Published October 2012
Federal and state law on children in foster care requires child welfare agencies and school districts to cooperate to meet the educational needs of children in care. It is important to share information, to the maximum extent appropriate, to better serve this vulnerable population. To improve information sharing, Director Jason Glass entered a supervisory order declaring that court-appointed guardians ad litem in juvenile court cases (cases involving children who are in need of assistance [abuse and neglect] and children who are alleged to be delinquent) meet the definition of “parent” under FERPA.
If a school or an AEA receives a copy of a juvenile court order appointing an individual as a guardian ad litem for a child, the school or AEA shall recognize that guardian ad litem as the child’s parent for purposes of FERPA. This includes the right to inspect and review records and the right to consent to release records to others.
Order: Book 26 Decision 250