The Stepparent's Records Request

• Start with legal status, not the principal's instruction. FERPA rights generally belong to Maya's biological parents until she turns 18 or enrolls in postsecondary education. Joint legal custody usually means both mother and father retain rights unless a court order specifically limits one parent's educational access. No such order is described, so either biological parent may request records.
• Do not treat the stepmother as an independent FERPA parent on these facts. A stepparent may qualify in some circumstances as a person acting in the absence of a parent, but here the father is present and has rights. The stepmother is not automatically entitled to counseling notes merely because she is married to Maya's father. She can be included in a meeting only with authorization from a parent with rights or as district policy permits, but notes should not be released to her directly.
• Determine what the notes actually are. Locked, separate notes that have not been shared may qualify as sole-possession records outside FERPA's definition of education records. That changes if they are shared with the principal, placed in the cumulative file, or used in school decisions. Because the principal is already asking for a summary, consult district legal counsel before creating or releasing anything.
• Respond without releasing. Acknowledge the stepmother's message, explain that custody and records-access rules must be verified, and offer to meet with the parent who has rights. Do not provide the requested summary 'to keep the peace'; a summary derived from counseling notes can itself become a disclosure and an education record.

With Maya: meet promptly and revisit the limits of confidentiality from the first session. Explain that her stepmother asked for notes and that the principal suggested a summary. Do not promise absolute secrecy. Ask what Maya is comfortable sharing and what she fears will happen at home. Explain that biological parents generally have FERPA rights, that the stepmother does not automatically have those rights, and that you will consult before releasing anything. This preserves trust while being honest about your obligations.

With the principal: explain that the stepmother is not an independent FERPA requester on the facts given, that releasing notes or a summary could violate FERPA and counseling ethics, and that the district legal office should be consulted. Offer a safer alternative: a meeting with the father or mother, or a general explanation of the counseling program, not Maya's disclosures.

Documentation: record the stepmother's request and date, the principal's direction, your response, the custody information you verified, any legal consultation, the decision and its rationale, and your conversation with Maya. Keep documentation factual and limited to what is necessary. If a parent with rights later requests access, follow the same record-type analysis before responding.

Verify his identity and the current custody order before doing anything else. Then determine whether the counseling notes are education records or sole-possession records. If they are education records, FERPA generally gives a parent the right to inspect and review them within the district's established timeline, commonly within 45 days; redact information about other students and handle sensitive third-party information consistently with district policy and state law. Do not release the file to the stepmother.

If the notes are sole-possession records, FERPA may not require access, but state law, district policy, and professional ethics may still counsel a limited response. Consult legal counsel and your supervisor before refusing. Tell Maya what is happening in developmentally appropriate terms. If the request is actually a subpoena or court order, do not respond on your own; route it to district legal counsel. Throughout, distinguish a parent's right to inspect records from a counselor's clinical judgment about how to discuss those records with the student.