Legal Question in Education Law in California

I am a non-custodial parent. Am I entitled to communicate with my child's school in regards to behavioral issues, grades, school records requests, suspicous bruising on my child and when the school officals/staff tells you that your child came to them saying that my child stated that her father is bullying her and that she is getting pushed around.

I wanted to know if a school can halt all communication with a non-custodial parent without a court order. It does not state anywhere in our parenting plan that I can not have access to my child's records. Here is what the parenting plan states: "Both parents shall have access to the child's medical, therapy, dental and school records.

So I wanted to know if the school can ban, halt, stop or refuse to not communicate with me regarding my child's education or education records with me or the issues I listed above?

If they are not permitted to halt, stop, ban or refuse to communicate with me where is the Federal or State law that says this.

Thank You

I am seeking an attorney that is not going to give me a smarta@@ answer like a past attorney did. I have seen him on here and he has been rude to several people not just myself so please I am seeking an attorney that will give me a clear answer and also possibly retain thier services.

Asked on 5/20/13, 12:42 pm

2 Answers from Attorneys

Andrew Harrell W. Andrew Harrell, Attorney at Law
0 users found helpful
0 attorneys agreed

Either you or your attorney representative should go to the school's legal counsel and explain the situation. The court order from the family law judge looks like the usual boilerplate to me. Show the school's legal counsel the family law order. Ask the school's legal counsel why he or she doesn't think this order applies to a parent's access to her/his child's academic records, etc. Indicate that you expect immediate compliance with the order, including access to all student information, and that no delays will be acceptable. If there is not compliance, go back to the family law judge, seeking a motion ordering access. In the motion request costs, attorneys fees, sanctions, etc. Bring the school board into court to explain why they have not complied.

Read more
Answered on 5/20/13, 12:56 pm
Timothy McCormick Libris Solutions - Dispute Resolution Services
0 users found helpful
0 attorneys agreed

Mr. Harrell is mistaken as to a number of issues. Most significantly - a family law order is not binding on third parties unless they are made nominal parties to the family law proceedings, e.g., when a pension plan is brought in so that a QDRO order can be issued. He is also mistaken that there is any way to obtain attorneys fees and sanctions against a party for not complying with an order that was not issued in a proceeding in which they were a party and was not issued to that party. This questioner may or may not have rights to view her child's school records, but they most certainly do not arise out of the parenting plan between her and the child's father.

It should also be noted that she is not asking about access to the records. She is asking about a right to "communicate." This questioner has contacted me by private email and laid out a great deal of information. Included in that information is the fact that she has filed numerous police and CPS reports, all of which have been found to be unsupported. If I recall correctly, she has even been ordered by the family court to stop filing such reports. So now she has turned to the school, trying to get them to report abuse. It does not appear to be surprising that the school now refuses to "communicate" with her. She has no right to "communication."

If she shows up at the school and requests the records, I am sure they will show them to her. That is what she is entitled to. If they don't, she has a full set of rights under California Education Code section 51101. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=edc&group=51001-52000&file=51100-51102 Those rights do not include a vague right to "communication."

Read more
Answered on 5/20/13, 1:17 pm

Related Questions & Answers

More Education Law questions and answers in California

Looking for something else?

Get Free Legal Advice

88423 active attorneys ready to answer your legal questions today.

Find a Legal Form

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Form

Featured Attorneys

Anthony SmithLawSmithLee's Summit, MO
Michelle ScopelliteGoldstein & Scopellite, PCTucson, AZ
Anthony RoachLaw Office of Anthony A. RoachChatsworth, CA
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now