school refuses to speak to me

[stfrancis]

What is the name of your state? Illinois


I am the non custodial parent.

I just found out that my sons school refuses to give me any written or verbal progress of how my son is doing in school.


My son is 7 1/2 years old, he was "suspended" from school ( a private christian school" on March 26 due to behavioral problems.

The schools principal told me that they received a written letter from the custodial parent stating that the school should not talk to me in regards to my son regarding anything (report cards, grades, progress regarding behavior)

The schools official position is that they are going to honor the custodial parents written letter because the school does not want to get involved.

I specifically asked the school the following question: "how do i find out educational progress of my son?" the principal replied to me "you will have to ask the custodial parent"

I am not going to accept this response from the school; should I be talking to an attorney about the schools response to me?

I am really outraged at the schools response.

 

[luckymom]

That is outrageous. I (a CP) would be thrilled if my ex ever took the initiative to contact the school. I would make a copy of the decree that states you have access to educational info and send it to the school threatening to sue if they don't allow you access to information on your child. It is very helpful if this kind of letter comes from a lawyer!

 

[krispenstpeter]

am not going to accept this response from the school; should I be talking to an attorney about the schools response to me?

Yes, and demanding that the attorney file a show cause for contempt of a court order on the CP and, at the same time, requesting a subpoena for the child's records from the school.

I would also petition the court to issue an order to the school requiring them to comply with the education law of your state.

750 ILCS 5/602.1

(e)
Notwithstanding any other provision of law, access to records and information pertaining to a child, including but not limited to medical, dental, child care and school records, shall not be denied to a parent for the reason that such parent is not the child's custodial parent; however, no parent shall have access to the school records of a child if the parent is prohibited by an order of protection from inspecting or obtaining such records pursuant to the Illinois Domestic Violence Act of 1986, as now or hereafter amended.
705 ILCS 405/1-8

 

[stealth2]

However, private schools generally have much greater leeway wrt what they will and will not do and what information they are legally required to provide an NCP. By all means consult with an attorney, but you may find that you'll need the court to order your EX, not the school, to provide you information.

 

[LadyBugLuv]

Illinois Law - Right to Records

RIGHT TO RECORDS AND CONTACT WITH TREATMENT PROFESSIONALS

Many divorced parents believe that if they do not have custody of their children they are automatically prevented from monitoring their care and upbringing. This notion is incorrect. Illinois law grants both parents the right to access records concerning their children and to have contact with service providers regardless of whether custody is awarded to one parent or jointly to both parents:


"Notwithstanding any other provision of law, access to records and information pertaining to a child, including but not limited to medical, dental, child care and school records, shall not be denied to a parent for the reason that such parent is not the child's custodial parent . . . ."

750 ILCS 5/602.1


The right of access exists for both parents unless prohibited by an Order of Protection stemming from a incident of domestic violence. If you do not have custody of your children, don't hesitate to make arrangements to obtain school schedules, attend parent-teacher conferences and other meetings, stay in touch with your children's health-care providers, and generally be involved in your child's activities

 

[luckymom]

If I were you I would do the following:
1. request that the school send you directly copies of grade reports, test scores, etc.
2. request that you be allowed to communicate directly with teacher, guidance counselors, etc.

I am the CP and approached the school about #1 above, because I got tired of serving as a secretary to my ex. The school was very accomodating and now everything goes to him. I also asked my daughter's home room teacher to include his e-mail on her parent list so he gets all the "broadcast" e-mails she sends out to parents. Finally, at the beginning of the year, I got the e-mail addresses of all her teachers, the guidance counselor, principal, etc. and sent them to him saying that if he had concerns about school to address them directly to the responsible party. I also contacted each of the people on my list and told them to feel free to respond to any queries that came from the ex.

This has really cut down on my paperwork, as well as friction with the ex. And it served me well in my custody hearing last December, when it came out that in spite of my efforts, ex had never contacted the school or her teachers!

 

[stfrancis]

I have already asked the school to send me grade reports, etc.

Every Wednesday I spoke to my sons teacher, I volunteered at school functions, I did receive grade reports on a very, very regular basis.

but, now that the Custodial parent has written this letter to the school saying that I no longer can contact the school, the school is abiding by the letter.

thanks for the suggestion, this forum is great!

 

[nextwife]

If your CO does not prohibit you from having access to the school records, the school has NO legal right to usurp your parental rights. And the CP has no legal right to interfere with the CO. The school needs to see a copy of the portion of the CO establishing that you have this right.

Private school or not, the law requires their compliance.

 

[kidoday]

The Illinois state statue 750 ILCS 5/602.1 is for joint custodial parents only.

Poster do you have joint custody?

 

[krispenstpeter]

705 ILCS 405/1-8 does not stipulate any form of custody except that "...shall not be denied to a parent for the reason that such parent is not the child's custodial parent..."

 

[kidoday]

Krispenstpeter forgive me but, I don't understand your post.

 

[krispenstpeter]

you said the statute was for Joint custodial parents.

I was just letting you know that it makes no difference according to the plain language of the statute. As long as the party can prove they are the parent, whether custodial or not, they have equal rights and access.

 

[kidoday]

Ok, I just read the actual portion of the statue. What I read was concerning only joint custodial parents. I didn't feel like reading the whole dang thing. The poster can do that.

 

[krispenstpeter]

You're cute

 

[coosi]

2 different statutes, the second one is regarding juvenile court records...

Illinois
750 ILCS 5/602.1

(e)
Notwithstanding any other provision of law, access to records and information pertaining to a child, including but not limited to medical, dental, child care and school records, shall not be denied to a parent for the reason that such parent is not the child's custodial parent; however, no parent shall have access to the school records of a child if the parent is prohibited by an order of protection from inspecting or obtaining such records pursuant to the Illinois Domestic Violence Act of 1986, as now or hereafter amended.

705 ILCS 405/1-8
Sec. 1-8. Confidentiality and accessibility of juvenile court records.

(A)
Inspection and copying of juvenile court records relating to a minor who is the subject of a proceeding under this Act shall be restricted to the following:
(1)
The minor who is the subject of record, his parents, guardian and counsel.