Littleton, CO asked in Education Law and Family Law for Colorado

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

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2 Lawyer Answers
Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Fort Collins, CO
  • Licensed in Colorado

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).

Stephen J. Plog
Stephen J. Plog
PREMIUM
Answered
  • Tampa, FL
  • Licensed in Colorado

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.

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