Do non-custodial parents have access rights to student records?
A. Parents, custodial and non-custodial, as well as legal guardians have access to student information unless the agency or school has evidence of a court order or state law revoking these rights. Parent rights extend to surrogate parents of children with disabilities. See Exhibit 5-1 for the pamphlet, Rights of Non-Custodial Parents, developed by the Family Policy Compliance Office of the U.S. Department of Education. Q. What do I do if a non-custodial parent requests to amend an education record? A. You would follow the same procedures as you would for amending records for custodial parents. See Exhibit 5-1. Q. Must I give my notes on a student to his or her parent? A. If teachers’ or counselors’ notes are not maintained in the education record of the student and are not shared with anyone else, it is not considered part of the education record by FERPA. Teachers may choose not to give their notes to parents. See Section 2 for the definition of an education record. Q. What are the ac