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Viewing Policy: BP 5021 – Noncustodial Parents



BP 5021

Students

 

Noncustodial Parents

 

The San Benito County Office of Education (SBCOE) recognizes the right of parents/guardians to be involved in the education of their children and desires to balance that right with the SBCOE’s need to ensure the safety of students while at school.

 

The parent/guardian who enrolls a child in a SBCOE school shall be presumed to be the child’s custodial parent/guardian and shall be held responsible for the child’s welfare.

 

School officials shall presume that both parents/guardians have equal rights regarding their child, including, but not limited to, picking the student up after school or otherwise removing the student from school, accessing student records, participating in school activities, or visiting the school.  When a court order restricts access to the child or to his/her student information, a parent/guardian shall provide a copy of the certified court order to the principal or designee upon enrollment or upon a change in circumstances.

 

In the event of an attempted violation of a court order that restricts access to a student, the principal or designee 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

6550-6552  Caregivers

GOVERNMENT CODE

810-996.6  Government Claims Act

6205-6210  Confidentiality of addresses for victims of domestic violence, sexual assault or stalking

 

Policy Adopted: 4-12-18