When fulfilling a records request from a noncustodial parent, the following steps should be taken:
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Verify the authenticity of the request: It is important to establish internal management procedures related to handling requests from parents to review their childs record. These procedures should describe clearly all steps and the necessary forms, and designate the official who handles all requests. The school or district may decide whether the request is valid.
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Determine if the noncustodial parent has access rights: Under the Family Educational Rights and Privacy Act (FERPA), both custodial and noncustodial parents have the right to access their childrens education records, unless there is a court order or legally binding document that specifically revokes these rights.
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Provide access to the records: If the noncustodial parent has access rights, the school must provide an opportunity to inspect and review the records within 45 days following its receipt of a request. The school is required to provide copies of education records, or make other arrangements, if a failure to do so would effectively prevent the parent from obtaining access to the records.
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Seek correction of the record: Noncustodial parents have the right to seek correction of the record if they believe it to be inaccurate or misleading. Schools must provide a procedure for seeking amendment that is clear and easy to follow.
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Keep the parents statement with the original record: If, after following the process, the school decides not to amend the record, the parent has the right to place a statement with the record explaining why they think the record is problematic. Schools must keep this statement with the original record.
It is important to note that noncustodial parents are entitled to their childrens records unless there is a court order or legally binding document that specifically removes that parents FERPA rights. If there are concerns about the misuse of access to student records, schools can take steps to protect student privacy while still providing access to the noncustodial parent.
