I need a copy of my kids report cards, but the school is withholding because of financial obligations. I just need copies, not official transcripts. ...

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I need a copy of my kids report cards, but the school is withholding because of financial obligations. I just need copies, not official transcripts.

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DakotaLegal's picture

 

 
I wish I knew what kind of school this is, but we’ll get to that. At any rate, there will be some common questions, no matter what type of school you’re making your request to. We’ll look at several “common” questions first (meaning it wouldn’t matter if public or private), and then talk a bit about how you may proceed based on the type of school.
 
Regardless, school law is often very specialized when it comes to legal rules. You can see about getting special help from a low cost clinic in Delaware, here: http://www. declasi.org/. You might also find a referral to a lawyer specializing in education/school law, by using the Delaware Bar’s referral network… http://www.dvls.org/ LRS_ Public.htm.
 
Common Issues
 
It’s common to have some written agreement on what costs are required to be paid by you, and any result of not meeting those payments. Look carefully over the policy guidebook (or contract if it’s a private school) you have from the school. If there’s no comment about payments, then you have a stronger argument not only to release a copy, but the official transcripts too.
 
You can also appeal their decision to the local school superintendent: http://www .doe.k12.de.us/Educational Directory/pages/ListMembers.aspx. .I’d advise you to always write instead of calling, keeping copies of the letters and including a time frame (10 days from receipt is usually reasonable, unless there’s a vacation closure) of when you would like an answer. Indicating any urgency in the request is not only reasonable, but puts them on notice that they may be causing harm to your children’s interests. If they ask you to attend a meeting, bring a friend as a witness. Regardless of the type of school, there is always the chance of bringing public attention---many schools loathe getting bad press. You can try the Delaware Attorney General’s consumer Ombudsman office, which may be an affordable option to hiring a lawyer: http://www.attorneygeneral. delaware. gov/consumers/protection/complaint.shtml. By sending a copy of your complaint to the school, they may decide it’s best to be reasonable.
 


  • If a private school…

 
In addition to trying all the “common” steps above, you have some other options if it’s a private school. Despite being a private school, there will be some oversight (credentialing and licensing) by the State of Delaware: http://www2.ed.gov/ admins/comm /choice/regprivschl/regprivschl.pdf.
 
Also keep in mind private schools have a business aspect. You might tell the school you understand their position, but you’re only asking for an unofficial transcript. If they refuse to budge, then let them know you are considering filing a Better Business complaint http://delaware.bbb.org/.
 
Eventually, you might even try suing for breach of contract in a small claims court. http://courts.delaware.gov/help/judgments/jp-transfer.stm.
 

  • If a public school…

 
Some public schools are now levying all kinds of user fees and charges for kids. Here’s a link to a Delaware school district guide, with some information about each district’s policies on records retention. Keep in mind you have a right to request very specific policies. One way to get the school’s attention is by asking for help from your state legislators…the same people who review state school budgets. http://legis.delaware. gov/legislature.nsf/ Lookup/ Know_Your_Legislators. If that fails, and you have to fly alone on this (“Pro Se”), then you might go o court and ask for a Writ of Mandamus. Here’s what one looks like… http://courts. delaware.gov/opinions/ download .aspx?ID=179960.
 
Finally… The reason you asked for the transcripts can be crucial. If you feel the well-being of the children, or your legal rights to care for the children, are being potentially harmed by the school’s conduct, do three things: (1) write a list of dates and the requests you have made; (2) note your concern the school’s decision will cause harm; and (3) stay calm and reasonable. Ask to meet with the Superintendent and bring a witness. Rehearse what you need to say.
 
Are there custody questions, or even health care? Perhaps you need to see how your kids are adjusting to some change in their lives. If, for example, you are involved in a court custody case, you have the opportunity to ask for an Order from the Court hearing the custody case, in order to get the records.

All Comments

DakotaLegal's picture

 

 
I wish I knew what kind of school this is, but we’ll get to that. At any rate, there will be some common questions, no matter what type of school you’re making your request to. We’ll look at several “common” questions first (meaning it wouldn’t matter if public or private), and then talk a bit about how you may proceed based on the type of school.
 
Regardless, school law is often very specialized when it comes to legal rules. You can see about getting special help from a low cost clinic in Delaware, here: http://www. declasi.org/. You might also find a referral to a lawyer specializing in education/school law, by using the Delaware Bar’s referral network… http://www.dvls.org/ LRS_ Public.htm.
 
Common Issues
 
It’s common to have some written agreement on what costs are required to be paid by you, and any result of not meeting those payments. Look carefully over the policy guidebook (or contract if it’s a private school) you have from the school. If there’s no comment about payments, then you have a stronger argument not only to release a copy, but the official transcripts too.
 
You can also appeal their decision to the local school superintendent: http://www .doe.k12.de.us/Educational Directory/pages/ListMembers.aspx. .I’d advise you to always write instead of calling, keeping copies of the letters and including a time frame (10 days from receipt is usually reasonable, unless there’s a vacation closure) of when you would like an answer. Indicating any urgency in the request is not only reasonable, but puts them on notice that they may be causing harm to your children’s interests. If they ask you to attend a meeting, bring a friend as a witness. Regardless of the type of school, there is always the chance of bringing public attention---many schools loathe getting bad press. You can try the Delaware Attorney General’s consumer Ombudsman office, which may be an affordable option to hiring a lawyer: http://www.attorneygeneral. delaware. gov/consumers/protection/complaint.shtml. By sending a copy of your complaint to the school, they may decide it’s best to be reasonable.
 


  • If a private school…

 
In addition to trying all the “common” steps above, you have some other options if it’s a private school. Despite being a private school, there will be some oversight (credentialing and licensing) by the State of Delaware: http://www2.ed.gov/ admins/comm /choice/regprivschl/regprivschl.pdf.
 
Also keep in mind private schools have a business aspect. You might tell the school you understand their position, but you’re only asking for an unofficial transcript. If they refuse to budge, then let them know you are considering filing a Better Business complaint http://delaware.bbb.org/.
 
Eventually, you might even try suing for breach of contract in a small claims court. http://courts.delaware.gov/help/judgments/jp-transfer.stm.
 

  • If a public school…

 
Some public schools are now levying all kinds of user fees and charges for kids. Here’s a link to a Delaware school district guide, with some information about each district’s policies on records retention. Keep in mind you have a right to request very specific policies. One way to get the school’s attention is by asking for help from your state legislators…the same people who review state school budgets. http://legis.delaware. gov/legislature.nsf/ Lookup/ Know_Your_Legislators. If that fails, and you have to fly alone on this (“Pro Se”), then you might go o court and ask for a Writ of Mandamus. Here’s what one looks like… http://courts. delaware.gov/opinions/ download .aspx?ID=179960.
 
Finally… The reason you asked for the transcripts can be crucial. If you feel the well-being of the children, or your legal rights to care for the children, are being potentially harmed by the school’s conduct, do three things: (1) write a list of dates and the requests you have made; (2) note your concern the school’s decision will cause harm; and (3) stay calm and reasonable. Ask to meet with the Superintendent and bring a witness. Rehearse what you need to say.
 
Are there custody questions, or even health care? Perhaps you need to see how your kids are adjusting to some change in their lives. If, for example, you are involved in a court custody case, you have the opportunity to ask for an Order from the Court hearing the custody case, in order to get the records.