J-390 Child Custody-Parental Access

Written By Zack Brewer

Updated at July 27th, 2024

Section J:

 

 

Students

Knox County Board of Education

Descriptor Term:

 

Child Custody/Parental Access

Descriptor Code:

J-390

Issued:

10/96

Reviewed:

12/23

Revised:

1/22

The Board presumes that the person who enrolls a student in school is the student's custodial parent or
legal guardian. Unless a Tennessee court, or other recognized state court of competent jurisdiction,
specifies otherwise, the custodial parent/legal guardian shall be the one whom the school district holds
responsible for the education and welfare of that child.

Parents or legal guardians shall have the right to receive information contained in school records
concerning their minor child. The Board, unless informed otherwise, assumes there are no restrictions
regarding the noncustodial parent's right to be kept informed of the student's progress through educational records. If restrictions are made relative to the rights of the non-custodial parent, the custodial parent shall be requested to submit a certified copy of the court order which curtails these specific rights. With regard to parents/legal guardians who are divorced, separated, and/or parents who have never been married, it shall be the responsibility of both parents/legal guardians to provide the school an accurate copy of the current applicable Parenting Plan.

Unless there are specific court-imposed restrictions, the non-custodial parent, upon request, shall be given access to all of the student's educational records including but not limited to the student's cumulative file and the student's special education file, if applicable.

No principal or teacher shall permit a change in the physical custody of a child at school unless:

  1. The person seeking custody of the child presents the school official with a certified copy of a valid
    court order from a Tennessee court, or other recognized state court of competent jurisdiction,
    designating the person who has custody of the child; and
  2. The person seeking custody gives the school official reasonable advance notice of his/her intent
    to take custody of the child at school

 

 

 


Legal References:

  1. T.C.A. § 36-6-201, et seq.
  2. 20 U.S.C. § 1232g (Family Educational Rights and Privacy Act of 1974).
  3. T.C.A. § 49-6-902.
  4. T.C.A. § 36-6-105.

Approved as to Legal Form
By Knox County Law Director 11/17/2023
/Gary T. Dupler/Deputy Law Director

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