Q: Can a non- parent access student from the Denver Public Schools under FERPA
I am the non-custodial parent of a student who attends Northfield High School in Denver. There are orders for supervised visitation in place. Can I request her records under these circumstances? Thanks
A: Under FERPA disclosure of a student's records are generally restricted to parents (legal) and school administrators. There are exceptions. For step-parents or other non-legal parties to get access either have one of the legal parent(s) request the information from the school or have the parent(s) provide written consent to disclose and send this to the school. If this relates to a court case, you can also subpoena the information by requesting a judge to sign-off on the subpoena duces tecum (note: this must occur with a court filing and not in open court at the hearing or conference). FYI: a subpoena duces tecum is just a fancy way to say request document(s).
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Colorado
- (813) 592-5000
- View Profile
- Answered
A: C.R.S. 14-10-123.8 indicates that you can access records if you are a parent to whom parental responsibilities have been allocated. If you share in decision-making you should be able to get to records. If you even have parenting time, which arguably could be called "parental responsibilities," you should be able to get records. Not familiar with FERPA.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
