Does FERPA cover this?

[SM_in_FL]

Hi, Soc!
This one's for a friend of mine. His background is as follows: He got divorced 3 years back, apparently giving his ex primary custody of the kids and he has visitation rights. I believe they have shared legal but am not sure. He went to the school to request the kids academic records and was denied. However, the school was unable to provide a document restraining him from viewing his kids records. So here are my questions:

1) For the sake of argument, if the ex were to have been awarded sole custody of the kids, does that bare any relevance with regards to the kids academic records under FERPA? Like even if she has sole custody, doesn't he still have the right to review his kids records at the school because of FERPA?

2) Now, supposing he has joint legal and the school has no document barring him from retrieving the records, what are his recourses if the school is unwilling to cooperate?

3) Does he have any recourse if the ex got sole custody?

Thank you, Soc!
SM

[socrateaser]

>1) For the sake of argument, if the ex were to have been
>awarded sole custody of the kids, does that bare any relevance
>with regards to the kids academic records under FERPA? Like
>even if she has sole custody, doesn't he still have the right
>to review his kids records at the school because of FERPA?

All "educational" records are covered, as is any legal parent, absent a restraining order, but the requestor must ask for the records, i.e., there is no duty placed on the school to provide regular updates.

>
>2) Now, supposing he has joint legal and the school has no
>document barring him from retrieving the records, what are his
>recourses if the school is unwilling to cooperate?

Lawsuit. Usually, following a refusal from the school, a request for the contact information of the school district's legal counsel will get you your records, almost immediately.

>3) Does he have any recourse if the ex got sole custody?

Sole, joint, irrelevant. FERPA covers any legal parent.