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Sam
Sam, Attorney at Law
Category: Education Law
Satisfied Customers: 27009
Experience:  More than 20 years of experience practicing law.
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Do I have a right to my child school rerecords/ transcript?

Customer Question

Do I have a right to my child school rerecords/ transcript? We are in South Carolina. How can I obtain those rerecords?
Submitted: 1 year ago.
Category: Education Law
Expert:  Sam replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard

Is your daughter in a private or public school?

What is the purpose of you wanting to obtain them?

Are you her legal parent/guardian? In other words, if you are a single parent do you have court ordered Legal custody?

Customer: replied 1 year ago.
For my son, and he is in a SC public charter school. I would like to enroll him in the school that we are zoned. Yes I am his legal mother. Only mother listed on the Birth Certificate as well. Does a school have a right to with hold a child's record? Thank you
Expert:  Sam replied 1 year ago.

Hello

Thank you. In these type of situations, the request to transfer requires the school to forward the transcripts to the next desired school. They do not release them to the parent. I suggest you talk to the enrollment counselor at the new school and once he is enrolled, they will make the request for the transfer.

Expert:  Sam replied 1 year ago.

Once that is complete, you have a right to request a copy of the transcripts.

Expert:  Sam replied 1 year ago.

Under federal law every parent has a right to Review the school records.

Expert:  Sam replied 1 year ago.

And I misspoke, they must allow you review but do not have to allow copies

Expert:  Sam replied 1 year ago.

The request to review should be put into writing and they have 45 days to contact you about a mutual convenient time to review the records.

Customer: replied 1 year ago.
I have another question? I wanted to know your leagal opion of this matter. This is the email I sent to the school about the situation. This took place over the summer not at school nor on the school network or device.
Hello,
I just wanted to get back in contact with you, and go over the matter we discussed yesterday, with yourself, Adam Holmes, Kim Ciuffo, my son Isaiah Harris, and myself Chary Stills. I received a phone call, as well as a text message from Kim on 8/10/2015 stating that I need to call to meet with Coach Holmes in regards ***** ***** returning to Gray this year. I called back, and Kim said to me "I don't know how Isaiah came back, he slipped trough the cracks, he is not suppose to be here. I asked him and he said he was going to Ben Lippen" my response was he is going to Gray because I never withdrew him from school nor did I receive anything stating he could not return, as well as his schedule was ready for pick up on 8/5/15 in which I picked up and signed for. I initially set up a conference call on 8/10/15 at 12pm, but I called back to ask if we could just meet instead at that time. We were all able to meet and you discussed with me that on or around 7/20/15-7/23/15 that you received a phone call from a parent that said she saw an instagram post from my son that showed a picture with a drink, pills, and cigars or something else (that is subjective). on her child's Instagram page. You stated that she was the only parent that provided a name, the other two - three phone calls were anonymous. You stated that my sons comment on the picture was " We are going to have fun at gray" and solely because the picture was associated with Gray you asked for me to either remove my child from the school, or you would have to expel him from Gray. I asked you and Kim to provide me with the picture that shows that comment. The images that were sent to me do not show that. I sent a text message to Kim as well as you requesting that picture, and called just to be clear on what I was asking for, and you explained that you, and Kim are working on trying to get that. I just wanted to be clear on your stance on this matter? I have not received anything in writing, and I expressed to youHello,
I just wanted to get back in contact with you, and go over the matter we discussed yesterday, with yourself, Adam Holmes, Kim Ciuffo, my son Isaiah Harris, and myself Chary Stills. I received a phone call, as well as a text message from Kim on 8/10/2015 stating that I need to call to meet with Coach Holmes in regards ***** ***** returning to Gray this year. I called back, and Kim said to me "I don't know how Isaiah came back, he slipped trough the cracks, he is not suppose to be here. I asked him and he said he was going to Ben Lippen" my response was he is going to Gray because I never withdrew him from school nor did I receive anything stating he could not return, as well as his schedule was ready for pick up on 8/5/15 in which I picked up and signed for. I initially set up a conference call on 8/10/15 at 12pm, but I called back to ask if we could just meet instead at that time. We were all able to meet and you discussed with me that on or around 7/20/15-7/23/15 that you received a phone call from a parent that said she saw an instagram post from my son that showed a picture with a drink, pills, and cigars or something else (that is subjective). on her child's Instagram page. You stated that she was the only parent that provided a name, the other two - three phone calls were anonymous. You stated that my sons comment on the picture was " We are going to have fun at gray" and solely because the picture was associated with Gray you asked for me to either remove my child from the school, or you would have to expel him from Gray. I asked you and Kim to provide me with the picture that shows that comment. The images that were sent to me do not show that. I sent a text message to Kim as well as you requesting that picture, and called just to be clear on what I was asking for, and you explained that you, and Kim are working on trying to get that. I just wanted to be clear on your stance on this matter? I have not received anything in writing, and I expressed to you my concern about you not contacting me once the incident was brought to your attention. Why would you wait 20 days to call to tell me that?
You explained to me that the decision was made after speaking with Mike D'Angelo from Pinnacle Charter School Management Group, LLC., and not the Board?
Thank you for meeting with me yesterday. If you would please get back with me in regards ***** ***** questions I have.
Thank you,
Chary Stills(###) ###-####
Expert:  Sam replied 1 year ago.

Hello Charly

As I stated, I do not participate in phone calls this site offers. But I can provide you information to the questions you have here.

What is the question in regard to your latest post?

Customer: replied 1 year ago.
No problem, thank you. I have another question? I wanted to know your legal opion of this matter. This is the email I sent to the school about the situation. This took place over the summer not at school nor on the school network or device.
Hello,
I just wanted to get back in contact with you, and go over the matter we discussed yesterday, with yourself, Adam Holmes, Kim Ciuffo, my son Isaiah Harris, and myself Chary Stills. I received a phone call, as well as a text message from Kim on 8/10/2015 stating that I need to call to meet with Coach Holmes in regards ***** ***** returning to Gray this year. I called back, and Kim said to me "I don't know how Isaiah came back, he slipped trough the cracks, he is not suppose to be here. I asked him and he said he was going to Ben Lippen" my response was he is going to Gray because I never withdrew him from school nor did I receive anything stating he could not return, as well as his schedule was ready for pick up on 8/5/15 in which I picked up and signed for. I initially set up a conference call on 8/10/15 at 12pm, but I called back to ask if we could just meet instead at that time. We were all able to meet and you discussed with me that on or around 7/20/15-7/23/15 that you received a phone call from a parent that said she saw an instagram post from my son that showed a picture with a drink, pills, and cigars or something else (that is subjective). on her child's Instagram page. You stated that she was the only parent that provided a name, the other two - three phone calls were anonymous. You stated that my sons comment on the picture was " We are going to have fun at gray" and solely because the picture was associated with Gray you asked for me to either remove my child from the school, or you would have to expel him from Gray. I asked you and Kim to provide me with the picture that shows that comment. The images that were sent to me do not show that. I sent a text message to Kim as well as you requesting that picture, and called just to be clear on what I was asking for, and you explained that you, and Kim are working on trying to get that. I just wanted to be clear on your stance on this matter? I have not received anything in writing, and I expressed to youHello,
I just wanted to get back in contact with you, and go over the matter we discussed yesterday, with yourself, Adam Holmes, Kim Ciuffo, my son Isaiah Harris, and myself Chary Stills. I received a phone call, as well as a text message from Kim on 8/10/2015 stating that I need to call to meet with Coach Holmes in regards ***** ***** returning to Gray this year. I called back, and Kim said to me "I don't know how Isaiah came back, he slipped trough the cracks, he is not suppose to be here. I asked him and he said he was going to Ben Lippen" my response was he is going to Gray because I never withdrew him from school nor did I receive anything stating he could not return, as well as his schedule was ready for pick up on 8/5/15 in which I picked up and signed for. I initially set up a conference call on 8/10/15 at 12pm, but I called back to ask if we could just meet instead at that time. We were all able to meet and you discussed with me that on or around 7/20/15-7/23/15 that you received a phone call from a parent that said she saw an instagram post from my son that showed a picture with a drink, pills, and cigars or something else (that is subjective). on her child's Instagram page. You stated that she was the only parent that provided a name, the other two - three phone calls were anonymous. You stated that my sons comment on the picture was " We are going to have fun at gray" and solely because the picture was associated with Gray you asked for me to either remove my child from the school, or you would have to expel him from Gray. I asked you and Kim to provide me with the picture that shows that comment. The images that were sent to me do not show that. I sent a text message to Kim as well as you requesting that picture, and called just to be clear on what I was asking for, and you explained that you, and Kim are working on trying to get that. I just wanted to be clear on your stance on this matter? I have not received anything in writing, and I expressed to you my concern about you not contacting me once the incident was brought to your attention. Why would you wait 20 days to call to tell me that?
You explained to me that the decision was made after speaking with Mike D'Angelo from Pinnacle Charter School Management Group, LLC., and not the Board?
Thank you for meeting with me yesterday. If you would please get back with me in regards ***** ***** questions I have.
Thank you,
Chary Stills(###) ###-####
Expert:  Sam replied 1 year ago.

Hello

The law states

SECTION 59-63-250. Transfer of pupils.

The board or a designated administrator may transfer a pupil to another school in lieu of suspension or expulsion but only after a conference or hearing with the parents or legal guardian. The parents or legal guardian may appeal a transfer made by an administrator to the board.

Expert:  Sam replied 1 year ago.

SECTION 59-63-210. Grounds for which trustees may expel, suspend, or transfer pupils; petition for readmission; expulsion, suspension, or transfer.

(A) Any district board of trustees may authorize or order the expulsion, suspension, or transfer of any pupil for the commission of any crime, gross immorality, gross misbehavior, persistent disobedience, or for violation of written rules and promulgated regulations established by the district board, county board, or the State Board of Education, or when the presence of the pupil is detrimental to the best interest of the school. Each expelled pupil has the right to petition for readmission for the succeeding school year. Expulsion or suspension must be construed to prohibit a pupil from entering the school or school grounds, except for a prearranged conference with an administrator, attending any day or night school functions, or riding a school bus. The provisions of this section do not preclude enrollment and attendance in any adult or night school.

Expert:  Sam replied 1 year ago.

Please note that I can only provide information for what you ask. In that regard, if you have other questions or need clarification, please post them here. Otherwise, I appreciate your Positive Rating as that is how I get credit for my time and information.

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