Notice and Consent When Parents Have Joint Custody


Question: What is a district obligated to do with regard to shared custody when requesting permission to evaluate? Can the district communicate with just one parent and rely on that parent’s response?

Answer: When parents have joint custody, notice to both parents is the right way to go, unless it is quite clear from a parent’s own written statement that he or she does not wish to play any role in the child’s education. When consent is required, consent from either parent is sufficient. Either parent can pursue a due process hearing.

Discussion: When a student has parents who are separated or divorced, questions regarding the special education process should be approached in two steps:

- First, what does the law require of a school district when dealing with an intact, two-parent family?

- Second, should the answer be any different in light of the fact that the parents are separated or divorced?

Often, the answer to the first question is the most important, because the law usually does not change when the parents are separated or divorced. Also, school districts should distinguish between notice and consent. The rules for notice are not the same as the rules for consent, so the answer may not be the same for notice questions as for consent questions.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© McNees Wallace & Nurick LLC | Attorney Advertising

Written by:


McNees Wallace & Nurick LLC on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.