Totally respectfully, may I ask why people find this alarming? I guess I'm not seeing what others are seeing. He's still one of her two legal parents, he hasn't lost parental rights...as far as I know, there was no legal reason the school wouldn't/couldn't contact him, especially if they are confronted with a non-responsive mother. I would think they'd contact mom if she's custodial, then dad (custodial or not), then CPS if neither is responsive.
http://nces.ed.gov/pubs97/p97527/Exh_5_1.asp
Section 99.4 gives an example of the rights of parents. An educational agency or institution shall give full rights under the Act to either parent, unless the agency or institution has been provided with evidence that there is a court order, State statute, or legally binding document relating to such matters as divorce, separation, or custody, that specifically revokes these rights.This means that, in the case of divorce or separation, a school district must provide access to both natural parents, custodial and non-custodial, unless there is a legally binding document that specifically removes that parent's FERPA rights. In this context, a legally binding document is a court order or other legal paper that prohibits access to education record, or removes the parent's rights to have knowledge about his or her child's education.
Custody or other residential arrangements for a child do not, by themselves, affect the FERPA rights of the child's parents. One can best understand the FERPA position on parents' rights by separating the concept of custody from the concept of rights that FERPA gives parents. Custody, as a legal concept, establishes where a child will live, and often, the duties of the person(s) with whom the child lives. The FERPA, on the other hand, simply establishes the parents' right of access to and control of education record related to the child.
I know on all my children's school forms, it has us list info for both parents, and asks specifically if the child lives with one parent or both. But AFAIK, by law, he has a right to equal info about the child through the school so long as he is her legal parent, custodial or not, and so long is there is no legal barrier (i.e. restraining order or judicial ruling barring parental access).
I'm married with kids, never been divorced/had custody issues, so I'm just curious where people see the problem with the school contacting dad about health/education/before and/or after school transportation issues, if only to make him aware especially if mom is non-responsive and they think perhaps he can help with a remedy to the problem, out of state or not...
Just askin', and very respectfully, I hope! :seeya: