1 of 31

STUCK IN THE MIDDLE WITH YOU? ��MASE FALL CONFERENCE�OCTOBER 21, 2024

Laura Tubbs Booth

ltb@ratwiklaw.com

2 of 31

AGENDA

Topic 1 – Who may Exercise Parental Rights?

Topic 2 – Custody – The Basis of Parental Rights

Topic 3 – Marriage, Separation, And Divorce

Topic 4 – Parental Access to Student Records

Topic 5 – Separate IEP Meetings?

Topic 6 – Limiting Student Interaction with Non-Custodial Parent

Topic 7 – Addressing Parental Hostility in the School Setting

Topic 8 – Dealing with Difficult Parents in the Special Education Context

3 of 31

TOPIC 1 – WHO MAY EXERCISE PARENTAL RIGHTS?

4 of 31

WHO IS A PARENT?

The term “parent” refers to a biological parent, adoptive parent, or legal guardian.

Minn. Stat. § 120A.22, subd. 3; Minn. Stat. § 121A.41, subd. 6.

​

5 of 31

WHO IS A GUARDIAN?

An individual appointed by the court to act as a child’s parent, if both parents’ parental rights have been terminated or they are deceased.

Minn. Stat. § 260C.325, subd. 1.

6 of 31

DELEGATION OF PARENTAL RIGHTS

A parent or legal guardian may delegate parental rights of minor children by properly executed power of attorney.

Minn. Stat. § 524.5-211.

7 of 31

TOPIC 2 – CUSTODY: THE BASIS OF PARENTAL RIGHTS

8 of 31

WHAT IS CUSTODY?

Legal Custody – Right to determine child’s upbringing (education, health care, religion).

​

Physical Custody – Routine daily care and control of the residence of the child.

​

9 of 31

JOINT CUSTODY

Joint legal custody – Equal rights and responsibilities, including the right to participate in major decisions.

​

Joint physical custody – Routine daily care and control of the residence of the child structured between the parents.

​

10 of 31

TOPIC 3 – MARRIAGE, SEPARATION, AND DIVORCE

11 of 31

MARRIED PARENTS

  • Districts must assume that both parents have full parental rights and share decision-making authority.
  • Even if parents are “separated” but still legally married.

12 of 31

DIVORCED PARENTS

  1. Common rights of non-custodial parents
  2. Joint Custody and educational decision-making
  3. Disputes between parents with joint legal custody.

13 of 31

TOPIC 4 – PARENTAL ACCESS TO STUDENT RECORDS

14 of 31

EQUAL ACCESS TO STUDENT DATA

FERPA & Minnesota Law provide full right of access to records to both parents.

15 of 31

RESPONDING TO PARENT REQUEST TO LIMIT ACCESS TO DATA

A district should request a court order to limit access of one parent to student data.

16 of 31

PARTICIPATION IN A CUSTODY PROCEEDING

Subpoena – contact legal counsel.

17 of 31

PARENTAL AUTHORIZATION OF OTHER INDIVIDUALS

  • Parents may designate in writing an “additional adult” to attend school conferences.
  • Data relevant to the conference discussions may be released to that individual.

18 of 31

RELEASE OF DATA ABOUT EX-SPOUSE

  • Data on parents is private and should not be released to ex-spouse.

​

  • Burks v. Metro Council

19 of 31

TOPIC 5 – SEPARATE IEP MEETINGS?

20 of 31

SEPARATE MEETINGS NOT REQUIRED

  • Both parents have a right to attend school events and conferences.
    • School district is not required to hold separate conference or IEP meeting for divorced or separated parents.
  • Tense situations – school should try to accommodate their situation.

21 of 31

TOPIC 6 – LIMITING STUDENT INTERACTION WITH NON-CUSTODIAL PARENT

22 of 31

LIMITING STUDENT INTERACTION WITH NON-CUSTODIAL PARENT

  • Establish protocols for who can come to school
  • Recognize sole legal and physical custody
  • Orders of Protection

23 of 31

TOPIC 7 – ADDRESSING PARENTAL HOSTILITY IN THE SCHOOL SETTING

24 of 31

ADDRESSING PARENTAL HOSTILITY IN THE SCHOOL SETTING

  • Maintain Neutrality with Divorced Parents
  • Removal from District Property

25 of 31

TOPIC 8 – DEALING WITH DIFFICULT PARENTS IN THE SPECIAL EDUCATION CONTEXT

26 of 31

LEGAL OBLIGATION

  • IDEA – Meaningful participation in the IEP process.

​

  • Different Obligation to Child vs. Parent

27 of 31

PARTICIPATION BY DIVORCED PARENTS

Parental rights under the IDEA apply to both parents unless a court order or state law specifies otherwise.

28 of 31

TACTICS FOR CONDUCTING AN APPROPRIATE AND EFFECTIVE IEP MEETING

  1. Identify and Analyze the parents’ issues.
  2. Review facts and legal standards.
  3. Educate and prepare the team about relevant law.
  4. Draft an agenda for the meeting.
  5. Develop a “draft” IEP to bring to meeting or send to parents before the meeting.

29 of 31

CONDUCTING THE IEP MEETING AND CONSIDERING PARENT REQUESTS

  • Initial Impressions
  • Interpersonal Communications
  • Review the agenda / Set time parameters
  • Avoid acronyms and special education jargon
  • Present any “draft’ IEP
  • Do not read documents
  • Keep it positive

30 of 31

CONDUCTING THE IEP MEETING AND CONSIDERING PARENT REQUESTS CONTINUED…

  • No Blanket Statements
  • Focus the discussion on the Student.
  • Do not reject any written materials from the parents.
  • Consider additional evaluation.
  • Administrators may not usurp the team’s authority.

31 of 31

WHAT TO DO WHEN THE GOING GETS TOUGH

  1. Parents’ “bottom line”
  2. Focus on the student, not the parent
  3. Redirection
  4. Address personal attacks
  5. Agree to disagree
  6. Take a short break
  7. Alternative dispute resolution
  8. Dealing with advocates