5020: Rights of Custodial and Non-Custodial Parents

The ESU will honor the parental rights of natural and adoptive parents unless those rights have been altered by a court.

The term “custodial parent” refers to a biological or adoptive parent to whom a court has given primary physical and legal custody of a child, and a person such as a caseworker or foster parent to whom a court has given legal custody of a child.

The ESU will not restrict the access of custodial and non-custodial parents to their students and their students’ records, unless the ESU has been provided a copy of a court order that unambiguously prohibits access to the records or child by either parent. If the ESU is provided such a court order, ESU officials will follow the directives set forth in the order.

The ESU will provide the custodial parent with routine information about his or her child, including notification of conferences. The ESU will not provide the non-custodial parent with such information on a routine basis, but will provide it upon the non-custodial parent’s request unless it has been denied by the courts.

A non-custodial parent who wishes to attend conferences regarding his or her child will be provided information about conference times so both parents may attend a single conference. The ESU is not required to schedule separate conferences if both parents have been previously informed of scheduled conference times.

If either or both parents’ behavior is disruptive, staff members may terminate a conference and reschedule it with appropriate modifications or expectations.

Adopted on: June 8, 2009
Revised on: May 13, 2019
Reviewed on: November 14, 2011
Reviewed on: June 12, 2023