Parents have a fundamental right to make decisions regarding the education of their child. But, what happens when the interests of a child’s parents are not aligned or the child does not have a traditional parent, for example when the natural parent is absent or when parents are divorced and not in agreement? In these situations, schools often find themselves thrust into the middle of familial disputes, faced with practical questions like: who can attend meetings, who can check the student out of school, who can access records, and who is ultimately responsible for making educational decisions for the student? This presentation will examine custody and consent requirements under state and federal law, including the Individuals with Disabilities Education Act’s requirement of parent consent before special education assessment and the Education Code’s requirement of parental consent before implementation of the individualized education program, and arm school staff with the information they need to navigate this complex and murky area on a day to day basis.
