Miss. Code. tit. 7, pt. 22, app 7-22-A
8TH CASE of Level I Printed in FULL format
Office of the Attorney General of Mississippi
Slip Opinion
February 9, 1981
Re: Privacy of Student Records-Rights of Non-custody Parents
Dr. J. D. Prince, Superintendent
Tupelo Municipal Separate School District
P. 0. Office Box 557
Tupelo, Mississippi 38801
Attorney General Allain has received your letter of request dated January 19, 1981, and has assigned it to me for research and reply. Your inquiry States as follows:
There are instances where divorce courts grant custody of the children to one parent. We recognize that custody refers to the physical possession of the child by one parent excluding the other. Often times parents with custody want to keep the other parent cut off from information about the children. We face a problem in that Federal records specifically instruct us to allow "parents" to have access to the school records of their children. The definition of "parent" does not indicate whether or not the parent has or does not have custody.
Our specific question is, "If a non-custody parent asks to receive copies of student's report cards or requests to look at the cumulative record folder or desires to obtain other information relating to the child's academic progress, are we permitted to provide such records for .the non-custody parent in the absence of a court order specifically restricting us from showing such records to the non custody parent?"
The family Educational Rights and Privacy Act of 1974 found at 20 USC@ 1232 (g make no distinction between custody and non custody parents.
Therefore, if a non-custody parent requests information concerning 'his child's records, the school district would be permitted to provide such records in the absence of a court order terminating the parental right.
If this office can be oT benefit in the future, please do not hesitate to contact us.
ALLAIN, ATTORNEY GENERAL
By Susan L. Runnels, Special Assistant
BILL ALLAIN, ATTORNEY GENERAL
By Susan L. Runnels, Special Assistant Attorney General
Miss. Code. tit. 7, pt. 22, app 7-22-A