[mcrist0828]

I have my nephew, I pay for everything. He lives with me in Pennsylvania. He is 19years old and a senior in high school. The school refuses to speak to me concerning him due to his mother has educational rights in PA, until he is 21. What can I do?

[AK lawyer]

Do you have something in writing, either from one or both of the parents, or from a court, giving you custodial rights?

[mcrist0828]

No. He is 18 and there is no such thing as emancipation at that age. I meet with a lawyer tomorrow to start adult adoption proceedings. I have guardianship, but it will not be taken seriously because my nephew is in high school and signed his guardianship to me.

[Synnen]

At 18, your nephew can request his OWN records.

The school does not refuse to talk to you because the mother has educational rights; the school refuses to talk to you because FERPA law states that they cannot without the permission of the parent of the child or of the adult child.

I know that high school laws are somewhat different (I work in a college), but FERPA law states that your nephew can get his own records, and that they cannot talk to you because you are not the legal parent of a minor/dependent child, nor the adult student yourself.

Essentially, since your nephew is 18, the ONLY person they are obligated to disclose his records to is your nephew.

[AK lawyer]

at 18, your nephew can request his OWN records.

Or, probably, sign a written consent that they disclose to and discuss with you.

20 USC 1232 (g)" ....
(d) Students' rather than parents' permission or consent
For the purposes of this section, whenever a student has attained eighteen years of age, or is attending an institution of postsecondary education, the permission or consent required of and the rights accorded to the parents of the student shall thereafter only be required of and accorded to the student."