Family Code

Family Code

Parents are partners with educators, administrators, and school district Boards of Trustees in their children’s education.  Parents shall be encouraged to actively participate in creating a positive, effective learning environment for their children at school. 

“Parent” includes a person standing in parental relation.  It does not include a person whose parent-child relationship has been terminated under a court order or a person not entitled to possession of or access to a child. 

In Family Code situations, the campus role will be to follow the guidelines below, always abiding by the most current documentation provided to them. 

 

General Rights and Duties of Parents

 Married Parents

Married parents have:

  • Equal right to direct education
  • Equal right to access to, and possession of, child
  • Equal right to consent to special education services

Separated Parents

Separated parents have:

  • Equal right to direct education, absent court order to the contrary
  • Equal right of access to and possession of child, absent court order
  • Equal right to consent to special education services, absent court order

Divorced Parents

Managing Conservator

  • Has physical possession of child, except during visitation by possessory conservator
  • Has duty to provide for education of child
  • Managing Conservator designates list of people authorized to be contacted in emergency, or those who may remove the child from school.
  • Managing Conservator cannot deny noncustodial parent the right to be contacted about child’s education, absent court order.
  • Managing Conservator can tell school not to release student to possessory conservator as long as court order does not begin a period of possession at school, or contain other contrary language.

Possessory Conservator

  • Has Possession of child at designated times only (visitation)
  • Parental Powers and duties are in force only when in possession of child

Joint Managing Conservators

  • Court decree defines who has a right of possession and duty to provide education.  Read the court order to determine everything except residence of child for school purposes        
  • Minimal disruption of schooling, daily routine, and association with friends must be included in court order because it is in the best interest of the child

Enrollment of Students in School

The parent must be a resident of the school district as stated in Board Policies FDA and FDA (Local). According to case law residency means that the parent and student must actually live in a domicile and intend to remain there. Note that if one parent resides in the district and that person’s parental rights are intact or they are a joint managing or possessory conservator as stated in a divorce decree, the student may enroll even if the student does not live in the district, but the parent who lives in the district must enroll the student and provide verifiable proof of residency. If that parent is not the custodial parent, the custodial parent must enroll the student but the parent residing in the district must be present. If you are confused when a parent attempts to enroll a student, call Pupil Personnel at 989-4445 or 4447.

Parent designates contact persons and those persons who are authorized to pick children up at school. 

Non-custodial Parent can designate his/her rights to another individual through a fully completed district power of attorney. 

Discipline

  • Married Parents – Either parent may participate
  • Managing Conservator – May participate, absent any contrary court order
  • Possessory Conservator- May participate, absent any contrary court order
  • Joint Managing Conservator- Either parent may participate, Parents must exchange information; and school concur, absent court order to the contrary

Visitation at School

  • All parents have general right of access, absent court order to the contrary.
  • If allowable and in accordance with all campus rules and procedures for visitors - Any parent may see, talk with, have lunch with, visit teachers of his/her child, and attend parent functions, absent court order to the contrary.  Again, following all campus rules that deal with campus visitors.
  • No parent may cause substantial disruption of class or school.  Follow campus rules that deal with campus visitors.
  • Non-custodial parent may not leave campus with a child, unless it is done so after school because court begins period of possession after school.

Removal of Child From School

  • Married parents – equal right to pick up child, absent contrary court order
  • Managing Conservator – Has right to remove child from school
  • Possessory conservator – No right to remove child without approval of managing conservator, a custody order that begins period of possession immediately after school, or court order to the contrary.  (Standard possession order may begin Wednesday and weekend possession at end of school day.
  • Joint Managing Conservators – Both parents have right to remove child, absent court order which defines periods of possession or specifies to the contrary
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