Jonathan F. (Jon) Duncan, Friday, October 01, 2010 | Filed under: Domestic/Custody Issues
Unfortunately, domestic and/or custody disputes arising off-campus frequently create difficulties on-campus. This is old news to experienced educators. There are many examples of the problem, but disputes commonly arise over a non-custodial parent's request to visit a child at school. School officials work overtime to read and abide by court orders, follow appropriate parental instructions and otherwise navigate thorny questions without clear legal guidance. Many school districts have policies providing helpful direction, but even well-drafted policies cannot anticipate and address every possible scenario in this context.
Although uncomfortable for everyone involved, these disputes rarely lead to litigation. Parents often threaten to "lawyer-up," but most ultimately find other solutions. However, a non-custodial parent in Iowa followed-up on her threat and sued a school district when she was denied daytime visitation with her child. She filed numerous claims against the school in federal court, most alleging constitutional violations. In a lengthy
opinion, the court rejected each of the parent's claims and dismissed the lawsuit. Among other helpful conclusions, the court noted that there is no constitutional right for a parent (custodial or otherwise) to visit a child during school hours.
Every case is obviously different and Iowa decisions are not binding in our region, but the court's analysis will prove helpful to schools making good faith efforts to balance the competing interests of disputing parents.