Wants access to records (includes parent/teacher conf.)

Wants access to child (includes picking up child, having lunch with child at school)

Custodial Parent (children live with)

Receives all information, report cards, notes home, etc.

Full access to child, subject to attendance center rules.

Non-Custodial Parent (children do not live with)

NOTE:  Iowa Supreme Court states that this is the responsibility of the custodial parent.  However, FERPA requires you to respond to a request from either parent.  You DO NOT have to send information to the non-custodial parent if that parent has not asked for anything.

Per FERPA, non-custodial parent has same rights as custodial parent to child’s records.

If custodial parent doesn’t want other parent getting records or attending p/t conferences, put burden on custodial parent to provide a court order that limits other parent's right to access records.  DO NOT make non-custodial parent produce an order that states that s/he is entitled to access;  the law gives him/her access absent an order to the contrary.

If terms of court decree or order clearly and specifically state that the non-custodial parent has visitation at the time and date requested, it’s OK.  If decree or order just states “liberal and reasonable visitation,” consult your school attorney.

Step-Parent (married to custodial parent;  children live with)

No independent rights of access;  must access via spouse. 

May attend p/t conference (with or without spouse).

OK only with consent of spouse;  do not have to get consent of non-custodial parent.

Step-Parent (married to non-custodial parent;  children do not live with)

No independent rights of access; must access via spouse.

May attend p/t conference with or without spouse, unless there is a court order to the contrary.

If decree is specific as to time and date of visitation, step-parent may pick up children.  If  decree is not specific, only OK with consent of custodial parent. 

Grandparents, any relatives

If grandparent is the guardian, OK.  Also OK if grandparent obtains written consent from either parent, or has a court order or decree allowing such access.

If grandparent is the guardian, OK.  If not, put burden on grandparent to get written consent from CUSTODIAL parent or a court order that is specific as to times and dates.

Court-Appointed Guardian

Full access

Full access

Foster Parent

NOTE:  Just because a child may be in foster care does not mean that the parental rights have been terminated!

Only way a foster parent has access to records is with written consent or direction of DHS office.

Full access;  but cannot file for open enrollment, home schooling (CPI), etc., if parental rights have not been terminated and even then, not without written consent of DHS office.

Complete Stranger – includes a man claiming to be the father but who is not legally recognized as such

No rights without custodial parent’s written consent.

Ditto.