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FERPA

Started by I cry_ in_the_dark, Jan 27, 2005, 03:08:07 PM

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I cry_ in_the_dark

Hi Soc  ;-)
I have on previous occasions provided my information to the school, ie, address, phone, etc. (This has not changed in 3 years.) I have spoken directly with the principal as well as mailed.

I have on several occasions, requested to be advised immediately of any disciplinary action taken regarding my son. More specifically, I have requested that I be advised IMMEDIATELY/ at the same time as dad of any discipline problems.(ie if dad receives a phone call, I also receive a phone call.)

I have provided the school with a copy of my court order in regards to my partial physical, joint legal custody.

Today I received in the mail a disciplinary action taken on my son on 1-21-05, which states that the school called Dad on 1-21-05. I received no such call, nor any attempt as I have caller ID. What really irritates me is that my son was in my custody on 1-21,22,23 as well as 26 of 05.

I am in the process of drafting a letter to the school. I have researched the FERPA laws on this site. I wish to include in this,

"Always inform the school where your child attends in writing (see below) that you want any and all paperwork, records or reports listed above sent to you just as they are sent to the custodial parent. Do you best to be pleasant and reasonable, yet firm with school officials you deal with. Make sure that they know that one of the school's qualifications for receiving federal funds is dependent upon compliance with 20 U.S.C. 1232g (FERPA) to receive federal funds.

The key part of FERPA is as follows:

(1)(A) No funds shall be made available under any applicable program to any educational agency or institution which has a policy of denying, or which effectively prevents, the parents of students who are or have been in attendance at a school of such agency or at such institution, as the case may be, the right to inspect and review the education records of their children. "   (as obtained from this site)


1. I want to be sure that I am within my rights to demand that I receive the same calls that dad does, as well as am I reasonable in using the above in my letter.

2. I'd appreciate anything that I should include in this letter.

Thanks Soc.

socrateaser

>1. I want to be sure that I am within my rights to demand that
>I receive the same calls that dad does, as well as am I
>reasonable in using the above in my letter.

FERPA does not REQUIRE schools to affirmatively act to inform parents of changes/additions, etc., in their child(ren)'s education records. They must send you a copy of the records as they exist when you make a request. Otherwise, they have no legal obligation to communicate with you.

Thus, the things that you, and most other people believe regarding FERPA are false. You read far too much into the law. If you want a copy of your kid's records, ask for it. If you need more info, then you will need to gain the school's cooperation, or obtain a court order instructing the other parent to always copy educational information to you as he/she receives it.


I cry_ in_the_dark

Well actually, I didn't want to read too much into the law.

That's why I asked  ;-)

Thanks Soc.

socrateaser

>Well actually, I didn't want to read too much into the law.
>
>That's why I asked  ;-)
>
>Thanks Soc.

Sometimes my lack of bedside manor runs wild. I wasn't trying to demean your post. I was trying to emphasize the fact that Federal laws are usually a mixture of inputs from many legislative angles, and the politics of getting the laws passed, frequently leaves them with some gaping loophole that is quickly exploited by those who wish to avoid the effect of the legislation.

As is the case with FERPA -- it's just a very weak law.