The Family Educational Rights and Privacy Act (FERPA),
a federal law that protects the privacy of student educational records, also provides certain rights to noncustodial parents. Understanding these rights can help noncustodial parents stay involved in their children's education and ensure their rights are respected.
FERPA defines a noncustodial parent as a parent who is not the primary caregiver of a student and does not have legal custody of the student. Noncustodial parents have the right to inspect and review their child's educational records, and to receive copies of those records upon request.
To exercise these rights, noncustodial parents must submit a written request to the school or educational institution where their child is enrolled. The request must include the parent's name, address, and relationship to the child, as well as a specific description of the records they are requesting.
as specified by FERPA, noncustodial parents
FERPA grants specific rights to noncustodial parents regarding their children's educational records.
- Inspect and review records
- Receive copies of records
- Request records in writing
- Provide relationship proof
- Specify records requested
- Request records transfer
- Consent to records release
- File FERPA complaints
Noncustodial parents should be aware of these rights and take steps to exercise them when necessary.
Inspect and review records
Noncustodial parents have the right to inspect and review their child's educational records at a reasonable time and place.
- Provide written request:
To inspect and review records, noncustodial parents must submit a written request to the school or educational institution where their child is enrolled.
- Specify records:
The request should include a specific description of the records the parent wishes to inspect or review.
- Reasonable time and place:
The school or educational institution must provide access to the records within a reasonable time and at a place that is convenient for the parent.
- Review records in person:
Noncustodial parents typically need to review the records in person at the school or educational institution.
If a noncustodial parent is unable to review the records in person, they may be able to request copies of the records instead.
Receive copies of records
In addition to inspecting and reviewing their child's educational records, noncustodial parents also have the right to receive copies of those records upon request.
- Submit written request:
To request copies of records, noncustodial parents must submit a written request to the school or educational institution where their child is enrolled.
- Specify records:
The request should include a specific description of the records the parent wishes to receive copies of.
- Pay reasonable fees:
Schools and educational institutions may charge a reasonable fee for copying records. However, they cannot deny access to records because of an unpaid fee.
- Receive copies in a timely manner:
The school or educational institution must provide copies of the records within a reasonable amount of time.
Noncustodial parents should be aware that there may be some exceptions to their right to receive copies of their child's educational records. For example, schools and educational institutions may withhold records that contain sensitive information, such as psychological evaluations or disciplinary records.
Request records in writing
Noncustodial parents must submit a written request to the school or educational institution where their child is enrolled in order to inspect, review, or receive copies of their child's educational records.
- Use specific language:
The request should clearly state that the parent is requesting access to their child's educational records under FERPA.
- Include personal information:
The request should include the parent's name, address, and relationship to the child.
- Specify records requested:
The request should include a specific description of the records the parent is requesting.
- Provide contact information:
The request should include the parent's phone number and email address so that the school or educational institution can contact them if necessary.
Noncustodial parents should keep a copy of their written request for their records. They should also be aware that the school or educational institution may have a specific form that parents must use to request access to their child's educational records.
Provide relationship proof
When requesting access to their child's educational records, noncustodial parents may be required to provide proof of their relationship to the child.
- Acceptable forms of proof:
Acceptable forms of proof may include a birth certificate, court order, or other legal document that establishes the parent-child relationship.
- Provide copy of proof:
Noncustodial parents should provide a copy of their proof of relationship along with their written request for access to their child's educational records.
- Keep a copy for records:
Noncustodial parents should keep a copy of their proof of relationship for their records.
- Contact school for guidance:
If a noncustodial parent is unsure about what type of proof of relationship is required, they should contact the school or educational institution for guidance.
Providing proof of relationship may help to expedite the process of obtaining access to a child's educational records. It is important for noncustodial parents to be prepared to provide this proof when requesting access to their child's records.
Specify records requested
When requesting access to their child's educational records, noncustodial parents should be as specific as possible about the records they are requesting.
- Provide specific information:
Noncustodial parents should provide specific information about the records they are requesting, such as the type of records (e.g., report cards, attendance records, disciplinary records), the time period covered by the records, and the specific courses or subjects that the records pertain to.
- Use clear and concise language:
Noncustodial parents should use clear and concise language when describing the records they are requesting. They should avoid using jargon or technical terms that may not be familiar to the school or educational institution.
- Be reasonable in requests:
Noncustodial parents should be reasonable in their requests for records. They should not request access to all of their child's educational records at once. Instead, they should focus on requesting specific records that are relevant to their involvement in their child's education.
- Request records in writing:
Noncustodial parents should submit their requests for records in writing. This will help to ensure that their requests are clear and complete.
By being specific and clear about the records they are requesting, noncustodial parents can help to expedite the process of obtaining access to their child's educational records.
Request records transfer
Noncustodial parents have the right to request that their child's educational records be transferred to another school or educational institution.
- Submit written request:
To request a records transfer, noncustodial parents must submit a written request to the school or educational institution where their child is currently enrolled.
- Specify receiving school:
The request should specify the name and address of the school or educational institution where the parent wants the records to be transferred.
- Provide contact information:
The request should include the parent's contact information, such as their phone number and email address.
- School's responsibility:
Once the school or educational institution receives the request, it is their responsibility to transfer the records to the receiving school or educational institution.
Noncustodial parents should be aware that there may be a fee associated with transferring records. They should also be aware that the receiving school or educational institution may have its own policies and procedures for accepting transferred records.
Consent to records release
In some cases, noncustodial parents may be asked to consent to the release of their child's educational records to a third party.
- Third-party requests:
Third parties, such as potential employers or scholarship organizations, may request access to a student's educational records. In these cases, the school or educational institution will typically require the noncustodial parent's consent before releasing the records.
- Written consent:
Noncustodial parents must provide their consent in writing. The written consent should include the parent's name, signature, and the date.
- Specify records to be released:
The written consent should also specify the specific records that the parent is consenting to release.
- Right to withhold consent:
Noncustodial parents have the right to withhold their consent to the release of their child's educational records. If a parent withholds their consent, the school or educational institution cannot release the records to the third party.
Noncustodial parents should carefully consider whether or not to consent to the release of their child's educational records. They should weigh the benefits of releasing the records against the potential risks.
File FERPA complaints
Noncustodial parents who believe that their FERPA rights have been violated can file a complaint with the U.S. Department of Education.
- Submit written complaint:
To file a FERPA complaint, noncustodial parents must submit a written complaint to the U.S. Department of Education's Family Policy Compliance Office (FPCO).
- Include specific information:
The complaint should include specific information about the alleged FERPA violation, such as the name of the school or educational institution, the date of the violation, and a description of the violation.
- Provide supporting documentation:
Noncustodial parents should provide any supporting documentation they have, such as copies of correspondence with the school or educational institution, or copies of the educational records that were released without their consent.
- FPCO will investigate:
The FPCO will investigate the complaint and take appropriate action, such as issuing a warning letter to the school or educational institution, or requiring the school or educational institution to take corrective action.
Noncustodial parents who believe that their FERPA rights have been violated should not hesitate to file a complaint with the U.S. Department of Education. The FPCO is responsible for enforcing FERPA and protecting the privacy rights of students and their families.
FAQ
The following are some frequently asked questions about FERPA rights for noncustodial parents:
Question 1: What rights do noncustodial parents have under FERPA?
Answer 1: Noncustodial parents have the right to inspect and review their child's educational records, to receive copies of those records upon request, to request that the records be transferred to another school or educational institution, to consent to the release of the records to a third party, and to file a complaint with the U.S. Department of Education if they believe their FERPA rights have been violated.
Question 2: How can noncustodial parents request access to their child's educational records?
Answer 2: Noncustodial parents must submit a written request to the school or educational institution where their child is enrolled. The request should include the parent's name, address, relationship to the child, and a specific description of the records they are requesting.
Question 3: What if the school or educational institution denies my request for access to my child's educational records?
Answer 3: If the school or educational institution denies your request, you can file a complaint with the U.S. Department of Education's Family Policy Compliance Office (FPCO). The FPCO will investigate the complaint and take appropriate action.
Question 4: Can I request that my child's educational records be transferred to another school or educational institution?
Answer 4: Yes, you can request that your child's educational records be transferred to another school or educational institution. You must submit a written request to the school or educational institution where your child is currently enrolled.
Question 5: What if the school or educational institution charges a fee for providing copies of my child's educational records?
Answer 5: Schools and educational institutions may charge a reasonable fee for copying records. However, they cannot deny access to records because of an unpaid fee.
Question 6: What should I do if I believe my FERPA rights have been violated?
Answer 6: You can file a complaint with the U.S. Department of Education's Family Policy Compliance Office (FPCO). The FPCO will investigate the complaint and take appropriate action.
Question 7: Where can I find more information about FERPA rights for noncustodial parents?
Answer 7: You can find more information about FERPA rights for noncustodial parents on the U.S. Department of Education's website.
Closing Paragraph for FAQ: If you have any questions about your FERPA rights as a noncustodial parent, you should contact the school or educational institution where your child is enrolled or the U.S. Department of Education's Family Policy Compliance Office.
In addition to understanding your FERPA rights, there are some things you can do to help ensure that your child's educational records are accurate and complete.
Tips
In addition to understanding your FERPA rights as a noncustodial parent, there are some things you can do to help ensure that your child's educational records are accurate and complete:
Tip 1: Communicate with your child's teachers and school administrators.
Make an effort to communicate with your child's teachers and school administrators on a regular basis. This will help you to stay informed about your child's progress and any issues that may arise.
Tip 2: Review your child's educational records regularly.
Take advantage of your right to review your child's educational records. This will help you to ensure that the records are accurate and complete. If you find any errors or omissions, you can request that the school or educational institution correct the records.
Tip 3: Keep copies of important documents.
Keep copies of important documents related to your child's education, such as report cards, transcripts, and disciplinary records. This will help you to track your child's progress and to advocate for your child's needs.
Tip 4: Be involved in your child's education.
Attend school events, such as parent-teacher conferences and school board meetings. This will help you to stay informed about your child's school and to advocate for your child's needs.
Closing Paragraph for Tips: By following these tips, you can help to ensure that your child's educational records are accurate and complete, and that you are involved in your child's education.
By understanding your FERPA rights and following these tips, you can help to ensure that your child's educational records are accurate and complete, and that you are involved in your child's education.
Conclusion
As a noncustodial parent, you have important rights under FERPA that allow you to access and review your child's educational records, to request that the records be transferred to another school or educational institution, to consent to the release of the records to a third party, and to file a complaint with the U.S. Department of Education if you believe your FERPA rights have been violated.
By understanding your FERPA rights and following the tips in this article, you can help to ensure that your child's educational records are accurate and complete, and that you are involved in your child's education.
Closing Message: Remember, you are an important part of your child's educational team. By working together with your child's teachers and school administrators, you can help your child to succeed in school and reach their full potential.