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Isn't NCP 'Entitled' to...?

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Ron1347

Member
What is the name of your state? Michigan

When my son was divorced mid March 1999, he was granted 'Joint Legal/Joint Physical Custody', my son receiving 'Primary Residence', of his two boys (8 & 9 years of age at present). Making the boys 3 & 4 years of age at the time of divorce.

Once the children are of school age, and once attending school, doesn't that allow the NCP full right to access, of all the boys' school records, written documentation of parent/teacher conferences, report cards, progress reports, tardy & absentee records, etc., etc., etc.? I mean, 'I' was thinking it did.
 


LdiJ

Senior Member
Ron1347 said:
What is the name of your state? Michigan

When my son was divorced mid March 1999, he was granted 'Joint Legal/Joint Physical Custody', my son receiving 'Primary Residence', of his two boys (8 & 9 years of age at present). Making the boys 3 & 4 years of age at the time of divorce.

Once the children are of school age, and once attending school, doesn't that allow the NCP full right to access, of all the boys' school records, written documentation of parent/teacher conferences, report cards, progress reports, tardy & absentee records, etc., etc., etc.? I mean, 'I' was thinking it did.

Yes it does...and not just because its joint legal/joint physical custody. The ncp is entitled to that information even if its not joint legal/joint physical.
 

Ron1347

Member
Ahhhhh, I thought so!

Okay...then what do you do in a case like this?...NCP, has requested of the school many a time (by phone, as 'she' resides in Kentucky), that the school provide her with all documentation/information/access of which I spoke. She has been here, gone to the school, requested in person copies of those things. The school has absolutely 'refused' her, her requests every time!

The school has offered the NCP no explaination whatsoever, just that they won't! The NCP has produced her divorce papers, custody orders, visitation orders, proper identification, the whole nine-yards. The school 'still' refuses her. And I 'Quote', 'if you have a problem with that, then get an attorney and sue us, but until you walk in here with a legal court order forcing us to comply, you're out of luck'!

Now isn't that just CRAP??!! I haven't always been on the NCP's side...BUT!...I mean...what on earth is the school's problem do you think? I really wish I knew why the school has decided to hold to their position!
 

BL

Senior Member
Ron1347 said:
Ahhhhh, I thought so!

Okay...then what do you do in a case like this?...NCP, has requested of the school many a time (by phone, as 'she' resides in Kentucky), that the school provide her with all documentation/information/access of which I spoke. She has been here, gone to the school, requested in person copies of those things. The school has absolutely 'refused' her, her requests every time!

The school has offered the NCP no explaination whatsoever, just that they won't! The NCP has produced her divorce papers, custody orders, visitation orders, proper identification, the whole nine-yards. The school 'still' refuses her. And I 'Quote', 'if you have a problem with that, then get an attorney and sue us, but until you walk in here with a legal court order forcing us to comply, you're out of luck'!

Now isn't that just CRAP??!! I haven't always been on the NCP's side...BUT!...I mean...what on earth is the school's problem do you think? I really wish I knew why the school has decided to hold to their position!


Look up FERPA provided by Dept. Of Education Washington DC . That Dept. will send a copy if you request it . ( I have a copy myself ) .

Unless this is a Private School , rewrite the school a letter , enclose ( attach the valid Court order - proving Parenthood ).

In that Letter advise them You not barred by any Court Order to your Child's educational Records , and you have a Right to them under the Federal Law FERPA.

You have a right to basic educational records .

You have a right to set up an appointment to go in and review the records.

If you can not afford to travel , they should send you Basic records .

Don't expect them ALL.

Again , If this is a Private school , they have their own Policies , and yes , they will tell you to Sue .

If these are public schools they HAVE to let you have access , as long as you are Not barred by a Court Order.
 

LdiJ

Senior Member
Ron1347 said:
Ahhhhh, I thought so!

Okay...then what do you do in a case like this?...NCP, has requested of the school many a time (by phone, as 'she' resides in Kentucky), that the school provide her with all documentation/information/access of which I spoke. She has been here, gone to the school, requested in person copies of those things. The school has absolutely 'refused' her, her requests every time!

The school has offered the NCP no explaination whatsoever, just that they won't! The NCP has produced her divorce papers, custody orders, visitation orders, proper identification, the whole nine-yards. The school 'still' refuses her. And I 'Quote', 'if you have a problem with that, then get an attorney and sue us, but until you walk in here with a legal court order forcing us to comply, you're out of luck'!

Now isn't that just CRAP??!! I haven't always been on the NCP's side...BUT!...I mean...what on earth is the school's problem do you think? I really wish I knew why the school has decided to hold to their position!

Since your son has primary custody....it would REALLY be wise for your son to instruct the school to release any and all records to mom. Its not just the school that could get into trouble on this one...its your son too. Schools don't refuse to release records when they know that custody is joint....

Your son is messing up here.
 

BL

Senior Member
GENERAL

Family Policy Compliance Office (FPCO)

ABOUT THE FAMILY POLICY COMPLIANCE OFFICE

The mission of the Family Policy Compliance Office (FPCO) is to meet the needs of the Department's primary customers--learners of all ages--by effectively implementing two laws that seek to ensure student and parental rights in education: the Family Educational Rights and Privacy Act (FERPA) and the Protection of Pupil Rights Amendment (PPRA).

Parents and eligible students who need assistance or who wish to file a complaint under FERPA or PPRA should do so in writing to the Family Policy Compliance Office, sending pertinent information through the mail, concerning any allegations to the following address:

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-5920
 

Ron1347

Member
LdiJ said:
Since your son has primary custody....it would REALLY be wise for your son to instruct the school to release any and all records to mom. Its not just the school that could get into trouble on this one...its your son too. Schools don't refuse to release records when they know that custody is joint....

Your son is messing up here.

No, it isn't a 'Private School', it is most definitely 'Public School'!

I'm having a sneaking hunch (just a personal suspicion mind you) that my son could likely be behind this stonewall tactic. However...whether my son has spit in the school's ear about something for some reason, and even regardless that he did or didn't, it seems that the Public School is certainly well enough aware of the law and 'their' responsibility, that they wouldn't do that even at son's suggestion, knowing that 'they' (the school) could get into trouble.

But lets say 'son' is having nothing to do with the school's position, how is it that 'he' could get into trouble? Is it simply by virtue that he knows what is going on and is doing nothing to help remedy it on behalf of the NCP? I'm totally on 'her' side with this and am trying to help her get it straightened out. I'm catching a little personal flack for thinking of 'her' rights, but what the hell, I wasn't put on this earth to be liked, and couldn't care less anyway, so they can go to hell!
 

Ron1347

Member
Blonde Lebinese said:
Look up FERPA provided by Dept. Of Education Washington DC . That Dept. will send a copy if you request it . ( I have a copy myself ) .

Unless this is a Private School , rewrite the school a letter , enclose ( attach the valid Court order - proving Parenthood ).

In that Letter advise them You not barred by any Court Order to your Child's educational Records , and you have a Right to them under the Federal Law FERPA.

You have a right to basic educational records .

You have a right to set up an appointment to go in and review the records.

If you can not afford to travel , they should send you Basic records .

Don't expect them ALL.

Again , If this is a Private school , they have their own Policies , and yes , they will tell you to Sue .

If these are public schools they HAVE to let you have access , as long as you are Not barred by a Court Order.

I meant to thank you for for that information! I will pass it along to the NCP. I'm quite certain she will be very happy to have that information and I'm certain she will make good use of it. Again, thank you.
 

LdiJ

Senior Member
Ron1347 said:
No, it isn't a 'Private School', it is most definitely 'Public School'!

I'm having a sneaking hunch (just a personal suspicion mind you) that my son could likely be behind this stonewall tactic. However...whether my son has spit in the school's ear about something for some reason, and even regardless that he did or didn't, it seems that the Public School is certainly well enough aware of the law and 'their' responsibility, that they wouldn't do that even at son's suggestion, knowing that 'they' (the school) could get into trouble.

But lets say 'son' is having nothing to do with the school's position, how is it that 'he' could get into trouble? Is it simply by virtue that he knows what is going on and is doing nothing to help remedy it on behalf of the NCP? I'm totally on 'her' side with this and am trying to help her get it straightened out. I'm catching a little personal flack for thinking of 'her' rights, but what the hell, I wasn't put on this earth to be liked, and couldn't care less anyway, so they can go to hell!


He can get in trouble because its almost impossible that the school would do something like that without your son having instigated it. Plus, yes, he obviously knows about it and is doing nothing to help rectify the situation.
 
We need alot more people like you on this earth...I commend you. Being an NCP myself I can totally relate and its extremely difficult to be involved when the other parent makes it so difficult but like you, I don't care what he says to me or thinks about me, my only concern is my daughter. My hat comes off to you!
 

casa

Senior Member
Ron1347 said:
What is the name of your state? Michigan

When my son was divorced mid March 1999, he was granted 'Joint Legal/Joint Physical Custody', my son receiving 'Primary Residence', of his two boys (8 & 9 years of age at present). Making the boys 3 & 4 years of age at the time of divorce.

Once the children are of school age, and once attending school, doesn't that allow the NCP full right to access, of all the boys' school records, written documentation of parent/teacher conferences, report cards, progress reports, tardy & absentee records, etc., etc., etc.? I mean, 'I' was thinking it did.

State info.

This FERPA Q & A document from the MI State Department of Education outlines their policy and/or interpretation of the federal law. On page 6 it says:

99.4 What are the rights of parents?

An educational agency or institution shall give full rights under the act to either parent, unless the agency or institution has been provided with evidence that there is a court order, state statute, or other legally binding document relating to such matters as divorce, separation, or custody that specifically revokes these rights.
(Authority: 20 U.S.C. 1232g)

Outline letter (courtesy of www.deltabravo.net):

[Your name]
[Your address]
[Your City, State, Zip]
[Your phone number]
[Your e-mail]


[Principal's name]
[School or Doctor's address]
[City, State, Zip]




REQUEST FOR RECORDS

Month, Day, 20XX
Office of (school name) Elementary/Secondary School
Address
City, State, Zip

To Whom It May Concern:


Please accept this letter as a formal request for any and all school information regarding my biological [son/daughter], [child's name]. I would like this letter to be entered into [child's name]’s permanent school record. As there is no court order barring me from contact with my [son/daughter] and I have always tried to be an involved [father/mother], I am exercising my rights under State law and FERPA to have full, unhindered access to my [son/daughter]’s school information.

I have attempted to get this information through his [father/mother], but due to our inability to communicate, I am requesting this information directly from the school. Information to be released includes, but is not limited to, the following:


Photocopies of all report cards, achievement tests, permission slips, school newsletters, school picture notification, and any other paperwork that is sent to [child's name]’s primary residence.



Make sure that my name is in the [Father/Mother] spot on any and all school records, make sure that my name, address, home & work telephone numbers, and my [wife/husband's] work number are included in the school records as emergency contacts (this information is provided below).



To be able to contact teachers, aides, counselors, principals, and other school personnel to discuss [child's name]’s progress in school, any behavioral or disciplinary concerns, and general social well-being of [child's name] in school, via telephone, email, fax, or in person.



I want to be notified of and have the opportunity to participate by telephone (or in person if possible) in ANY and ALL meetings, conferences, disciplinary discussions, and any other meetings which require parent participation.



Copies of any standardized testing results along with opportunities to speak with school personnel if any help is needed interpreting the results.



Copies of school calendars and notification of special events (winter/spring concerts, plays, school carnival, etc).



ANY and ALL disciplinary actions (suspension from school or school bus, detentions, etc.) on a timely basis so that [child's name]’s [father/mother] and I may discuss [his/her] behavioral concerns when they happen.

I would also like to be able to volunteer to help out in [child's name]’s classroom whenever possible. I am open to reading to students, doing one-on-one work with any student that needs help, discussing career choice(s), and many other activities that would be beneficial, not only to [child's name], but to [his/her] entire class as well.

I realize that completing a mailing daily is unreasonable. I would be satisfied that non-timely documents can wait and be mailed in bulk. However, any materials or notifications of meetings that are highly time-sensitive need to be mailed in time for me to be an active participant in [child's name]’s schooling. If the time frame is too small for mailing, please call me at one of the telephone numbers listed below to inform me. You may also fax me any information as well.

I understand that there may be copying or postage costs involved in obtaining material for me. This is not a problem, and I am more than willing to pay for them. Just send a statement whenever such costs are incurred. If you prefer, I will be glad to provide pre-stamped and pre-addressed envelopes in order to make it easier for you to mail me [child's name]’s school information.

In closing, I would like to be notified (immediately upon the receipt of this letter) of the name of [child's name]’s teacher and the times during the day that I would be most likely able to telephone and speak with him or her. If you have any question as to whether a piece of information should be sent to me, send it.

Thank you in advance for your cooperation. If you have any questions, please do not hesitate to contact me.

Sincerely,

Name
Address
City, State, Zip
Phone and FAX Number(s)
 

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