When Is a Step-Parent a Parent for Purposes of Disclosing Educational Records?
An April 15, 2009 letter from the Family Policy Compliance Office (FPCO) addresses a complaint filed by a parent indicating that the school improperly disclosed the student's private educational information to a step-parent and grandparent during a meeting at school. If the child's father has parental rights and permitted the disclosure to the step-mother and grandmother, FERPA does not prohibit the disclosure, despite the objection of the biological mother. Furthermore, the term "parent" includes "an individual acting as a parent in the absence of a parent or a guardian". The US DOE has determined that a parent is "absent" if he or she is not present in the day-to-day home environment of the child. Therefore, if the step-parent is present in the home of the child on a day-to-day basis and the mother is not present, the step-parent would be considered a "parent" for purposes of FERPA and, according to the FPCO letter, disclosures of educational records to the step-parent would be permissible.
Do you have a link to that letter from FPCO?
Tom: We can't post a link to a copyrighted segment of the LRP reporter, but the letter is called Letter to Anonymous, 109 LRP 25235 (April 15, 2009). FPCO should be able to supply a copy with that information. If I can find it on the ed.gov website, I'll insert a link.
Michelle