Navigating the Divide: Tennessee Schools’ Legal Obligations with Divorced Parents
The Everyday Dilemma for Tennessee LEAs
Few issues cause more confusion in Tennessee schools than handling records and decision-making for students of divorced or separated parents. Between FERPA, state custody law, and conflicting court orders, school officials are often stuck in the middle — sometimes quite literally — when one parent demands information or control the other disputes.
At the heart of every question lies one document: the Permanent Parenting Plan (PPP). It defines not just who the child lives with, but who holds legal custody — the authority to make educational decisions. Understanding the PPP’s legal significance, and how it interacts with federal law, is the key to keeping schools compliant and out of conflict.
I. The Legal Foundation: Access vs. Authority
The most common mistake LEAs make is failing to distinguish between a parent’s right to information and a parent’s authority to act.
Under FERPA, both parents — custodial and non-custodial — have the same right to review educational records. But Tennessee law, through the PPP, defines who decides on major matters like enrollment, special education, or school choice.
II. Parental Rights to Student Educational Records
Default Rule: Both natural parents are entitled to educational information unless a certified court order expressly revokes that right.
Denying access because a parent is “non-custodial” violates FERPA. The physical or residential schedule in the PPP has no bearing on information rights.
Tennessee law reinforces this rule:
“Any parent who does not have custody of a child shall be entitled to request, in writing, copies of routine school-related information such as report cards, attendance records, and test scores.”
— T.C.A. § 49-6-902
In practice: LEAs should require a certified copy of any order limiting access and apply a strict “Four Corners” approach — read only what the document actually says. If it doesn’t explicitly restrict FERPA rights, both parents remain entitled to information.
III. Educational Decision-Making Authority
While FERPA governs access, Tennessee’s PPP governs authority.
Sole Legal Custody: The designated parent makes major educational decisions alone.
Joint Legal Custody: Both parents share decision-making authority — meaning LEAs must avoid taking sides when they disagree.
When disputes arise, schools should not attempt to interpret court orders or mediate family conflict. Instead, the LEA should direct both parents back to the dispute-resolution mechanism in their PPP (typically mediation or court review). This shields the district from liability while maintaining neutrality.
Physical custody changes at school must also follow strict documentation rules: no child may be released to a parent contrary to the PPP without a certified court order and reasonable notice to the school.
IV. Non-Parent Access: Step-Parents, Grandparents, and Caregivers
FERPA defines “parent” broadly, but not every adult in a child’s life has rights. Third-party access depends on documentation and legal standing.
The Power of Attorney (POA) Limitation
Tennessee law protects schools from fraudulent enrollments by requiring that any parental POA for a minor child cite a qualifying “hardship” — such as illness, incarceration, military deployment, or loss of housing due to disaster.
If the POA lacks a statutory hardship, the LEA may legally refuse enrollment and should not rely on it for compliance.
V. When Rights Transfer to the Student
Once a student turns 18 or enrolls in college, they become an “eligible student” under FERPA. At that point, all rights transfer from the parent to the student. The school may not disclose grades, attendance, or disciplinary information to either parent without written consent, absent a specific legal exception.
VI. Compliance Recommendations for Tennessee LEAs
Tennessee districts can greatly reduce risk and conflict through structured policy and training:
Maintain Certified Parenting Plans: Every student file should include the latest certified PPP to confirm legal custody and authority.
Train for Distinction: Staff should be trained to separate access rights (information) from decision rights(authority).
Document Due Diligence: When third-party documents (POAs, guardianships, etc.) are submitted, verify that they are certified, cite a statutory hardship, and are current.
Stay Neutral in Disputes: Direct conflicting parents back to their PPP’s dispute-resolution process — not to the principal’s office.
Protect Student Privacy: Apply FERPA consistently and log all disclosures, even when parents request information.
Closing Thoughts
For Tennessee LEAs, the challenge isn’t in knowing the law — it’s in knowing which law applies to which issue. FERPA governs access. The Permanent Parenting Plan governs authority. A disciplined distinction between the two keeps schools compliant, parents informed, and students protected.
When in doubt, defer to documentation. The “Four Corners” of the certified court order are the only borders that matter.