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KBBA-R Custodial and Noncustodial Parents Rights and Responsibilities
Custodial and Noncustodial Parent Rights and Responsibilities (Allocation of Parental Responsibilities)
Education/Director of Culture & Services
The following procedures have been developed for situations involving child custody, allocation of decision-making, visitation, and release of records of a child enrolled in District 49:
1. The enrollment records of the District will include information regarding the marital status of a student’s parents. Such status will be reviewed each year.
2. The school shall flag the files of students whose parents are divorced or legally separated or have other special custody arrangements. The school shall maintain a file of these students that is easily accessible to the principal or designee.
3. If a person whom the principal or designee does not recognize appears at school requesting dismissal of a student, the principal or designee shall ask for identification such as a driver’s license.
4. Students will not be released to unauthorized individuals.
Children of divorced/separated parents
1. Both parents have the right to access the student’s educational records, unless one parent provides the district with a currently effective court order that specifically indicates otherwise with regards to the student’s educational records
2. If a student’s parents are divorced, legally separated, or have other special custody arrangements, district personnel shall request a copy of any and all legal documents pertaining to child custody, including restraining orders.
3. The district will presume that both parents have equal access to a child when that student is registered in school unless one parent provides the district with a currently effective court order indicating otherwise. In some instances, two opposing court orders may be presented to the school. In such an event, the most current order will govern.
4. A copy of the court order governing a divorce, separation, or delineation of parental rights will be provided by a parent and kept in the student’s cumulative record as a temporary record.
5. If the school is aware that the student’s parents are divorced or separated and a parent refuses to provide a copy of the court order to the district, the principal will be advised; and a statement of the refusal will be noted, including the date and situation. This statement will be filed in the student’s cumulative record. The district will provide access to the student’s educational records to both parents in this case.
6. A student will not be denied admission to school on the basis of refusing the request for documentation of a divorce, separation, or delineation of parental rights unless student residency is at issue.
7. If a parent has been granted sole-custody under a currently effective court order, and the school is directed under that order to enforce sole-custody, the student will not be released to or visited by anyone, including the noncustodial parent, during the school day unless the parent with sole custody has approved the release or permission for visitation. Otherwise, the student may be released to or visited by either parent or any one approved by either parent.
8. If a school official is in doubt about the validity of a request or documentation presented, the official will contact the Chief Education Officer. The official shall request positive identification of any individual making a request for release or visitation of a student.
9. If a parent has been allocated sole decision-making authority over education related matters in a currently effective court order, and the school is directed under that order to enforce the sole decision-making, the school will make every effort to comply with such an order. Such an allocation will not affect the other parent’s access to education records, parent-teacher conferences, or ability to visit or have the student released into his or her custody, unless such rights are specifically restricted in the court order.
10. Where the court order specifies that the parents shall jointly make decisions related to the education of their child, school officials shall consult with and seek agreement of both parents regarding educational decisions affecting the child. Where the parents disagree in such matters and the court order does not provide a mechanism for resolving their differences, then the status quo shall be maintained until such time that the dispute is resolved. In the rare instance that the matter requires an immediate decision, and maintaining the status quo will have a substantially adverse impact on the student, school officials shall attempt to induce the parents to reach an immediate agreement. If such efforts fail, then the school shall implement a temporary decision that it deems to be in the best interests of the student or the school official may use an unbiased, alternate means, including a coin flip or casting lots, to make an immediate, temporary decision until such time that the dispute is resolved.
11. If a parent making an unauthorized request for release or visitation refuses to leave the school premises at the principal’s request, the principal may contact the appropriate law enforcement agency.
12. Contact from an attorney on behalf of a parent may be referred to the school attorney on advice of the Chief Education Officer.
- Adopted: July 12, 2001
- Revised: June 30, 2011
- Revised: April 14, 2016
- Revised: April 11, 2019