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FERPA, C.S.S. 14-10-123.8 and PAS (Colorado and Texas)   Message List  
Reply | Forward Message #1276 of 1974 |
Got the reply for the University High School about my request to see Catherine's school records. They're the ones I requested school information (where Catherine's school records   were transferred to, etc). I requested this on February 15, 2005. They then informed me that Catherine had been taken out of their school on December 16, 2004 and has not returned.
 
This is their reply:
 
Dear Ms. Bean,
 
The University's counsel, Paul Chan, has advised that we not comply with your request.  He would be happy to talk to your lawyer about the situation.  His phone number is (303) 871-4644.
 
Best wishes,
 
Rex Brown
Director
University of Denver High School. 
 
I attempted to attend the Parent Teacher Conference in September, 2004 but was advised not to come, because my bio Mom was making such a big deal about it and that Catherine would be there with her. The school administrator and I discussed that my bio Mom would probably make a scence, which wouldn't be good. So, I declined to attend. I wrote them a letter then about rescheduling a better time. They never replied to that letter.
 
We live in Colorado. The Court Order is out of Texas. That Order:
 
Names my bio Mom and her husband as "nonparent joint managing conservator" and my former husband and I as "parent possesory conservators."
 
It has a blurb in it about some school information:
3. Right to attend but not disrupt school activities.
4. To be notified of school activities by the school.
5. To consult but not harass school officials.
6. To be nofitied in the event of an emergency involving Catherine.
 
My questions:
According to FERPA and Colorado State Statute 14-10-123.8 I'm entitled to the school records and to know where she was transferred, right?
 
Suggestions?
 
FERPA and CSS are below
 
I notified the school today:

Just some FYI.....

In 1996 (my bio Mom) took Catherine to Mexico without my written permission. Again that is part of Court evidence.

In March 1996 there is a 2nd degree kidnapping report filed in Adams County against (my bio Mom and her husband) for refusing to bring Catherine back to me from a visitation.

In 1997 (my bio Mom) escorted Catherine to Texas without beneift of a Court Order. That is where my former husband was already at. They then both hid Catherine from me for most of 1997 and part of 1998. That is part of Jefferson County Court documents.

(my bio Mom) attempted 6 times between 1998 and 2003 to get Catherine a Passport without my written permission. Those documents, from the actual Passport Office are part of Texas Court evidence.

In 2002, (my bio Mom) took Catherine to Mexico without benefit of a Court Order. There are Court documents from a report she filed with pictures of them on that trip.

The Grants at present hold an Open Passport for Catherine, because of the June 8, 2004 Texas Court Order.

I have not seen Catherine since February 7, 2004, because (my bio Mom and her husband) won't provide her for visitations.

Texas Court Enforcement state they cannot help enforce their own Order, because Catherine doesn't live in Texas.

Texas won't release the Case back to Colorado despite the fact Catherine has lived here from 1990 to early 1997 and then from late 1998 to December 16, 2004. I say December 16, 2004 since that is the last known date I actually knew where she was going to school. I do not know where she lives nor have I since June 2004.

The Grant's have put their house on the market....this is the one they left last summer and moved into Denver so Catherine could go to Denver University High School.

It's on the market for $2,000,000.00

I have no idea where their address is in Denver or if they're even still in the State, let alone Country.

In reviewing the Court Order it says they have, "the right to establish the primary residence of the child and to make decisions regarding the child's education."

It says nothing about them making that Colorado. They have an open Passport, so they can move her anywhere. They have the residence in Bai Son Kino, Mexico.

There are penalties for them not contacting the Courts about their address change "before the 5th day after the change." The penalties are possibly time in jail or a "$500 fine for each violation."

You have on file at Denver University High School a copy of that Court Order.

These are audios from my last phone conversation with (my bio Mom) in February 2004. (I had to delete the files in the email I'm sending out, because it states in the Court Order that I cannot list them on the Internet - but if anyone wants a copy of the documents, I can upload them to you)

XXXXXXX files

XXXXXXX files

They're some of her "nicer" comments. Seriously, this is her being nice to me. She has made much ruder statements, especially while I was growing up.

The reason she says "kidnappers" is because she had been telling others for years I was going to kidnap Catherine. I had also at the time placed a website on the Internet describing the facts of the Colorado and Texas lawsuit.

Look at the times she's applied for a Passport and hidden Catherine already.

Also I invite you to listen to my National radio interview at http://www.krightsradio.com/passtarta1a.php

You will have to scroll down to Show 3. It will take about 35 minutes for you to listen to. The interviewer talks for 15 minutes and then I'm interviewed.

My concern is for the safety and welfare of my daughter, Catherine. My concern is in locating her.

I look forward to your reply on the other letter(s). Should you feel it not necessary to reply I do have a letter, including a copy of this one to the Department of Education Complance Office, the Colorado Department of Education, the State Board of Education, Legislators, Congressmen, Senators, President and the attorney(s) for the Denver University of High School.

Sincerely,

Christine Bean

FERPA

GENERAL
Family Educational Rights and Privacy Act (FERPA)

The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.

FERPA gives parents certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are "eligible students."

Parents or eligible students have the right to inspect and review the student's education records maintained by the school. Schools are not required to provide copies of records unless, for reasons such as great distance, it is impossible for parents or eligible students to review the records. Schools may charge a fee for copies.

Parents or eligible students have the right to request that a school correct records which they believe to be inaccurate or misleading. If the school decides not to amend the record, the parent or eligible student then has the right to a formal hearing. After the hearing, if the school still decides not to amend the record, the parent or eligible student has the right to place a statement with the record setting forth his or her view about the contested information.

Generally, schools must have written permission from the parent or eligible student in order to release any information from a student's education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31):

School officials with legitimate educational interest;

Other schools to which a student is transferring;

Specified officials for audit or evaluation purposes;

Appropriate parties in connection with financial aid to a student;

Organizations conducting certain studies for or on behalf of the school;

Accrediting organizations;

To comply with a judicial order or lawfully issued subpoena;

Appropriate officials in cases of health and safety emergencies; and

State and local authorities, within a juvenile justice system, pursuant to specific State law.

Schools may disclose, without consent, "directory" information such as a student's name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. However, schools must tell parents and eligible students about directory information and allow parents and eligible students a reasonable amount of time to request that the school not disclose directory information about them. Schools must notify parents and eligible students annually of their rights under FERPA. The actual means of notification (special letter, inclusion in a PTA bulletin, student handbook, or newspaper article) is left to the discretion of each school.

For additional information or technical assistance, you may call (202) 260-3887 (voice). Individuals who use TDD may call the Federal Information Relay Service at 1-800-877-8339.

Or you may contact us at the following address:

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-5920

Colorado State Statute 14-10-123.8. Access to records

Statute text

Access to information pertaining to a minor child, including but not limited to medical, dental, and school records, shall not be denied to any party allocated parental responsibilities, unless otherwise ordered by the court for good cause shown.

History

Source: L. 98: Entire section added, p. 1380, § 9, effective February 1, 1999.

Annotations

ANNOTATION

Annotations

Because father receives parenting time, this section entitles him to have access to his child's records absent a showing of good cause for depriving him of that right, despite fact that mother is sole custodian. In re Schenck, 39 P.3d 1250 (Colo. App. 2001).



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Message #1276 of 1974 |
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Got the reply for the University High School about my request to see Catherine's school records. They're the ones I requested school information (where...
Christine Bean
christinebean2u
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Mar 2, 2005
10:32 am

Hi everyone, Just wanted to tell everyone THANK YOU so much for all your help and suggestions. I really appreciated it. No updates right now, but will keep you...
Christine Bean
christinebean2u
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Mar 2, 2005
10:33 am
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