We have had several guardians requesting a copy of the caregiver form that was filled out by a caregiver enrolling an unaccompanied youth. One guardian in particular is upset that the caregiver enrolled her child in school and would like to have a copy of the form. Does the law require us to give the guardian a copy of the caregiver from?

Answer: Under FERPA, parents and legal guardians to have a right to see their children’s educational records. The caregiver form would be part of the educational record. So a parent or guardian would have the right to see that form. Of course, the school has the right to verify the guardian’s identity, such as by having the guardian show ID and some document that establishes guardianship. For more information on FERPA, you can visit https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html.

You definitely could let the caregiver know that a guardian has requested the form, and that you are required to share it. That way, the caregiver can be prepared, in case there is any concern about the caregiver’s safety in light of this guardian being upset.

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