Policy 5.73

Parental Rights Involving Access to Student Information and Educational Decision Making

1. Purpose. The Board recognizes that students often do not live with both parents. Consistent with School Board Policy 1.015 (Parent/Family Involvement), the Board recognizes that student achievement is furthered by the participation of both parents in the educational process, to the extent appropriate. This policy governs both physical access to students while on school property, access to a student's education records and other information, and educational decision making concerning students.

2. General Statement of Policy.  Federal and state laws generally allow either parent (as the term "parent" is defined in Florida Statutes § 1000.21 (5)),to make educational decisions on behalf of a minor student, absent an enforceable court order modifying or limiting the rights and responsibilities of either parent. If such an order exists, or if a parent desires that a school comply with a divorce decree, custody order or restraining order, the School Principal shall be provided with a certified copy of the signed decree or order in accordance with sub-section (c) below.

   1. Unless the person meets the definition of parent within § 1000.21 (5), the District will not recognize step parents, other family members and caregivers, who are not legal guardians, as having the same rights as parents to make decisions, to have access to school records, and to have the child released to them during the day. Parents may provide written consent, such as through a student pick-up/contact list, for these individuals to have access to students and pick up students during the school day; and parents may provide written consent for such individuals to have access to student education records.

   2. With the exceptions of military powers of attorney issued to a military member during deployment pursuant to 10 U.S.C. § 1044b, the District's Affidavit of Person Acting as Parent PBSD form 1543, or any federal or state laws, the School District will not accept powers of attorney, parent notes, notarized statements or documents other than valid court orders as evidence of legal custody of a child or legal decision-making authority.

   3. Each parent has the right to pick up, visit, and meet with the student at his or her school without interference of or the need for consent from the other parent, unless the school has been provided an enforceable, certified court order to the contrary. The School District will abide by enforceable "no contact orders" which have been provided to the school.

3. Required Documentation. Along with the student registration form (PBSD form 0636 --"New And Returning Student Registration," as specified in School Board Policy 5.011), parents shall provide the student's school, and after school program (if applicable), with a certified copy of the most recent enforceable court orders, judgments, or decrees (such as from a dissolution of marriage or domestic violence proceeding) affecting parental rights and responsibilities in relation to their minor children students. In particular, if one parent is seeking to control the access of the other parent to their child(ren), school officials shall require the parent seeking control to provide a certified copy of the court order(s) that specifically addresses the access issue. It is the parent's responsibility to ensure that the school, and after school program (if applicable), have copies of up to date court orders or any other legal document that outlines specific rights and responsibilities of the parent(s).  In releasing a student to a person, if the school or after school program is not certain of the identity of the person, the school or program shall ask for identification and a copy shall be maintained.

4. Parental Access and Consent.

   1. Although both parents generally share equal rights as to their minor students, the student's school shall initially attempt to contact the parent who registered the student to obtain valid consent regarding educationally related activities unless a valid court order states otherwise. In the event of a medical emergency, either parent may provide consent for treatment.

   2. When an enforceable court order, judgment, or decree specifies that parental responsibility for a minor student be shared by both parents, the School District and school shall provide both parents equal rights in relation to that student accorded them under the law and under School Board policies, unless the enforceable court order, judgment, or decree specifies that one of the parents has the sole right to make educational and/or general welfare decisions for the student.

   3. If a court awards shared parental responsibility without specifying a particular parent as making educational decisions, and the parents cannot agree on making a significant decision affecting the student in the educational environment or on matters affecting the health, safety, or welfare of the student, the School District shall take a course of action based on what it considers to be in the best interests of the child,

   4. Both parents, as defined within 34 C. F.R. § 99.3¹, have equal rights to request and inspect the education records of their student who is a minor or a dependent adult pursuant to law, absent an original or certified copy of a binding legal document or enforceable court order to the contrary. Under certain circumstances, the school or District may deny the parent access to certain student information or student education records to protect the safety of the child.

5. Access Limits Due to Safety or Disruption Concerns.

   1. When visiting their child's school all parents shall:

      1. Check-in with the school office and obtain permission before proceeding to a classroom or other area of the school, in accordance with School Board Policy 2.06.

      2. Comply with all School Board policies.

      3. Not take any action that disrupts the educational process.

   2. The School District may deny or impose restrictions to access to school grounds to parents who appear on the Florida Sex Offender Registry. Pursuant to HB 119 (2010) within Florida Statutes § 856.022, if a person (including a parent) is considered a sexual offender or a sexual predator, all of the following apply to the person at a school (although a school does not include facilities dedicated exclusively to the education of adults) unless the person is only dropping off or picking up his/her own children or grandchildren at school or, if the school is a voting location, the person is present for the purpose of voting during designated voting hours:

      1. Before the person is present in school or on property of any school when the school is in operation, the person must have previously provided written notification of his/her intent to be present to the school board, superintendent, or principal.

      2. The person must notify the school principal's office when he/she arrives and departs the school.

      3. The person must remain under direct supervision of a school official or designated chaperone when present in the vicinity of children. A "school official" means a principal, a school resource officer, a teacher or any other employee of the school, the superintendent of schools, or a member of the school board.

      Additionally, pursuant to HB 119 (2010) within Florida Statutes §§ 856.022, 947.1405 and 948.30, unless the person is only dropping off or picking up his/her own children or grandchildren at school or attending a religious service, a person who is a releasee from certain criminal offenses or if the releasee has not been removed from the requirement to register as a sexual offender or sexual predator, the person is prohibited from visiting schools without prior approval from the releasee's supervising officer.

   3. The School District may deny parents, regardless of custodial status, access to the student and to school property if the parent is the subject of a restraining order or other court order prohibiting the parent from having contact with the student or being present on school grounds.

   4. The School District may deny parents, regardless of custodial status, access to the student and to school property; if the parent is restricted by court order from having unsupervised visitation with the child.

   5. The School District may limit or deny access to school property to any person who interferes with school operations, causes a disruption, fails to follow directions or school staff members, or in any way raises safety or security concerns in the school environment. The school or School District may act immediately if the conditions within Florida Statutes § 810.097 exist. Additionally, as a result of this disruptive conduct, the School District or school may send the parent a no trespass letter that advises the parent that, absent consent from the school or School District, that parent will be considered a trespasser under Florida Statutes § 810.097 if the parent in the future goes onto school grounds.

6. This policy shall be interpreted consistently with the provisions of School Board Policy 5.011, as it may be amended, relating to student residency enrollment requirements, as well as with any requirements within federal or state law.

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¹Under this federal regulation, "Parent means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian."