Quick FERPA question...

[smtotwo]

We requested copies of EVERYTHING that is in the skids files at school.

Does teh school have to include correspondence between the ex and principal , such as letters claiming DH and I are violent, or copy of restraining order against me, or are there things that can be excluded?

Restraining order was dismissed becasue ex lied and there was even a GAL report, but these were never given to the school.

All the school knows is what she tells them and we're trying to counter that.

[msme]

a visit to the school. Make an appointment with the counselor & the principal. Dress nicely & bring along everything pertaining to the RO & anything else that will counter the picture she has painted.

Control your urge to bash her & simply state that you want to be sure that the file contains ALL pertinent facts. Speak of your interest in keeping up with the childrens progress & desire to help in any way possible.

Ask to examine the file & counter anything negative with your proof. Give them copies to be attached to RO or what ever. Once you know what is in the file, you can always subpoena it, if necessary, if they won't give you copies. Also make sure you take along a copy of the FERPA regs, just in case.

Remember, the better you can come across, the worse she will look.

Good luck & God bless.

You never get a second chance to make a first impression!

[jilly]

This is partial information provided on this site regarding FERPA.
If your DH's ex is still telling the principal/school this crap then I think it's only fair that YOU provide them with counter-information showing that the ex is lying (i.e. dismissal of RO and copy of GAL report if it's allowed to be shared with those who aren't a party to the action).
Last year SDs teacher was wonderful about sending home EVERYTHING and keeping in touch with us by e-mail.
This year it's like pulling teeth to get ANYTHING. I think this teacher is just giving us the bare minimum she can give us without getting into trouble. At the Open House we gave her SASEs and told her we wanted to receive copies of everything sent to SDs custodial home. When it became apparent we weren't getting copies of everything (and then only sporadically) DH sent FERPA letter with a copy of the CO attached showing he had legal rights to SDS school records. That got him a telephone call from one of the room mothers. His ex is...you guessed it...also one of the room mothers....so what's that tell you. This teacher doesn't like to communicate by e-mail. She wants you to call and leave her a voicemail. I recently had lunch with SD at school. I left a note for the teacher to please provide a copy of the school newsletter with things she sends to us. Do you think we've seen the school newsletter for this month? NO We get the class newsletter but that doesn't tell us squat. SD had school pictures taken and we sent in our order prior to the picture day. I sent the teacher an e-mail requesting she e-mail me and let me know when the pictures come in. I called the school a couple of weeks ago to see if the pictures had come back. They'd been sitting at the front desk for a week waiting for us to come by to pick them up. Did the teacher send an e-mail? NO  I'm seriously considering going the next step with this and taking it to the school board but then if we do is that just going to piss the teacher off more and we won't get anything or will her attitude be adjusted?
Don't ya just love this stuff? LOL   Good luck with your situation!

Note that 'school records' include:

report cards
enrollment forms
achievement tests
progress reports
field trip forms
incident reports
disciplinary reports
medical records
emergency notification cards
any other officially generated reports, including email

It is important to note that counselor and psychologist records are considered part of an educational record. Thus, they are not exempt from FERPA's requirement. For the "teacher's notes" exemption to apply to a counselor's records, the notes taken by the counselor must be kept apart from all other student records and the information may not be shared with other persons.

Special Note on letters and e-mails between the teacher or school and other parties:

Recently an incident occurred where we were asked by a concerned parent about obtaining copies of e-mails between the other parent and the teacher. In this case, the teacher had mentioned a number of e-mails but refused to discuss their content. They wanted to know if they could access these e-mails under FERPA. Our reply was in two parts, the first was on correspondence in general, whether it be letters, notes, or other documents. The second was additional thoughts on e-mail correspondence and school district policies.

We strongly suggest checking with an attorney or your school to verify that this information applies to your school district. Different school districts have different rules and guidelines, and although this should be valid in most instances, your school district may be different.
The only thing that can be excluded from the record is personal notes used by the teacher and never intended for viewing by any other person. Two party communications do not fall under that definition, since they are, by their very nature, meant to be viewed by others. Examine your state statutes to verify whether or not this is the case in your school district.

It's likely that the exception they are trying to use is "(1) Records of instructional, supervisory, and administrative personnel and educational personnel ancillary to those persons that are kept in the sole possession of the maker of the record, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record".

If you check the school district's e-mail policy, it almost certainly states specifically that e-mail received through the district is the property of the district and reserves the right of the school district to monitor employee e-mails, thus eliminating the "not accessible to any other person" requirement. That is in addition to the fact that this is a two party communication as mentioned before.  

[backwardsbike]

I know my DD saw the counslelor last year but when I reviewed her record there wasn't anything inthem aboutt he sessions with the counselor.  Also, counselor told me on the phne that DD was very reluctant to disclose anything due to her fear that CP would find out.  How would I get docmentation of that if I don't even see records from the counselor.  This year the counselor won't even return my phone calls.  CP tends to rant and rage all over anyone connected with DD who tells me anything and then all info quickly dries up.  Please help me with this if you can.

[jilly]

If you have joint legal custody then you are entitled to see this information. I would go to the school with a copy of your Court Order if you haven't already provided them with a copy.

It may also be that the counselor's records are kept separate from other school records, in which case you may not be able to see her notes.

Lastly, there may not be anything to see.  You said yourself that the counselor told you that DD was reluctant to talk to her because she's afraid of her Dad finding out what she said and reaping the consequences.  My SD is the same way. She is very reluctant to talk to us about anything that goes on at her Mommy's house.