Midwest Education Law

On October 1, 2010, we reported on a non-custodial parent's lawsuit against a school district in Iowa.  Arguably trying to supplement visits allowed by a divorce decree, the mother sought access to her children during the school day.  She sued because the school denied at least some of her requests.  At that time, the federal trial court rejected the mother's constitutional challenges and ruled in favor of the school district.  

The mother subsequently appealed to the federal court that covers Missouri, among other states.  The appellate court affirmed the trial court's opinion and ruled in favor of the school.  Specifically, the court rejected the mother's argument that she has a constitutional right to "unfettered access" to her children during the school day.  Even if a parent has such right, the court ruled that the mother's rights were limited by a reasonable interpretation of the divorce decree establishing visitation arrangements.  The court also noted that disputes about visitation terms could be presented to and modified by the domestic court. 

While the case arose in the context of a custody dispute, the opinion provides helpful language about general parental demands of access.  The case also provides a good reminder about the importance of policies addressing this often emotional subject.