FERPA

[perserverance_1]

I was denied access to my child's educational records by the school for a number of years.  I telephoned the school to request access, the school verbally stated I could not have access at the request of my ex.  I more recently wrote to the school requesting access and was denied and so have written proof.  I filed a FERPA complaint over 6 months ago by using the letters/info on this site.

False allegations had been lodged against me, custody was transferred to ex, my parental rights and rights to view my child's edu. records were not revoked.

I've recently discovered that my attorney did request my child's standardized tests (he did not specify "standardized test results", just "standardized tests") at the time of the false allegations.  The school sent the attorney partial school records, but not the standardized test results.

I was able to find some copies of my child's educational information in my own records and made them available to my attorney and apparently enough information/testimony was entered to prove my innocence of that allegation.

At the hearing, I was pronounced "not guilty of neglect (of my child's) education and socialization".  The court order was written (far after the hearing, in violation of state laws on the matter) erroneously by ex's attorney to indicate I "HAD" been found guilty of that allegation.

Although my atty. requested "standardized tests" instead of "standardized test results" when subpoenaing the records from the school, at least to me, the meaning of that was clear.

So, my question is this:  Other than filing a FERPA complaint, and the school is now at risk of losing funding, would I have grounds for a federal civil rights suit for being denied access to my child's edu records?

pers.

[socrateaser]

If you have proof that a publicly-funded educational institution has denied you access to your child's educational records, said child being officially enrolled in the offending institution, then you have a prima facie case for relief under the FERPA statutes. Frankly, I have never examined the law to determine the type(s) of civil relief available, so I can't give you any help in that area, at the moment.

[perserverance_1]

I hadn't even ever heard of a prima facie case for relief, so it gives me something to look for.  Thank you, and if you come across any more info. on it, i'd appreciate you letting me know.
pers.

[socrateaser]

You are misunderstanding me. A "prima facie" case means facts that are sufficient to allow a trier of facts (jury, judge) to consider a verdict on each and every element of a legal claim. It's not some special legal action unto itself, like fraud, or theft or breach of contract.

The plaintiff must make a "prima facie" case in order to permit the trial to proceed to the defense and to the jury or judge's verdict and ruling. If the plaintiff fails to establish each an every element of a legal cause of action, the judge will simply dismiss the case before the defense even begins presenting its case.