How to sue school district for violating civil rights

I help friends with cases since I've been thru alot.  A friend of mine who is a non custodial parent of two has been denied the right to see his children's school records.  In Illinois the staue basically says it is both parents right to review their childrens school records, medical, records, etc..  The school that his children go to won't allow him too see the records.  He received a letter basically to make long story short it said " Since you Mr. XXXXX are not the mother and just a father we respectfully deny your request".  This guy has no domestic violence history not even a speeding ticket.  He showed them court order that says he's father but they still refuse.  The mother has requested they not allow him access.  In my opinion he is being  discrimanted against because of gender.  It's even in writing by the school district.  My friend has not enough money to hire a lawyer what can he do?

What does his order say?

Ir may be easier to put heat on mom than a district surriunded by big legal staff.

southeast:

I help friends with cases since I've been thru alot

But you aren't a lawyer so you can be doing more damage to your friends than you know.

southeast:

A friend of mine who is a non custodial parent of two has been denied the right to see his children's school records. The mother has requested they not allow him access.

That's an issue he has to take up with his ex. It's up to her to tell the school to give the records to the father. He needs to take her back to divorce court to get that done. He has nothing to sue the school for.

southeast:

In my opinion he is being  discrimanted against because of gender.

That comment certainly illustrates your significant lack of legal knowledge.

southeast:

My friend has not enough money to hire a lawyer what can he do?

Then he needs to visit a law library or his family court's website and learn how to file for comtempt.

southeast:

My friend has not enough money to hire a lawyer what can he do?

I would start by sending a letter certified mail, return receipt with a copy of the order to the Superintendent of schools pointing out that they are violating his rights to access his kids records and equally parent under the law.  I would remind them absent a court order RESTRICTING my rights they have no basis to deny them.  I would state that I am certain we can resolve this without the aid of the courts but if the school fails to comply with state law (quote the statute listing the exact number) and give them a 14 day deadlien to respond with the records. 

I would also file a petition with family court for a modification of the parenting plan indicating that if Mom blocks access to any records in an attempt to restrict parenting that she is in contempt and at risk of losing custody.  Unless he hauls mom back into court to put a stop to this nonsense she will keep it up.

If the school does not respond I would start contacting lawyers.  If it is a clear cut violation of his rights and they fail to comply with his request he may find it easier to find one who will take the case on contingency.

Mom may be the weaker link--and I'd check that first....if I were Dad....

southeast:

He received a letter basically to make long story short it said " Since you Mr. XXXXX are not the mother and just a father we respectfully deny your request". 

"Just a father?"  I don't believe that to be the exact wording of whatever your friend received.  I think the actual statement has been twisted out of proportion.

southeast:

This guy has no domestic violence history not even a speeding ticket. 

None that you know of.  Otherwise, he might have criminal activity that denies him access.  Or, it might involve a private school.

Your friend needs to talk with an attorney.  He or she can review his situation in its entirety and doesn't need a message board to "evaluate" his situation.

southeast:

I help friends with cases since I've been thru alot. 

Just an FYI:  That doesn't make you qualified, licensed, legal counsel.  Whatever you've been through will never be the same as anyone else.  That's why everything is determined case-by-case.

If Dad has a legal right to the records (which is extremely likely) and EX has instructed school to deny records to him--I'd seek to target Mom and her pocketbook in court for such games??  Mom is party to the order--the school is not a party.

Might be different if Mom is paying for private school and order doesn't require childs information to be shared

But the school is also responsible by state law that clearly states "regardless which parent has custody both parents are entitled to the school records." So they are violating law.  Also there denial letter denying based on the fact telling him "since he is not the mother and just the father that they are denying his request of records."  that's sort of gender discrimination.  So what does it mean? Because he's a dad and not a mom, he's not good enough for the records.  Both mom and school are wrong.  I think he should pursue this so other father's dont come across same problem.

Cica, I know I'm not a lawyer but I do represent myself pro se and have never loss against another lawyer.  The thing I found out is if a person does his research and knows his rights he can win as long as legal or by statue.  I've wasted thousands on lawyers and am convinced they dont want or tell there clients everything.  It's like an unwritten rule between lawyers and courts, "get them in, settle it and get them out."  Courts are flooded with cases so imagine if every lawyer faught tooth and nail for there clients.  Not trying to disrespect any attornies but I've had attornies tell me they hate the internet and dont like there clients using it.  I wonder why?  The old days people walked in not knowing and because of internet people no more of there rights.

Laymans guess:

Look I have no doubt you are right that you have legal access to your own kids educational records if we are talking about a public school --the question in my mind is how to make things happen.

You can probably pound on school's door and it will take months for anything to work its way thru school channels

That said, I'd probably show up at school and request to see records via whatever the established rules may be and force them to reject me--and be sure to get name and title of the individual involved.  And I'd paper it well the next day--and double recite Moms instruction to them to deny me same!

However it really sounds as if you EX has taken specific steps to deny you your rights as they exist under the order --and that sure begins to smell like contempt to me--and if she is held in contempt she also might get a pocketbook zinger for your costs as a sanction? I doubt a judge will be amused at her antics?

It took me 2 minutes to find my own local school policy that clearly contradict what your school did--but I'm not at your school and I don't know what your policy says. .

A violation of Board policy is not a civil rights issue --but it may be a reason for an employee to be discliplined for violation of policy and the way my local policy reads it would be a clear refusal to follow policy if the facts are you state them.

Actually my local policy overrides the local administrators ability to say no by directing him to say yes absent a court order in hand  to say no , hence if he says no he is in direct violation of policy --but few actually read or follow thier own rule book except when it suits them. .

You may want to point your friend to website that is dedicated to FERPA law. 

http://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html

If this school falls under the applicability criteria, then it must provide access to the parents to see the children's school records (assuming that these are minor children you are referring to).

southeast:

I've wasted thousands on lawyers and am convinced they dont want or tell there clients everything.  It's like an unwritten rule between lawyers and courts, "get them in, settle it and get them out."  Courts are flooded with cases so imagine if every lawyer faught tooth and nail for there clients.

It's always a bad idea to make generalizations about any group of people based on your interactions with just a handful of them because that handful may not represent what all members of that group, or most of them, are like.  Most cases settle because it's in the interests of the parties involved, not because the lawyers don't want to take the cases to trial. Indeed, most lawyers that have a trial practice love going to court and trying cases, that's the really fun part of the job. But there is always risk involved in going to trial; you never know for sure what the judge and jury will do. Settling the matter and having the ability to control the outcome is often far better than rolling the dice at trial and hoping you get a great result. Indeed, you can do certain things in settlements, like arrangements that are much more tax favorable, that provide better asset protection for the plaintiff, or whatever, that may not possible at all if the case goes to trial and is handed to a jury. There is a lot more thought that goes into good settlement decisions than I think most clients realize.

southeast:

Not trying to disrespect any attornies but I've had attornies tell me they hate the internet and dont like there clients using it.  I wonder why?  The old days people walked in not knowing and because of internet people no more of there rights.

You've said this same thing before, in a discussion last month. Maybe some attorneys in your area "hate the internet" but I'll bet they are in the minority. I love it, and so do all the other attorneys I know. It makes my work much more efficient, and allows me to spend more time on the real substance of my client's situation rather than on research. I don't mind that it allows easier access to the law for the public. I'll refer you to my reply in that earlier discussion for more of my thoughts on that rather than repeating them here.

If mother has sole legal custody, father may  not be entitled to the school records.