Department and to the child if the child is 14 years of age or older. Information may be withheld from a child if the information may be harmful to the child. Documentation of the harm to be prevented by withholding of information shall be kept in the child's record.

Part VI. Mental Health/Mental Retardation Manual
Subpart C. Administration and Fiscal Management
§ 4225. Procedural Safeguards for Children in Early Intervention Services
§ 4225.26. Parent access rights.
(a) Each agency shall permit the parents to inspect and review any educational/developmental records relating to their child which the agency develops, maintains, or uses as defined in § 4225.4 (relating to definitions). Certain medical, therapeutic, and social service records may have to be acquired by parents directly from the professionals who provided the service in order for the agency to maintain its own confidentiality.
(b) The right to inspect and review records includes:

(1) The right to a response from the participating agency to requests for explanations and interpretations of the records.
(2) The right to request that the agency provide copies of the records containing the information.
(3) The right to have a representative of the parent inspect and review the records.

§ 4225.35. Record access.
The agency shall keep a record of parties obtaining access to educational or developmental records developed, maintained or used by the agency, except access by parents and those authorized under § 4225.22 (relating to authorized access), including the name of the party, the date access was given, and the purpose for which the party is authorized to use the records.

Rhode Island

§ 16-71-3
Educational records review rights.  (a) The parent, legal guardian, or eligible student, shall have the following enumerated rights:

(1) The right to personally inspect and review records in existence at the time of the request that are required to be kept by law or regulation of the student within ten (10) days of the request. The request shall be made to the school's principal or designated appropriate authority;
(2) The right to a reasonable explanation and interpretation of the records;
(3) The right to copies of the records. The cost per copied page of written records shall not exceed fifteen cents ($.15) per page for records copyable on common business or legal size paper. No fee will be assessed to search for or to retrieve the records;
(4) The right to have the records preserved as long as a request to inspect is outstanding;
(Additional paragraphs not included here).
§ 16-77-11 makes this applicable to charter schools also.

Chapter 5-37.3 allows foster parent to view medical records, but never mentions biological parents.

South Carolina

SC CODE OF LAWS, SECTION 20-7-100.
Rights and duties of parents in regard to their minor children.

The mother and father are the joint natural guardians of their minor children and are equally charged with the welfare and education of their minor children and the care and management of the estates of their minor children; and the mother and father have equal power, rights, and duties, and neither parent has any right paramount to the right of the other concerning the custody of the minor or the control of the services or the earnings of the minor or any other matter affecting the minor. Each parent, whether the custodial or noncustodial parent of the child, has equal access and the same right to obtain all educational records and medical records of their minor children and the right to participate in their children's school activities unless prohibited by order of the court. Neither parent shall forcibly take a child from the guardianship of the parent legally entitled to custody of the child.

South Dakota

25-5-7.3. Denial of access to certain records and information pertaining to minor child prohibited.

Notwithstanding any other provision of law, access to records and information pertaining to a minor child, including, but not limited to, medical, including counseling, dental, including orthodontia, optometric and similar health care, and school records, may not be denied to a parent because such parent is not the child's primary residential parent.

Tennessee

36-6-103. Child's medical records.

(a) (1) A copy of a child's medical records shall be furnished by the treating physician or treating hospital upon a written request by any of the following:

(A) The noncustodial parent;
(B) In the case of parents having joint custody of a child, the parent with whom the child is not residing; or
(C) In the case of a child in the custody of a legal guardian, then either parent.
(2) Such request must contain the current address of the requesting party.
(3) Upon receiving such a request, the treating physician or hospital shall send a copy of the medical records to the requesting party unless furnished with a court order closing the records.
(4) All expenses for records shall be paid by the requesting party.
(b) Any judge having jurisdiction over the custody of such child may close the medical records of the child to the requesting parent upon a showing that the best interests of the child will be harmed if the records are released.

36-6-104. Copy of child's report card - Furnishing to noncustodial or nonresident parents.

(a) Any parent who does not have custody of a child, or in the case of parents having joint custody of a child, the parent not residing with the child, or in the case of a child in the custody of a legal guardian, both parents, may request in writing that a copy of the child's report card, notice of school attendance, names of teachers, class schedules, standardized test scores and any other records customarily available to parents be furnished directly to such noncustodial or nonresident parent, and such request shall be accompanied by the parent's or parents' current mailing address, and the local education agency shall send a copy of the report card, notice of school attendance, names of teachers, class schedules, standardized test scores and any other records customarily available to parents to such address.

(b) Any judge having jurisdiction over the custody of such a child may upon a showing of good cause deny any information concerning the residence of the child to the noncustodial or nonresident parent.

Texas

Texas Family Code Sec. 153.072. Written Finding Required to Limit Parental Rights and Duties.
The court may limit the rights and duties of a parent appointed as a conservator if the court makes a written finding that the limitation is in the best interest of the child.
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.

Utah

53A-3-402.1. Access to student records by custodial and noncustodial parents.
(1) Except as provided in Subsection (2), a public school shall allow a custodial parent and a noncustodial parent of a child the same access to their child's education records.
(2) A school may not allow a noncustodial parent access to the child's education records if:
(a) a court has issued an order that limits the noncustodial parent's access to the child's education records; and
(b) the school has received a copy of the court order or has actual knowledge of the court order.


30-3-33.
Advisory guidelines.
In addition to the visitation schedules provided in Section 30-3-35 and Section 30-3-35.5, advisory guidelines are suggested to govern all visitation arrangements between parents. These advisory guidelines include:
(1) visitation schedules mutually agreed upon by both parents are preferable to a court-imposed solution;
(2) the visitation schedule shall be utilized to maximize the continuity and stability of the child's life;
(3) special consideration shall be given by each parent to make the child available to attend family functions including funerals, weddings, family reunions, religious holidays, important ceremonies, and other significant events in the life of the child or in the life of either parent which may inadvertently conflict with the visitation schedule;
(4) the noncustodial parent shall pick up the child at the times specified and return the child at the times specified, and the child's regular school hours shall not be interrupted;
(5) the custodial parent shall have the child ready for visitation at the time he is to be picked up and shall be present at the custodial home or shall make reasonable alternate arrangements to receive the child at the time he is returned;
(6) the court may make alterations in the visitation schedule to reasonably accommodate the work schedule of both parents and may increase the visitation allowed to the noncustodial parent but shall not diminish the standardized visitation provided in Section 30-3-35 and Section 30-3-35.5;
(7) the court may make alterations in the visitation schedule to reasonably accommodate the distance between the parties and the expense of exercising visitation;
(8) neither visitation nor child support is to be withheld due to either parent's failure to comply with a court-ordered visitation schedule;
(9) the custodial parent shall notify the noncustodial parent within 24 hours of receiving notice of all significant school, social, sports, and community functions in which the child is participating or being honored, and the noncustodial parent shall be entitled to attend and participate fully;
(10) the noncustodial parent shall have access directly to all school reports including preschool and daycare reports and medical records and shall be notified immediately by the custodial parent in the event of a medical emergency;
(11) each parent shall provide the other with his current address and telephone number within 24 hours of any change;
(12) each parent shall permit and encourage liberal telephone contact during reasonable hours and uncensored mail privileges with the child;
(13) parental care shall be presumed to be better care for the child than surrogate care and the court shall encourage the parties to cooperate in allowing the noncustodial parent, if willing and able, to provide child care;
(14) each parent shall provide all surrogate care providers with the name, current address, and telephone number of the other parent and shall provide the noncustodial parent with the name, current address, and telephone number of all surrogate care providers unless the court for good cause orders otherwise; and
(15) each parent shall be entitled to an equal division of major religious holidays celebrated by the parents, and the parent who celebrates a religious holiday that the other parent does not celebrate shall have the right to be together with the child on the religious holiday.

Utah Code Section 30-3-10.9

(5) ...Regardless of the allocation of decision-making in the parenting plan, either parent may make emergency decisions affecting the health or safety of the child.
(6) Each parent may make decisions regarding the day-to-day care and control of the child while the child is residing with that parent.

CONFIDENTIALITY AND STUDENT RECORDS

Rights of Noncustodial Parents
In the case of divorce or separation, a school district must provide access to education records to both custodial and noncustodial parents, unless there is a legal binding document that specifically removes that parent from FERPA rights (statement from FERPA office).

Exempt from Record of Access (Log)
The following persons are not required to have their request for access to personally identifiable information recorded: parent of a student or eligible student, ...persons having written consent of a parent, and persons acquiring directory information (FERPA, Reg. 99.32).

Fees for Copies of Education Records
A fee may be charged for copies if that fee does not prevent the parents and eligible students from exercising their rights to inspect and review the records (FERPA, Reg. 99.8). A copy of the IEP, however, must be provided at no cost to parents.


Vermont

TITLE 15: Domestic Relations
CHAPTER 011: ANNULMENT AND DIVORCE
Subchapter III-A. Child Custody and Support
§ 670.
Access to records
Access to records and information pertaining to a minor child, including but not limited to medical, dental, law enforcement and school records shall not be denied to a parent solely because that parent has not been awarded parental rights and responsibilities. The court may order that access to all or a portion of the records or information shall be denied if access is not in the best interest of the child or if access may cause detriment to the other parent including but not limited to abuse.

Virginia

§ 20-124.6. Access to child's records. Notwithstanding any other provision of law, neither parent, regardless of whether such parent has custody, shall be denied access to the academic, medical, hospital or other health records of that parent's minor child unless otherwise ordered by the court for good cause shown.

VA Code on Non-Custodial Parents' Access to Schools. The In person requirement of § 22.1-287 could be a hassle for non-custodial parents not living close by:

§ 22.1-279.5 Participation in certain school activities by noncustodial parent

Unless a court order has been issued to the contrary, the noncustodial parent of a student enrolled in a public school or day care center shall not be denied the opportunity to participate in any of the student's school or day care activities in which such participation is supported or encouraged by the policies of the school or day care center solely on the basis of such noncustodial status. For the purposes of this section, school or day care activities shall include, but shall not be limited to, lunch breaks, special in-school programs, parent-teacher conferences and meetings, and extracurricular activities. It is the responsibility of the custodial parent to provide the court order to the school or day care center.

§ 22.1-287 Limitations on access to records


A. No teacher, principal or employee of any public school nor any school board member shall permit access to any records concerning any particular pupil enrolled in the school in any class to any person except under judicial process unless the person is one of the following:


  1. Either parent of such pupil or such pupil; provided that a school board may require that such pupil, if he be less than eighteen years of age, as a condition precedent to access to such records, furnish written consent of his or her parent for such access;
  2. A person designated in writing by such pupil if the pupil is eighteen years of age or older or by either parent of such pupil if the pupil is less than eighteen years of age;


(Unrelated sections deleted)
B. A parent or pupil entitled to see the records pursuant to subdivision A 1 of this section shall have access to all records relating to such pupil maintained by the school except as otherwise provided by law and need only appear in person during regular hours of the school day and request to see such records. No material concerning such pupil shall be edited or withheld except as otherwise provided by law, and the parent or pupil shall be entitled to read such material personally.
C. The restrictions imposed by this section shall not apply to the giving of information by school personnel concerning participation in athletics and other school activities, the winning of scholastic or other honors and awards, and other like information. (more unrelated material deleted)


Washington


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.



RCW 28A.605.030
Student education records -- Parental review -- Release of records -- Procedure.

The parent or guardian of a student who is or has been in attendance at a school has the right to review all education records of the student. A school may not release the education records of a student without the written consent of the student's parent or guardian, except as authorized by RCW 28A.600.475 and the family educational and privacy rights act of 1974, 20 U.S.C. Sec. 1232g.

The board of directors of each school district shall establish a procedure for:

(1) Granting the request by a parent or guardian for access to the education records of his or her child; and
(2) Prohibiting the release of student information without the written consent of the student's parent or guardian, after the parent or guardian has been informed what information is being requested, who is requesting the information and why, and what will be done with the information.

The procedure adopted by the school district must be in compliance with the family educational and privacy rights act of 1974, 20 U.S.C. Sec. 1232g.

[Note: The school district, if they are only aware of this statute, may try to tell you that they have to contact the other parent and get permission before granting you access to the records. Make sure that you point out that RCW 26.09.225 above provides you with exactly the same access as the other parent, and that you do not need the other parent's permission, nor do they even have to notify the other parent that you have accessed the record. You might even imply that doing so (notifying the other parent that you accessed the records) could be considered an invasion of your privacy and an attempt to deter your access. Unless they have a court order saying otherwise IN HAND, they have to give you equal access.]

RCW 26.44.120
Information about rights -- Notice to noncustodial parent.
Whenever the child protective services worker is required to notify parents and children of their basic rights and other specific information as set forth in RCW 26.44.105 through 26.44.115, the child protective services worker shall also make a reasonable effort to notify the noncustodial parent of the same information in a timely manner.


West Virginia

§48-11-601. Access to a child's records.
(a)(1) Each parent has full and equal access to a child's educational records absent a court order to the contrary. Neither parent may veto the access requested by the other parent. Educational records are academic, attendance and disciplinary records of public and private schools in all grades kindergarten through twelve and any form of alternative school. Educational records are any and all school records concerning the child that would otherwise be properly released to the primary custodial parent, including, but not limited to, report cards and progress reports, attendance records, disciplinary reports, results of the child's performance on standardized tests and statewide tests and information on the performance of the school that the child attends on standardized statewide tests; curriculum materials of the class or classes in which the child is enrolled; names of the appropriate school personnel to contact if problems arise with the child; information concerning the academic performance standards, proficiencies, or skills the child is expected to accomplish; school rules, attendance policies, dress codes and procedures for visiting the school; and information about any psychological testing the school does involving the child.
(2) In addition to the right to receive school records, the nonresidential parent has the right to participate as a member of a parent advisory committee or any other organization comprised of parents of children at the school that the child attends.
(3) The nonresidential parent or noncustodial parent has the right to question anything in the child's record that the parent feels is inaccurate or misleading or is an invasion of privacy and to receive a response from the school.
(4) Each parent has a right to arrange appointments for parent-teacher conferences absent a court order to the contrary. Neither parent can be compelled against their will to exercise this right by attending conferences jointly with the other parent.
(b)(1) Each parent has full and equal access to a child's medical records absent a court order to the contrary. Neither parent may veto the access requested by the other parent. If necessary, either parent is required to authorize medical providers to release to the other parent copies of any and all information concerning medical care provided to the child which would otherwise be properly released to either parent.
(2) If the child is in the actual physical custody of one parent, that parent is required to promptly inform the other parent of any illness of the child which requires medical attention.
(3) Each parent is required to consult with the other parent prior to any elective surgery being performed on the child, and in the event emergency medical procedures are undertaken for the child which require the parental consent of either parent, if time permits, the other parent shall be consulted, or if time does not permit such consultation, the other parent shall be promptly informed of the emergency medical procedures: Provided, That nothing contained herein alters or amends the law of this state as it otherwise pertains to physicians or health care facilities obtaining parental consent prior to providing medical care or performing medical procedures.
(c) Each parent has full and equal access to a child's juvenile court records, process and pleadings, absent a court order to the contrary. Neither parent may veto any access requested by the other parent. Juvenile court records are limited to those records which are normally available to a parent of a child who is a subject of the juvenile justice system.

Wisconsin

Wisconsin Statutes:

767.24(2)(c)
(c) The court may not give sole legal custody to a parent who refuses to cooperate with the other parent if the court finds that the refusal to cooperate is unreasonable.

(The above does not really go with the topic of this paper, but we had to include it. We want everyone to know about this!)

767.24(7)
(7) Access to records.
767.24(7)(a)
(a) Except under par. (b) or unless otherwise ordered by the court, access to a child's medical, dental and school records is available to a parent regardless of whether the parent has legal custody of the child.
767.24(7)(b)
(b) A parent who has been denied periods of physical placement with a child under this section is subject to s. 118.125 (2) (m) with respect to that child's school records, s. 51.30 (5) (bm) with respect to the child's court or treatment records, s. 55.07 with respect to the child's records relating to protective services and s. 146.835 with respect to the child's patient health care records.

118.125(2)(m)
(m) A parent who has been denied periods of physical placement with a child under s. 767.24 (4) does not have the rights of a parent or guardian under pars. (a) to (j) with respect to that child's pupil records.

51.30(5)(bm)
(bm) Parents denied physical placement. A parent who has been denied periods of physical placement with a child under s. 767.24 (4) (b) or 767.325 (4) may not have the rights of a parent or guardian under pars. (a) and (b) with respect to access to that child's court or treatment records.

55.07(2)
(2) A parent who has been denied periods of physical placement under s. 767.24 (4) (b) or 767.325 (4) may not have the rights of a parent or guardian with respect to access to a child's records under this chapter.

146.835 Parents denied physical placement rights. A parent who has been denied periods of physical placement under s. 767.24 (4) (b) or 767.325 (4) may not have the rights of a parent or guardian under this chapter with respect to access to that child's patient health care records under s. 146.82 or 146.83.

Wyoming

20-2-113. Disposition and maintenance of children in decree; modification; access to records; payment to court clerk; continuing jurisdiction to modify decree; notice.

(f) Unless otherwise ordered by the court, the noncustodial parent shall have the same right of access as the parent awarded custody to any records relating to the child of the parties, including school records, activities, teachers and teachers' conferences as well as medical and dental treatment providers and records.

Washington D. C.

2401.8, Each student and the student's parents or authorized representatives have the right to inspect and review the official records of the school system that relate directly to the individual student, as provided in §2601. A student or the student's parent or guardian shall be notified if adverse comments are placed in his or her official records.

The above came from the Student Rights and Responsibilites page on the DC Public Schools website and is Excerpted from Title 5, DCMR, Chapter 24. The DCMR is not avialable on-line, but can be viewed at any DC law library (generally adjacent to or in the courthouse) or can be ordered from (UNOFFICIAL)
DISTRICT OF COLUMBIA OFFICE OF DOCUMENTS AND ADMINISTRATIVE ISSUANCES
. At the time of this writing, A full copy of Title 5 is listed as $20. According to §2401.4, your local school should have a copy in the library or office that you can look at also (required by law).

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