How state, local, and federal laws relate to school leadership

Federal Laws

Public schools are increasingly facing new challenges in today's present-day society, such as privacy laws, food allergies, increased student violence, and, discipline of students, increased psychological problems, custody procedures. It is important for schools to be preventative, have policies in place and train their staff for any concerns that may arise. For example, one school has the following policy for parental custody:

When annulment, divorce or legal separation affects a child, it is important for the school district to have the information necessary to make appropriate decisions regarding the child's school program and parent involvement with the schools. Parents are encouraged to provide the school principal with court-related documents that provide information on residency, legal custody, physical placement arrangements and any restrictions thereof, educational decision-making authority and other matters relevant to the school district. The Mellen School District shall maintain strict neutrality between parents who are involved in an action affecting the family, unless otherwise directed by a court order, parenting plan or other court document. Either parent may view their child's school records, receive school progress reports and school mailings, attend parent/teacher conferences and visit their child at school unless the parent has been denied periods of physical placement with the child or a court order, parenting plan or other court document provides otherwise.

The school principal shall not allow a parent to remove a child from school if the school has been notified that the parent has been denied periods of physical placement with the child by court order, parenting plan or other court documents.

Unfortunately, our school also had this problem arise this year, and we were not prepared. When school first started this year, we had a non-custodial parent pick up her child from the school campus without permission. Although the child was living with the father, the mother had left the family and was living in another state. There was no custody agreement, so technically she had every right to take her own child.

I was not on duty that morning, but those teachers present were taken off guard. They took appropriate action by notifying the principal who, in turn, called the local police and sheriff's office. The father was contacted by cell phone, but the police were unable to reach the mother and child until they were out of the state.

The staff had talked about this type of incident taking place, but was not prepared for its eventuality. However, the positive side was that the principal conducted more intense training about what to do if this ever happened again. She had local law enforcement come in and explain such and parental rights -- what could and could not be done.