Law & Legal & Attorney Government & administrative Law

Noncustodial Parent Rights to School Information

    Federal Law

    • The federal government protects the rights of students and parents in the Family Educational Rights and Privacy Act (FERPA). The law applies to all schools that receive federal education funding. The law stipulates that both parents have the right to see any records kept by the school pertaining to the student. Those rights are transferred to the student post-high school or on reaching age 18.

    School Policy

    • Given the prevalence of divorce and custody issues, state and local boards of education should have policies in place regarding release of school information to non-custodial parents. These policies might stipulate that a copy of the divorce decree and proper identification must be presented before information is released. If school officials are concerned about the legitimacy of the documents presented, divorce records are on file with the county.

      Some school districts may allow copies of report cards and other reports to be mailed to the non-custodial parent. The school may require a fee to cover postage.

    Divorce Order

    • The divorce order should spell out in detail the days and times of visitation as well as the ability of the non-custodial parent to attend the child's school functions, sports activities and other activities. Legal boilerplate like "reasonable visitation" is too vague and inadequate to cover important areas. The order should specify that school and medical records must be made available to the non-custodial parent.

    Parent's Information

    • A non-custodial parent who lives within visiting distance may set up an appointment to meet with the child's teacher, especially if the child is in the lower grades. He should provide contact information in the event he is not listed as an emergency contact. The non-custodial parent has the right to attend back-to-school nights, and both parents should remain civil if they run into each other.

    Parental Interference

    • A custodial parent who chooses to interfere with the ex-spouse's visitation rights might try to prevent the other parent from visiting the child at school or from getting the information the parent is entitled to. The interfering parent may tell the principal or teachers that the other parent doesn't have the right to visit or to receive information. The non-custodial parent can ward off such interference by presenting the school with proper documentation.

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