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.
(cf. 5125 - Student Records)
(cf. 5142 - Safety)
(cf. 6020 - Parent Involvement)
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.
(cf. 5141 - Health Care and Emergencies)
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 Reference:
EDUCATION CODE
48204 Residency requirements
49061 Definitions
49069 Absolute right to access
49091.10-49091.19 Parental review of curriculum and instruction
49408 Emergency information
56028 Definition, parent for special education
51100-51102 Parent/guardian rights
FAMILY CODE
3002 Joint legal custody, definition
3006 Sole legal custody, definition
3025 Parental access to records
GOVERNMENT CODE
810-996.6 Government Claims Act
6205-6210 Confidentiality of addresses for victims of domestic violence, sexual assault or stalking
Management Resources:
WEB SITES
CSBA: http://www.csba.org
California Association of Supervisors of Child Welfare and Attendance: http://www.cascwa.org
California Department of Education: http://www.cde.ca.gov
Policy NEWPORT-MESA UNIFIED SCHOOL DISTRICT
adopted: September 8, 2009 Costa Mesa, California