Parental Education Rights
Access by Non-Custodial Parent
Any natural or adoptive parent has all rights of a parent unless his/her rights are altered by the courts. The Lincoln Public Schools will not arbitrarily alter these rights.
If the parents are divorced and the custodial parent requests that the non-custodial parent be denied any of these rights, the school administration should honor that request only if the custodial parent provides a court order or divorce decree that denies the non-custodial parent these rights. If that written information is not provided, it should be assumed that the court is allowing both parents equal access to the child and the child’s records. If a court order is provided, the school administration should follow the directive stated in it and such additional directives regarding access to the child provided by the parent with legal custody and that are consistent with a court order.
The custodial parent should receive routine information about his/her student including notification of conferences. The non-custodial parent need not receive this information on a routine basis. However, if the non-custodial parent requests this information and his/her right to it has not been denied by the courts, it should be provided.
If the non-custodial parent wishes to attend conferences regarding his/her child, that parent should also be provided with conference times so both parents may attend a single conference. It is not required to schedule separate conferences if both parents have been previously informed of appointed conference times.
If the behavior of either or both parents is not conducive to good communication, staff members are not expected to continue a conference but should reschedule with appropriate modifications or expectations. Related to visiting children at school, attempts will be made to accommodate both parents. However, in cases of concern and dispute between parents, the custodial parent’s directive will be followed. Parents will be asked to resolve issues of child visitation at school outside of the school setting.
The term, “custodial parent”, also refers to any individual (e.g., caseworker) who has been given legal custody of the child by a court.