You are on page 1of 2

I am not a lawyer and this is not legal advise. Have you considered contacting the US Department of Education?

to have a review board to investigate violations of FERPA: They're required

" (g) Office and review board; creation; functions The Secretary shall establish or designate an office and review board within the Department for the purpose of investigating, processing, reviewing, and adjudicating violations of this section and complaints which may be filed concerning alleged violations of this section. Except for the conduct of hearings, none of the functions of the Secretary under this section shall be carried out in any of the regional offices of such Department." The US Supreme Court relied upon this mechanism, in part, when it said in GONZAGA UNIVERSITY and ROBERTA S. LEAGUE, PETITIONERS v. JOHN DOE: "FERPA’s nondisclosure provisions contain no rights-creating language, they have an aggregate, not individual, focus, and they serve primarily to direct the Secretary of Education’s distribution of public funds to educational institutions. They therefore create no rights enforceable under §1983." They also explained their logic in denying the particular request further by saying: "Title VI provides: “No person in the United States shall … be subjected to discrimination under any program or activity receiving Federal financial assistance” on the basis of race, color, or national origin. 78 Stat. 252, 42 U.S.C. § 2000d (1994 ed.) (emphasis added). Title IX provides: “No person in the United States shall, on the basis of sex . . . be subjected to discrimination under any education program or activity receiving Federal financial assistance.” 86 Stat. 373, 20 U.S.C. § 1681(a) (emphasis added). Where a statute does not include this sort of explicit “right- or duty-creating language” we rarely impute to Congress an intent to create a private right of action. See Cannon, 441 U.S., at 690, n. 13 (listing provisions); Alexander v. Sandoval, 532 U.S. 275, 288 (2001) (existence or absence of rights-creating language is critical to the Court’s inquiry)." But look at the language of FERPA regarding parents rights: "the parents of students who are or have been in attendance at a school of such agency or at such institution, as the case may be, the right to inspect and review the education records of their children." IMHO as a non-lawyer that is EXACTLY the type of unambiguous rights-creating language with an individual focus that would give any institution denying the parents of students inspection and review status under §1983 to sue that institution in federal court. If I were you, I would contact the US Department of Education and figure out how to contact the FERPA office and review board, figure out how to make a formal complaint, and make it. Also, if possible, I would find others in the same

situation to make the same complaint if possible. Whether or not I was able to resolve this issue, I would feel that my rights under FERPA and as a parent had already been violated, and if possible, seek legal redress in federal court with the help of a lawyer. IIRC, I think that once a federal court has obtained jurisdiction on any part of a matter, it retains jurisdiction on the whole matter, which, given that I believe you have alleged that several parties have engaged in a conspiracy against your rights, preventing you any contact with your child, may mean that all of their behaviors and actions may be subject to federal jurisdiction. A federal lawyer would know how to do these things.