Legal Question in Family Law in Tennessee
joint custody
In a joint custody arrangement, is there a law which requires a school to provide information and correspondence regarding the minor child/student to each parent?
1 Answer from Attorneys
Re: joint custody
Yes. But not just when there is a joint custody agreement or order.
Under the Family Educational Rights and Privacy Act (FERPA), also known as the Buckley Amendment, both
parents have the same rights of access to the school records of their children, whether the parent has custody or
not, and even if the parent has restricted visitation or the custodial parent has expressly told the school not to
allow the other parent access to the records. The full language of FERPA appears at 20 USC 1232g. The
Federal regulations related to the law are found in the Federal Register (34 CFR Part 99). FERPA's 1994
amendments are found in Public Law (P.L.) 103-382.
FERPA gives both parents equal access to student information unless the school is provided with a court order
revoking the right of access. When students reach age eighteen, or when they become enroll in a post secondary
education institution, the rights under FERPA transfer to the students -- in other words they become the ones
with the rights to their school records, not their parents.