Series on Parenting

by Deborah Hansen

Access to Your Child's Records

As summer vacation winds down for most children (earlier and earlier each year it seems), our attention turns again to buying school supplies and clothes, getting the proper immunizations for the kids, and checking bus routes. But one thing that isn't included in any instruction packet from our child's school is the procedure for parents to obtain their children's records, and this is especially difficult for non-custodial parents. There are millions of parents in this situation across our country, most of whom truly want to stay involved in their child's education. It's difficult, though, to know how to maneuver through the bureaucratic maze of their school district, and it's necessary also to know what the law states on this issue.

Schools in many districts across the country are huge complexes housing dozens of administrators and teachers as well as thousands of students. Even in smaller schools the daily routine is constantly interrupted with the unexpected, making it nearly impossible to keep to the schedule and ordinary tasks. And like any profession, teachers have their own jargon which sometimes makes it difficult for parents to know what questions to ask or to understand the answers when they do.

It's necessary for parents to know two things: What does the law say, and how do I get the information to which I'm entitled through the law? Let's deal with these two issues individually:

1. The law: The Family Educational Rights and Privacy Act (FERPA) A gives parents the right to review and confirm the accuracy of education records, and since initially passed, Congress has further strengthened the privacy safeguards of education records. Under FERPA, the primary rights of parents are inspection and review of their child's education records, the right to amend those records, and the right to have some control over the disclosure of such information. (Code of Federal Regulations for Title 34; Part 99.)

A Parent "is defined in the law as a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or guardian, and FERPA affords full rights A to either parent unless the school has been provided evidence that there is a court order, state statute, or legally binding document that revokes those rights."

The important thing for us to remember is that parents have a right to see their child's educational records, and this includes the non-custodial parent.

2. Now that we know the law, how do we get the information? The best advice is to be persistent. It's always a good idea to meet with or call your child's guidance counselor at the beginning of each school year, and let them know who you are and what the situation is regarding the divorce, living arrangements, custody, etc., and this is especially important for non-custodial parents. Let this person know that you would like to be kept informed about report cards, discipline issues, or anything else that involves your child. Make sure they have a current phone number for you and update it if it changes. Ask what documentation you need to have on file at the school to obtain information about your child, and then follow through to make sure the school gets it.

One thing that most people don't realize is that information flowing into a school from parents often does not get to the right person . If you mail something to the guidance counselor, make sure his/her name is on the envelope, and then follow up with a phone call to make sure they receive it. If you leave a voice mail and your call isn't returned within a reasonable time, don't assume the person is ignoring you. Call again, and then follow up with a phone call to the principal if you still don't get a response.

Too many parents give up when confronted with all the problems and roadblocks inherent in the bureaucratic puzzle of a school, but it is our responsibility as parents to insist that we are kept in the loop of information. This is truly one area that proves the old adage that "the squeaky wheel gets the grease." Don't give up! Your child's education and your place in it are too important.

--July 2005

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Deborah Hansen is a veteran of divorced parenting, and a former middle school teacher. She is also a certified county court mediator, and a regular columnist for several parenting publications. She may be reached for comments and suggested topics at debrhan48@comcast.net.

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