Educational Records & Parent Rights
Parents (or students over the age of 18 years) have the following rights:
- You have the right to inspect and review the student's educational records.
- You may request that student's education records be amended to ensure that they are not inaccurate, misleading, or otherwise in violation of the student's privacy or other rights.
- Your written consent is needed before the district discloses personally identifiable information contained in the student's education records, except to educational agencies or institutions as described in item 1 below. Personally identifiable information may include, and is not limited to, 1) the name of the child, 2) address, 3) a personal identifier such as the child's social security number, 4) the name of the student's parent or other family member, or 5) a list of personal characteristics that would make the student's identity easily traceable.
- You may file a complaint with the U.S. Department of Education under 34CFR 99.64 regarding failures by the district to comply with the requirements of the Family Education Rights and Privacy Act.
- You may obtain a copy of the district policy regarding student education records from the building principal.
- Copies of educational records shall be forwarded without signed consent to educational agencies or institutions within 10 days of receiving a request for transfer of records.
- In compliance with federal regulations, this school announces its intent to provide directory information of students to interested parties upon request, unless parents, guardians or students who have reached 18 years of age indicate in writing by September 20 that they object to the release of directory information. Directory information may include, and is not limited to, the student's name, parent's name, address, telephone listing, photograph, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous education agency or institution attended. However, lists of students will be provided only to businesses for school-related matters as determined by the superintendent, and discretion will be used in those cases involving child custody issues.
- In the cases of those students whose parents have requested that the information not be given, the district is not allowed to release the student's name and other directory information for programs, honors and awards.
- Parents of students enrolling some time other than the first day of school will be granted two weeks after enrolling to give a written notice if they wish to withhold any or all of directory information.
You're Still a Parent
Common questions asked by divorced parents about school and their children.
As a non-custodial parent, do I have the right to see my student's school records?
Absolutely! Federal and state laws insure the non-custodial parent's right to review educational records unless there is a court document that specifically revokes these rights. Federal law gives the schools 45 days to provide the records.
Can the custodial parent block a non-custodial parent's access to the student's record?
Only through the courts. Otherwise, the school must allow the non-custodial parents to have access to the records. A request to the school from the custodial parent or a letter from the custodial parent's attorney to withhold the records is not sufficient.
As a non-custodial parent living in a different town from my child, will the school give me information about my child over the telephone?
Not unless we can absolutely confirm that you are the child's parent. This is because we must abide by laws that protect the confidentiality of students' educational records. Even if you request the records in person, you should be prepared to show picture identification and some document that shows you are the child's parent (like a birth certificate or a divorce decree).
As the non-custodial parent, can I talk to the school staff and go to parent conferences?
Yes. You have the same rights as the custodial parent to consult with the school staff.
Can the non-custodial parent visit the child in school?
School is not a setting for parents to disrupt the educational process to arrange to take a child out of class to "visit" their child. However, the non-custodial parent may occasionally come and have lunch with his/her child and go onto the playground at lunch recess with the permission of the principal. In such cases, the principal will have first consulted with the custodial parent and the child prior to giving approval.
What about volunteering as a VIM in my child's classroom if I am the non-custodial parent?
The principal will consider these on a case-by-case basis, having first consulted with the custodial parent and the child prior to giving approval.
Does a school district have to maintain school records under the child's legal name?
At Abraham Lincoln Elementary, we establish a cross reference systsem to locate the student's records by use of the legal name. The school is not in the role of forcing students to go by their legal name. We do want to be sure, however, that a non-custodial parent who seeks to exercises the legal right to inspect their child's records will not be prevented from doing so because the custodial parent has registered the child under a name different from the legal name. One document, the permanent record, must use the student's full legal name.
Do step-parents and grandparents have the same rights as the parents to consult with school staff and see the records?
No, these rights of the parent are specifically granted by law. For the school to provide student records or access to staff to other persons, the custodial parent would need to give written permission.