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Does a Non-Custodial Parent Have the Right to School Records?

Use the free tool — School Records Request

Short answer

Yes. A non-custodial parent generally has the same right to see and copy a child's school records as any other parent — unless a court order says otherwise, according to the Student Privacy Policy Office — Divorced parents.

What federal law says

Under FERPA, both parents have equal rights to inspect and review the student's education records unless a court order or state law revokes those rights.

• The school must let the requesting parent inspect and review the records within a reasonable time, and not more than 45 days after the request, according to the U.S. Dept. of Education — FERPA for parents.
• The school may charge only for copies, not for the right to inspect, unless that fee would prevent access.
• The school cannot destroy a record while a request to inspect it is pending.

What Florida law says

Florida's student-records law, Fla. Stat. 1002.22, mirrors FERPA and gives parents the right to inspect and review, to request correction, and to a hearing if the school refuses to correct a record.

What can take away this right

A court order can remove a non-custodial parent's FERPA rights. If such an order exists, the school should have a copy on file. If there is no court order limiting access, the school cannot refuse a parent's request just because that parent lacks custody.

What to put in the request

A FERPA request letter should include:

• Date, student's name, date of birth, grade, and school
• The specific records requested
• Citation to FERPA and Fla. Stat. 1002.22
• The purpose and any deadline — for example, an IEP or 504 meeting, a discipline hearing, or a transfer
• The form requested — inspect in person, electronic copies, or paper copies — and a request to waive copy fees if there's a hardship
• A request for the records before a stated date, no later than 45 days
• A request for written confirmation, and a signature with contact information

Send it to the principal and the district's records custodian by email, and follow up with a dated paper copy.

If the school says no or stalls

Send a second dated letter to the district's student-services office or general counsel. If that doesn't resolve it, a complaint can be filed with the U.S. Department of Education's Student Privacy Policy Office. For a custody dispute, a discipline hearing, or a special-education matter, talk to an advocate or attorney — this is not legal advice.

Directory information

Some basic facts — name, address, phone, photo, honors, activities — count as "directory information" under FERPA and may be released without consent unless a parent opts out in writing under the school's annual notice, according to the Student Privacy Policy Office — Directory information.

What to do next

This page explains general rules; it is not legal advice, and district procedures differ — confirm details with your school or an attorney if there's a dispute. This free tool reads what you type — which records you need, from which school, and why — and turns it into a request letter citing FERPA and Fla. Stat. 1002.22, with the 45-day deadline calculated for you. Nothing you paste is stored.

School Records Request explains FERPA and Florida student-records law in plain language; it can be wrong, and it is not legal advice. District procedures differ. Nothing you paste is stored.