A post on "More Humbly Did I Teach," a blog by a Baltimore teacher, brings up a common situation for teachers - which parent should you talk to in a divorced family?
Under federal law, all parents are entitled to access student records of minor children, regardless of any custody arrangement. There are really only two exceptions to this:
1. Parental rights have been TERMINATED (this is a severe situation and has nothing to do with custody. When one parent is given sole custody, that does NOT mean that the other parent's parental rights have been terminated)
2. There is a court order that restricts one parent from accessing information. Such a court order will usually be found in the custody order.
That's it. Unless a court says in writing that a parent has no right to information, then a parent has a right to information. Even if the parent has no visitation rights or a restraining order has been issued, the parent has a right to information about their child unless one of the two exceptions above apply.
As a teacher, if you are in doubt, talk to your campus administrator and follow their instructions. If the campus administrator is in doubt, then they can request a copy of the relevant court documents.
If a parent tells you that you may not communicate with the other parent, ask them to provide the school with a copy of the court order that says so.
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