FCBD-AP: Student Custody
Section I: Parent’s/Legal Guardian’s Rights at School
The West Fargo School District assumes that both of a student’s biological or adopted parents and all other legal guardians (hereafter parents) have equal access to their child at school, play an equal role in educational decisions related to their child, and have equal access to their child’s educational record restricted only by limitations delineated in district policies and regulations that are applicable to all parents/guardians and when access/participation is reasonably predicted by the Superintendent or principal to disrupt the educational environment. Exceptions to these assumptions exist when criteria in Section II of this policy have been satisfied.
Section II: Restricting Parent/Guardian Access and Rights
A parent is responsible for providing the District with legally binding documentation (e.g., court order) restricting parent rights. Such documentation must be current and a parent is responsible for ensuring that the documentation remains up-to-date. District personnel shall not initiate a request for or otherwise actively seek information pertaining to student custody.
The District will act in good faith to comply with the terms and restrictions of any current legally binding document pertaining to student custody that is provided to one of its schools. However, it shall not be responsible for validating the authenticity of such documentation or interpreting and implementing any provision that is unclear.
If a parent makes a student access request that is not addressed clearly by the legal documentation on file, the District shall notify both parents that the documentation on file is unclear, that the District needs further clarification from the court on this matter, and that the District will consult with its attorney on how to respond to the request in the interim while additional documentation is being sought by the parent(s).
Section III: Student Visitation and Release
A request by a parent to visit or otherwise access his/her child at school shall be handled in accordance with applicable district policy and rules (e.g., rules on visitors in schools, parent visits to school, phone calls at school, etc.). The District shall deny any request that the Superintendent or principal reasonably predicts will disrupt the educational environment or any request that is prohibited by current legally binding custody documentation on file with the school.
A request by a parent to have a designee pick up or drop off his/her child shall be handled in accordance with district policies and rules governing this matter; however, the District shall deny any request that the Superintendent or principal reasonably predicts will disrupt the educational environment or any request that is prohibited by current legally binding custody documentation on file with the school.
The District prohibits on school property exchange of children for visitation purposes (i.e., exchanges that are condition of a custody order).
Section IV: Release of Student Educational Records
In accordance with the Federal Educational Rights and Privacy Act (FERPA), the District shall assume that both parents have equal rights to student educational records (as established by FERPA), including the right to authorize a designee access, unless:
- Restricted by current legally binding custody documentation on file with the school, or
- The District is aware that a student or his/her parent is participating in domestic violence or sexual assault program. In such cases, the District should contact its legal counsel to determine if any information from the student’s educational record should be released to the requesting parent/designee.
Section V: Responding to Parent/Guardian Disagreements
In the event that parents engage in a custody or visitation dispute on school property, a school official, if possible, shall remove the student from the dispute to ensure the child’s safety (e.g., escort the child inside the school building, move the child to the school office) and contact law enforcement.
Parent requests related to his/her child’s education shall be handled in accordance with applicable district policy except when the parent does not have authority to make such requests as stipulated in current legally binding custody documentation on file with the school. Neither parent has a fundamental right generally to direct how a public school teaches their child.
Unless by court order, the district will not be required to duplicate meetings to accommodate parental separation.
Adopted: 09/27/16
Reviewed:
Revised: