Tennessee schools frequently face disputes between divorced parents over access to student records and control of educational decisions. The key to compliance lies in distinguishing information access (governed by FERPA) from decision authority (controlled by the Permanent Parenting Plan). This guide walks LEAs through the laws, responsibilities, and best practices for avoiding liability while protecting student privacy.

Tennessee law gives schools the authority to ban parents from campus when safety or order is at stake. Under T.C.A. § 49-6-2008, principals may remove individuals who are “improperly on the premises,” and violations can even rise to criminal trespass. But that authority has limits. Federal courts, including the Sixth Circuit, have ruled that parents cannot be banned simply for criticizing school officials—critical but non-threatening speech is protected under the First Amendment. Schools also face a special exception under federal special education law: the IDEA guarantees parents a seat at the table for IEP meetings, even if a trespass order is in place, requiring schools to provide remote participation options. The line between protected speech and unprotected conduct—like assault or repeated disruption—is the key legal battleground. Schools that act on clear threats are on firm ground; schools that retaliate against speech risk liability.