Taylor v. Vt. Dep't of Educ.

313 F.3d 768 (2d Cir. 2002) ; Clearinghouse Number: 55081

Description

Noncustodial Parent May Access Her Child’s Educational Records Under IDEA, Says Second Circuit

Abstract

The Second Circuit held that plaintiff had an individual right to record access under the Individuals with Disabilities Education Act (IDEA) but not under the Family Educational Rights and Privacy Act (FERPA). Plaintiff noncustodial parent sought to compel defendant school district to give her an independent evaluation and access to her daughter’s educational records. Plaintiff alleged that defendant’s failure to do so violated her rights under both Acts’ record-access provisions. Pursuant to a divorce decree, family court had awarded full custody to the child’s father. The district court had ruled that, as a noncustodial parent, plaintiff lacked standing to sue under both Acts. On plaintiff’s appeal, the Ninth Circuit barred plaintiff’s FERPA claim because FERPA did not create an individual right enforceable under Section 1983. The Ninth Circuit reasoned that the statutory language did not express congressional intent to create a private right of action. Also, since domestic relations fell within the traditional sphere of state authority, the Ninth Circuit found that plaintiff lacked standing to challenge the appropriateness of her child’s individualized education program evaluation under IDEA. However, the Ninth Circuit ruled that plaintiff should be allowed to pursue her record-access claim under IDEA because the custody decree had not revoked her informational-access prerogatives.

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Attorney Information
Docket Date
2002-12-20 00:00:00+00:00

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