1. F R A N C E S P . Q U A R L E S , E S Q .
Q U A R L E S L A W F I R M , L L C
3 0 0 O F F I C E P A R K D R I V E , S U I T E 1 0 0
M O U N T A I N B R O O K , A L 3 5 2 2 3
Best Interests & Books: Family
Court Guardian ad Litems and
Education Records
1
Best Interests & Books - 2013; compiled by Fran Quarles,
Esq.

2. Purpose of Presentation
Best Interests & Books - 2013; compiled by Fran Quarles, Esq.
2
 This presentation is designed to familiarize elementary,
middle, intermediate and high schools on three (3)
methods (written consents, court orders and subpoenas)
by which they may receive a request for a minor student’s
education records
 It is also designed to educate schools regarding the
release of the student’s education records to his/her
court-appointed Guardian ad Litem in compliance with
the Family Educational Rights and Privacy Act (FERPA)
 It is not meant to be an in-depth look at FERPA and its
many provisions that do not affect a Guardian ad Litem’s
request for educational records

3. What is Family Court?
Best Interests & Books - 2013; compiled by Fran Quarles, Esq.
3
 Also known as “Juvenile Court”
 Jefferson County has two (2) Family Courts: the
Birmingham Division and the Bessemer Division
 The Birmingham Division has three judges:
 Hon. Raymond Chambliss
 Hon. Carnella Greene-Norman
 Hon. Alan Summers
 Located at 120 2nd Court North, Birmingham, AL 35204
 The Bessemer Division has one judge:
 Hon. Lorraine Pringle
 Located at 1801 3rd Avenue North, Bessemer, AL 35020

4. What Types of Cases Are in Family Court?
Best Interests & Books - 2013; compiled by Fran Quarles, Esq.
4
 Family Court is not divorce court
 Family Court has jurisdiction in matters involving
children, including:
 Dependency (abused, neglected or abandoned children)
 Termination of Parental Rights (TPR)
 Delinquency
 Children in Need of Supervision (CHINS)
 Child Support
 Paternity

5. Who Are Guardian ad Litems?
Best Interests & Books - 2013; compiled by Fran Quarles, Esq.
5
 Guardian ad Litem (“GAL”) is a Latin term meaning
“guardian for the lawsuit”
 GAL is NOT the child’s legal guardian
 GAL is NOT the child’s custodian
 GALs are licensed Alabama attorneys appointed by Family
Court Judges in dependency and TPR cases
 Legal Aid Society of Alabama (non-profit organization) attorneys
 Private attorneys
 Families are not charged for these attorneys’ legal services
 Family Court GALs are required by federal and state law to
have special training (annual certification)
 Attorneys acting as GALs in other types of lawsuits are not required to be
certified (examples: probate and divorce cases)

6. What Are The GAL’s Responsibilities?
Best Interests & Books - 2013; compiled by Fran Quarles, Esq.
6
 A GAL’s primary responsibility is to protect
the best interests of the child
 GALs make reports and recommendations to the
Family Court Judge
 Reports/recommendations may be written or oral
 Made a part of the Court’s records
 No ex parte communications (without other parties present)
between judge and GAL

7. Why GAL Needs Child’s School Records
Best Interests & Books - 2013; compiled by Fran Quarles, Esq.
7
 The GAL must conduct a thorough and independent
investigation
 This investigation may include reviewing the child’s
school, social services, psychiatric, psychological,
drug and alcohol, medical, law enforcement, and
other records relevant to the case
 American Bar Association Standard C-2

8. What Law Governs School Records?
Best Interests & Books - 2013; compiled by Fran Quarles, Esq.
8
 The Family Educational Rights and Privacy Act
(FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99)
 Also known as the Buckley Amendment
 Federal law that protects the privacy of student
education records
 This law applies to all schools that receive funds
under an applicable program of the U.S. Department
of Education

9. What Types of Records Does FERPA Protect?
Best Interests & Books - 2013; compiled by Fran Quarles, Esq.
9
 FERPA protects the confidentiality of information in
students’ “education records” from unauthorized
disclosure
 “Education records” are records which –
 Contain information which is directly related to a student;
and
 Are maintained by a school (or by a party acting for the school)
 Includes health records maintained by the school
 Usually a GAL may only ask for copies of the child’s transcript,
but “record” includes information maintained in any way,
including, but not limited to:
 Handwritten records
 Video or audio tape
 Computer media

10. Personally Identifiable Information
Best Interests & Books - 2013; compiled by Fran Quarles, Esq.
10
 Education records the GAL needs will contain
“Personally Identifiable Information” (PII)
 PII includes, but is not limited to:
 Student’s name
 Name of student’s parents or other family member
 Address of student or student’s family
 Personal identifier, such as SSN or student number
 A list of personal characteristics that would make the student’s
identity easily traceable
 Other information that would make the student’s identity
easily traceable

11. Exceptions to “Education Records”
Best Interests & Books - 2013; compiled by Fran Quarles, Esq.
11
 “Education records” do NOT include:
 Records kept in sole possession of the maker, are used solely as
a personal memory aid, and are not revealed to anyone but a
temporary substitute for the maker of the record , e.g.,
teacher’s personal notes not in the student’s file
 Records created and maintained by a law enforcement unit
of a school for a law enforcement purpose, e.g., school’s
security department

12. Three Ways a School Can Provide the GAL with
Student’s Personally Identifiable Information
Best Interests & Books - 2013; compiled by Fran Quarles, Esq.
12
 With the prior consent of parent:
 Written permission of parent that meets FERPA
requirements
 Without the prior consent of parent:
 Court order
 Lawfully issued subpoena

13. Prior Consent of Parent for Release of PII
Best Interests & Books - 2013; compiled by Fran Quarles, Esq.
13
 The consent must:
 Be in writing:
 Be signed by a parent, which includes a
 Natural parent
 Guardian or
 Individual acting as parent in absence of parent/guardian
 Be dated
 Specify records that may be disclosed
 State purpose of disclosure (Family Court case)
 Identify party to whom disclosure may be made (the GAL)

14. No Prior Parental Consent Needed
for Court Orders And Subpoenas
Best Interests & Books - 2013; compiled by Fran Quarles, Esq.
14
 No prior written parental consent is needed for a GAL to
receive a student’s PII if the school receives either a:
 Court order or
 Lawfully-issued subpoena (if in doubt, check w/ school attorney)
 But, school MUST make a “reasonable effort” to notify
the parent of order or subpoena before providing
records, so that parent may seek a protective order if
desired
 “Reasonable effort” not defined
 Notice NOT required for subpoenas where existence of or content of
subpoena ordered that it not to be revealed (example: a federal
grand jury subpoena – this won’t be applicable to Family Court
subpoenas; You will need to give notice for Family Ct. subpoenas)

15. Example of a Family Court Order
Best Interests & Books - 2013; compiled by Fran Quarles, Esq.
15

16. Example of a Family Court Subpoena
Best Interests & Books - 2013; compiled by Fran Quarles, Esq.
16

17. Exceptions to FERPA Recordkeeping and
Re-disclosure Requirements
Best Interests & Books - 2013; compiled by Fran Quarles, Esq.
17
 Recordkeeping requirement: generally, schools must maintain a record of
each request for access to & disclosure of a student’s PII
 Exceptions to this requirement include requests from, or disclosures to:
 Parents
 Persons with consent from parent (GALs)
 Subpoena/court orders ordering they not be disclosed
 (i.e., the school doesn’t have to track disclosures of PII made to parents,
persons with the parent’s consent or if told not to disclose to by a court)
 Re-disclosure requirement: generally, a school must inform a receiving
party not to re-disclose student’s PII without his/her parent’s prior
consent.
 Exceptions to this requirement include disclosures:
 To a parent
 Pursuant to court order or
 Pursuant to lawfully issued subpoena
 (i.e, the school doesn’t have to inform a parent or GAL (if disclosure by court
order or subpoena) not to re-disclose the student’s PII )

18. What About Costs to the School?
Best Interests & Books - 2013; compiled by Fran Quarles, Esq.
18
 The school may charge the GAL a fee for the costs of
copying the student’s education record
 BUT the school is prohibited from charging a
“search” or “retrieval” fee

19. Questions?
Best Interests & Books - 2013; compiled by Fran Quarles, Esq.
19