The Rights of Divorced Parents in Public Schools
When parents of school-aged children begin the process of getting a divorce, often a main concern is how the change to the family structure will affect the children as they deal with the new dynamic. Many parents consider how their children’s lives will be altered both in the home and out in the world. Similarly, some parents may question how their newly changed status as divorced parents can affect their own interactions with their children’s schools. Questions center around issues such as residency, decision-making authority, and access to educational records.
In order to attend a public school, children generally must primarily reside within the public school district. What happens if a divorce proceeding results in one or both of the children’s parents moving out of the district? Public school districts have residency offices tasked with ensuring that the children attending their schools actually reside within the district. For purposes of residency, the district requires a primary address for their students. Generally, it does not matter if the student resides in two locations, as long as the student’s primary address is still within the district, the student will remain enrolled in the school. District residency offices will accept a court order and may accept an affidavit from either parent indicating that the parent has custody of the student, as well as proof that the parent lives within the district. Additionally, while there is no legal requirement for districts to transport a student to different homes pursuant to a joint custody schedule, district transportation offices are able to transport students to daycare locations on a predetermined scheduled basis.
When addressing issues that may arise with a student, districts will often seek to work with the parents to find a solution. Whether the issue is one of discipline or the student’s placement within the district, representatives from the school will often meet with the child’s parents to discuss potential settlements. In matters of student discipline, the district and the parent may opt to avoid a superintendent’s hearing by signing a consent to discipline. This document can be signed by either parent and may effectively settle any disciplinary issue. When the issue involves a question of the student’s educational placement, both parents will be invited to meetings of the Committee of Special Education (CSE) and participate in determining an appropriate placement. If a parent disagrees with the CSE’s determination, there are steps that can be followed to challenge the placement. One parent may be able to solely sign any stipulations if they have a legally binding court order or custody agreement that gives them decision-making authority for educational purposes.
The language in a court order or custody agreement will also be relevant to a determination of access to educational records. Parents of school students are entitled to their children’s educational records pursuant to the Family Educational Rights and Privacy Act (FERPA). Under FERPA, parents need only submit a request to their child’s school for records maintained by the district that directly relate to their child and the school must provide the parent with access. This means that either parent has the authority to request transcripts, grades, course work, special education reports, and correspondence regarding their child. School districts have forty-five days to grant the parent’s request, unless they are in receipt of a custody order that specifically denies one parent the right to educational records. If the order is silent on the issue, then the district is required to provide the non-custodial parent with access to the records. Similarly, a District will assume the authority of either parent to pick-up a student, unless provided with a legally binding court order or decree of custody that specifically indicates that the child cannot be released to a parent or released only on specific days; most custody orders usually include equal access to both parents for all school records and educational providers.
Should parents seeking a divorce consider these questions and determine that they have concerns about these topics, they must be very careful with the wording of the court order or separation agreement, as the specific language will dictate their interactions with their children’s public school.
This is not intended to be legal advice. You should contact an attorney for advice regarding your specific situation.
Conor Horan is an Associate and practices matrimonial and family law. He can be reached by phone at 845-764-9656 and by email.