Submitted by Anne 8102 on Sun, 01/14/2007 - 6:10am
For anyone who has 50-50 or more custody. Stepparents do have the right to school information. See the law below:
Family Educational Rights and Privacy Act (FERPA)
The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.
FERPA gives parents certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are "eligible students."
Parents or eligible students have the right to inspect and review the student's education records maintained by the school. Schools are not required to provide copies of records unless, for reasons such as great distance, it is impossible for parents or eligible students to review the records. Schools may charge a fee for copies.
Parents or eligible students have the right to request that a school correct records which they believe to be inaccurate or misleading. If the school decides not to amend the record, the parent or eligible student then has the right to a formal hearing. After the hearing, if the school still decides not to amend the record, the parent or eligible student has the right to place a statement with the record setting forth his or her view about the contested information.
Generally, schools must have written permission from the parent or eligible student in order to release any information from a student's education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31):
School officials with legitimate educational interest;
Other schools to which a student is transferring;
Specified officials for audit or evaluation purposes;
Appropriate parties in connection with financial aid to a student;
Organizations conducting certain studies for or on behalf of the school;
To comply with a judicial order or lawfully issued subpoena;
Appropriate officials in cases of health and safety emergencies; and
State and local authorities, within a juvenile justice system, pursuant to specific State law.
Schools may disclose, without consent, "directory" information such as a student's name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. However, schools must tell parents and eligible students about directory information and allow parents and eligible students a reasonable amount of time to request that the school not disclose directory information about them. Schools must notify parents and eligible students annually of their rights under FERPA. The actual means of notification (special letter, inclusion in a PTA bulletin, student handbook, or newspaper article) is left to the discretion of each school.
For additional information or technical assistance, you may call (202) 260-3887 (voice). Individuals who use TDD may call the Federal Information Relay Service at 1-800-877-8339.
Or you may contact us at the following address:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-5920
FERPA is a Federal law that gives parents or eligible students the right to have access to a student's education records, the right to seek to have the records amended, and the right to have some control over the disclosure of information from the records. The term "education records" is defined as those records that contain information directly related to a student and which are maintained by an educational agency or institution or by a party acting for the agency or institution. 34 CFR § 99.3 "Education records."
The term "parent" is defined as including natural parents, a guardian, or an individual acting as a parent in the absence of a parent or a guardian. 34 CFR § 99.3 "Parent." The Department has determined that a parent is absent if he or she is not present in the day-to-day home environment of the child. Accordingly, a stepparent has rights under FERPA where the stepparent is present on a day-to-day basis with the natural parent and child and the other parent is absent from that home. In such cases, stepparents have the same rights under FERPA as do natural parents. Conversely, a stepparent who is not present on a day-to-day basis in the home of the child does not have rights under FERPA with respect to such child's education records.
Submitted by puterlady (not verified) on Tue, 02/20/2007 - 7:02am
I know exactly what you mean. I do ALL the work as a Mom. I pay for the Skids clothes yet get nothing in return. No appreciation. zip.
I told my husband this morning that I think for me this is a bad investment. I am throwing my money, emotions, and time into a black hole that no one will ever see or appreciate. Tell me again WHY am I doing this.
Submitted by kay on Sat, 05/05/2007 - 6:51pm
If you figure out why you keep doing it please let me know so I can get out of the ugly place with you and maybe feel a little appreciated and respected.
Submitted by Anonymous (not verified) on Thu, 03/01/2007 - 7:54am
Anne, I think there's laws and then there's respect and common sense pertaining to the Bm and her children. People can rack up lawyers fee's exerting all their rights, and I see quite a few posts that leave no doubt in my mind that the real reason is control over bm and anger issues. When the kids express anger over taking their mom to court over and over, then its time to back off. Because in the long run your racked with lawyers bills, and the end result is alienation of the kids. I've seen that time and time again. Also when its a daily issue and every day is talking about the ex, or undermining them, then its time to focus on other things or change ones life. So just another perspective on those step parents laws.
Submitted by tiff on Tue, 03/27/2007 - 7:42pm
I am present everday in my skids lives, I pay for their private school education, I take them and pick them up from the school I pay for. I raise them as my own. Their BM abandoned them several times and is a drug addict who is lucky to get the supervised visits she does. Now BM doesnt deserve any respect because of what SHE has done to my skids. I dont want control over her by any means - but i ask you this What would she do with the school records? She doesnt need them or care about them. I need the right to be able to sign report cards and permission slips, to speak with their teachers and pick up assignements and homework. which I have because I am a legal GUARDIAN and thats only because they live with me and their father full time. Not is it only convient for me to be able to do these things , since I am the only real mom my skids have it is also benefical to them for me to be involved. And when I say only real mom I mean that in any woman can have a baby but only a mommy can step up and take care of the children she loves like I have.
Submitted by Anne 8102 on Tue, 03/27/2007 - 7:51pm
That response was to a cut-and-paste I did of an actual LAW. That person's opinion doesn't matter. I think they thought they were rebutting my opinion, but I wasn't posting an opinion, I was posting the text of the actual law. He/she can disagree all they want, but the laws are what they are and until that law is changed, his/her opinion just doesn't matter.
You are doing such a wonderful job for your girls. They are too little to know it and show it now, but someday they will have children of their own and they will KNOW what you've done to them and they will really appreciate it. It takes someone really special to mother a child, especially another woman's child. You are an angel!
Ladies and gentlemen, take my advice: Pull down your pants and slide on the ice! -M*A*S*H (Sidney Freedman to the OR staff on dealing with stress)
Submitted by volleyball mom (not verified) on Wed, 03/28/2007 - 5:02pm
they were talking about those who abuse the system. Not people who have absent bm's ect. who have to step in to care for the children. I would agree theres quite a lot who are on power trips, and misuse the courts. There are some on here that do that and then complain the kids don't want to see them, but they aren't seeing their abusing the system and other family. With that being said, that goes with bm's or Dh's.
Submitted by Anonymous (not verified) on Wed, 03/28/2007 - 1:21am
I get sick and tired of reading posts where obviously you can tell that you're dealing with a bio rebutting out of their ass, thinking that they are all high and mighty because they have kids and it's the stepparents fault. Hello, in my situation, the only thing that is happening is the 'victim mom' is alienating her child from the dad, and she's the one taking him to court every three-six freaking months, thank you! Not the dad, he's too busy trying to make ends meet to benefit her.
Thanks Anne for posting that! The law is the law and I'm a stepparent that will be saving that info!
Submitted by OldTimer on Wed, 03/28/2007 - 3:35am
Now, if we can just get the courts to recognize us more.
Man has the intelligence to change his life,
Sometimes, he just fails to use it.
Submitted by tiff on Wed, 03/28/2007 - 4:02pm
Thanks anne for posting that law and also for the encouraging words - as always. Step mom we do deserve that recognition
Submitted by tiff on Wed, 03/28/2007 - 4:07pm
according to that law I am a legal guardian, but when I looked up what one is I am not- I have to be appointed by the court, not just live with them- so I can do the school stuff and the school condsiders me one but I cannot consent medical treatment and financial stuff. Does anyone know how I go about getting to be a legal guardian or even if I can do that? I cant petition to adopt right now cause BM is in rehab - but I am trustee of my DH's life insurance policy for the girls. Guardianship would be the next best thing - I wonder if the court would make me one.
Submitted by Anne 8102 on Wed, 03/28/2007 - 4:22pm
I know he has primary physical custody, but what about legal custody? If he has sole legal custody, then he can easily fill out guardianship forms (without her permission) naming you as guardian in the event of his death or incapacity. If your courthouse has a self-help center or has the forms online, it should be as simple as filling them out, having your husband sign them before a notary and then filing them with the court. (Works kind of like a will or a power of attorney, make sure you have an original yourself and one on file with an attorney or the courthouse.) I don't think you have to be appointed by a court or anything, unless it's a case of total abandonment and there's no bio parent available, in which case a judge would appoint someone. Parents do this all the time in their wills, naming a guardian for their children in the event of their deaths.
Ladies and gentlemen, take my advice: Pull down your pants and slide on the ice! -M*A*S*H (Sidney Freedman to the OR staff on dealing with stress)
Submitted by tiff on Wed, 03/28/2007 - 4:39pm
he has sole physical custody and sole parental responsibility. Thank you soo much Anne for the info- I'm going to look online nnow for the papers.
Submitted by Anne 8102 on Wed, 03/28/2007 - 4:45pm
Good! Glad to help, let me know what you find out. I know in our state it was just a matter of filling out a form and filing it, but different states probably have different laws. Definitely post what you find out. it might help someone else in your neck of the woods.
Ladies and gentlemen, take my advice: Pull down your pants and slide on the ice! -M*A*S*H (Sidney Freedman to the OR staff on dealing with stress)
Submitted by septembers_child on Wed, 03/28/2007 - 5:46pm
If DH gives you a power of attorney regarding your step child..You will have as much right to the childs information as the bio parents do.
Submitted by tiff on Wed, 03/28/2007 - 7:01pm
both sept child and anne for your help
Submitted by Jenifer_Roberts on Tue, 10/04/2016 - 12:02am
It is good to participate within the education of the step children's that is incredibly helpful for them that they keep a watch on their studies by that they will offer some suggestions and provides some facilitate to them for their studies that is vital for them pay for assignments.