KBBA Custodial and Noncustodial Parent Rights and Responsibilities

Title

Custodial and Noncustodial Parent Rights and Responsibilities (Allocation of Parental Responsibilities)

Designation

KBBA

Office/Custodian

Education/Director of Culture & Services

 

School officials shall presume that the person who enrolls a student in school is the student’s primary custodial parent. Unless a currently effective court order specifies otherwise, the primary custodial parent shall be the one with whom the district communicates and holds responsible for the education and welfare of the student. Where the court order specifies that the parents shall share custody and jointly make decisions relative to the care and education of their child, school officials shall consult with both parents regarding educational matters affecting the child.

If the rights of either parent are restricted by a court order, the non-restricted parent shall provide the school with a certified copy of the currently effective court order curtailing these rights. Unless informed through the submission of such a court order, the school district assumes there are no restrictions regarding either parents’ rights, including the right to access the student’s educational records.

If a parent has been granted sole-custody under a currently effective court order, and the school has been directed under that order to enforce sole-custody, then the student shall not be permitted to visit with or be released to anyone, including the noncustodial parent, without the approval of the custodial parent.

  • Adopted: July 12, 2001
  • Revised: April 14, 2016
  • Reviewed: April 11, 2019

LEGAL REFS:
  • 20 U.S.C. §1232g (Family Educational Rights and Privacy Act of 1974)(FERPA)
  • 20 U.S.C. §1401 et. Seq. (Individuals with Disabilities Education Improvement Act of 2004)(IDEIA)
  • 34 C.F.R. §99.1 et seq. (FERPA regulations)
  • 34 C.F.R. §300.30(b)(2) (IDEIA regulation)
  • C.R.S. 14-10-123.8 (access to school records)

CROSS REFS:
  • JLIB, Student Dismissal Precautions
  • JRA/JRC, Student Records/Release of Information on Students