Education Law

I’m often asked this question and, most often, people want to know if a noncustodial parent can access their child’s student record. As is often the case, my answer is that it depends.

The Federal Educational Rights and Privacy Act is the federal law that governs access to student records. It allows parents and certain other parties to view student records.  In addition, many states have regulations governing the confidentiality of student records.  Massachusetts, for example, will allow a noncustodial parent to access a student’s record so long as there is not a court order stating otherwise and as long as that parent’s rights have not been terminated. 

If you have a compelling reason to prevent a noncustodial parent from viewing your child’s educational record then the best thing that you can do is to make that crystal clear for the school district.  Make sure that the court specifically includes your request in its written decision and provide a copy of that to your child’s principal. Ask that a note be placed at the beginning of your child’s record so that no mistakes are made.  School administrators, teachers and secretaries have many students to keep track of and if your child’s situation requires special attention then it in everyone’s best interest that safeguards are put in place so that no mistakes are made.

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