Records Request After Divorce: Protocols, Custody, and Pressure

The mother is a parent with joint legal custody and has a legal right to inspect and review her son's education records, including the evaluation report, standard scores, percentile ranks, raw scores, and the test protocols, unless a court order specifically limits her rights. The school's blanket policy that protocols are 'not released to parents' cannot override FERPA and IDEA. Under FERPA, the school must respond within 45 days (or the shorter state timeline) and may require that inspection occur in a supervised setting, but it cannot deny access solely because the records are copyrighted or because the father objects. The school may redact information about other students and may charge a reasonable copying fee. The attorney's request should be treated as the mother's request, with written authorization if the attorney is acting for her. The evaluation report and raw scores should be released promptly. For the protocols, the school can offer a meeting to review and explain them, but if the mother insists on copies, the safer legal course is to provide them or seek district legal counsel-not to rely on the local policy.

The father's objection does not cancel the mother's rights under joint legal custody. The school should not referee the divorce or let one parent veto the other's access without a court order. I would notify the father, in writing, that a records request has been made and that he also has the right to inspect and review the same records. If the parents' custody agreement includes specific restrictions on education records, the school should follow the court order. Otherwise, the principal should be advised that withholding records from a custodial parent creates legal risk and may harm the student's access to tutoring and due process. I would document the request, the response, and the legal basis, and consult the district's records officer or attorney. Ethically, I should avoid aligning with either parent and focus on the student's educational interests. If the conflict escalates, the school can offer a joint meeting or separate appointments, but it should not delay the mother's access beyond the legal timeline.

Practically, I would prepare a redacted copy, removing any information about other students, and offer the mother a supervised review with me present to explain the scores and item responses. I would provide copies if required by law or district counsel; I would not withhold them merely because test publishers claim copyright. Ethically, I should be transparent about what the protocols do and do not show, avoid overinterpreting single items, and protect test security as much as possible without violating parent rights. I would also explain that raw scores and item responses are not a diagnosis and can be misread without training. If the mother wants the records for a due process hearing, the district's attorney may need to be involved, but that is not a reason to delay. I would keep a written log of what was released, to whom, and when. Finally, I would use this case to advocate for a clearer district policy that aligns with FERPA and IDEA, so future requests do not put psychologists in an adversarial position.