5021
BP
Board Policy
Noncustodial Parents
Noncustodial parents generally retain the same rights as custodial parents unless a court order restricts the rights of the noncustodial parent. These rights include but are not limited to accessing his/her child's student records, participating in school activities and visiting the child at school. If a completed or pending legal action curtails the noncustodial parent's rights, the parent/guardian with custody shall provide evidence of this action to the Superintendent or designee.
Upon request, the district shall provide noncustodial parents with announcements and notices that are sent to the custodial parent.
While both parents can visit the child at school, only the custodial parent has the right to remove the child from school property. Only a verified note or an emergency card from the custodial parent will be cause for exception to this provision.
In the event of an attempted violation of a court order that restricts access to a student, staff shall contact the custodial parent and local law enforcement officials and shall make the student available only after one or both of these parties consent.
Legal & Management References
State
Ed. Code 48204 - Residency requirements
Ed. Code 49061 - Definitions; directory information
Ed. Code 49069.7 - Absolute right to access
Ed. Code 49091.10-49091.19 - Parental review of curriculum and instruction
Ed. Code 49408 - Student emergency information
Ed. Code 51100-51140 - Parent/guardian rights
Ed. Code 56028 - Definition; parent for special education
Fam. Code 3002 - Joint legal custody; definition
Fam. Code 3006 - Sole legal custody; definition
Fam. Code 3025 - Parental access to records
Fam. Code 6550-6552 - Caregivers
Gov. Code 6205-6210 - Confidentiality of addresses for victims of domestic violence, sexual assault, stalking, human trafficking, child abduction, and elder or dependent adult abuse
Gov. Code 810-996.6 - Government Claims Act
Cross References
5111.1 AR District Residency
5125 AR Student Records
5141 AR Health Care And Emergencies
5142 AR Safety