Legal Question in Education Law in New Hampshire

I am unhappy the private school my daughter is currently attending. I will be applying to other private schools in hopes of moving her. I believe the school will try to hurt our applications by writing things that aren't true. My daughter is an excellent student and has NEVER been in trouble there - all her progress reports state she is thriving and exceeding in every way. Can I ask that the school give me copies of the forms they fill out and mail directly to the schools we are applying to????????


Asked on 9/01/10, 6:51 am

1 Answer from Attorneys
James Baron Law Office of James M. Baron

If the school maintains those forms on file, then yes. If the school just fills the forms out, sends them, and doesn't keep a copy, then probably not. This is defined in the Family Educational Rights and Privacy Act, (FERPA), 20 U. S. C. 1232g et seq. The key is whether the records "are maintained by an educational agency or institution." see 20 U.S.C. 1232g(a)(4)(A)(ii). Assuming the forms are maintained at the receiving school, at the very least you should have access to them there.

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Answered on 9/06/10, 4:58 pm


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