Do custodial and noncustodial parents have the same rights under FERPA?

Published: July 22nd, 2016

Unless a judicial decree or court order identifies a specific person or persons to act as the “parent” under the IDEA or to make educational decisions on behalf of a child, or there is evidence that a biological or adoptive parent does not have legal authority to make educational decisions for the child, the rights accorded to parents, as that term is defined in the federal regulations at 34 C.F.R. 300.30, apply to both custodial and noncustodial parents. [34 C.F.R. § 300.30(b)(1) and (2)]