For purposes of this policy, the following definitions shall apply:
“Child” means any unmarried person under the age of 18 years who has not been emancipated by order of the court.
“Legal Custody” means a legal status created by a court which vests in a custodian of the person or guardian, whether an agency or an individual, the right to have physical custody of the child and the right and duty to protect, nurture, guide, and discipline the child and to provide him or her with food, shelter, education, and ordinary medical, dental, psychiatric, and psychological care.
“Legal Guardian” means an agency or individual which has been granted legal custody of the child or been granted educational guardianship.
“Parent” means a woman who gives birth to a child or a man whose consent to the adoption of the child would be required under Florida Statutes 63.062(1). If a child has been legally adopted, the term “parent” means the adoptive mother or father of the child. The term does not include an individual whose parental relationship to the child has been legally terminated or an alleged or prospective parent.
The following rules apply when releasing a student from school prior to the regularly scheduled dismissal time of the school, or as it relates to releasing a student to another party when the student is in the care of the school:
The principal or designee shall establish the identity and authority of any individual who seeks the release of a student from school. A student shall be released only to the parent(s) or legal guardian(s) of the student. If an individual other than the student’s parent(s) or legal guardian(s) requests release of a student, the principal or designee shall obtain the parent(s) or legal guardian’s consent prior to releasing the student.
A minor, married student may be released from school without the prior consent of the student’s parent(s) or legal guardian.
A minor student who is a single custodial parent may be released from school when an emergency condition exists involving parental care of the student's child without the prior consent of the student’s parent(s) or legal guardian.
A student who is 18 years or older may be released from school without the prior consent of the student’s parent(s) or legal guardian.
As a student who is under the age of 18 but has been emancipated by order of the court may be released without the prior consent of the student’s parent(s) or legal guardian. Notwithstanding the foregoing, absent (i) prior authorization from the parent(s) or legal guardian of the student; or (ii) a legally binding court order, no student shall be permitted to leave school prior to dismissal at the request of or in the company of anyone other than, (i) an authorized school employee; (ii) a law enforcement officer; (iii) child protective investigator, or (iv) other official acting in the exercise of his/her lawful authority. Prior to releasing a student pursuant to a court order, the principal or designee must have a copy of the order.
When parents are divorced or separated, both parents have full rights to participate in the student’s school activities and know what is happening at school unless there is a legally binding court order limiting that access. If such an order exists then the principal or designee must have a copy of the order. In the event the school receives conflicting direction from divorced or separated parents concerning a student, the school may rely on the direction of the parent identified by the following criteria, which are listed in order of priority: (a) First, the parent who is designated in a parenting plan or other court order as having either sole educational decision-making authority or sole parental responsibility of the student; or (b) Second, if both parents are designated as shared educational decision makers with shared parental responsibility, the parent who resides at the address specified in the parenting plan or other court order as the address to be used for school assignment purposes; or (c) Third, if no such parenting plan or court order exist or no such address is specified, the parent who resides at the address used by the school for student assignment purposes; or if this address cannot be ascertained, the parent who enrolled the student.
A student released at the regularly scheduled school time who rides a school bus home, shall only be permitted to ride their designated school bus from school. A student’s designated school bus shall be determined based upon the address used by the school for student assignment purposes. Any deviations from the policy described in this paragraph 7 shall be permitted; provided, however, such deviations shall be made by the Administration of the school or it’s designee on a case-by-case basis.
A parent(s) or legal guardian of a student, may visit the student, eat lunch with the student, attend a field trip or observe the student at their school in accordance with the school’s policy unless the administration or designee is provided a court order prohibiting such visits or granting sole parental responsibility for a child to one parent. If such an order exists then the principal or designee must have a copy of the order.
In the event a parent wants a stepparent, who is not the legal guardian of the student, to have the authority to visit the student, eat lunch with the student, attend a field trip or observe the student in their school in accordance with the school’s policy, the the parent must provide authorization in the school Student Information System in accordance with the school’s policies.
In the event the school receives conflicting direction from divorced parents concerning a step parent's access to a student as described in paragraph 2 above, and both parents have been designated in a parenting plan or court order as having shared parental responsibility, the stepparent shall not be permitted access to the student unless otherwise authorized pursuant to a court order. If such a court order exists, then the principal or designee must have a copy of the order.
All visitation and participation of parent(s), guardian(s), or stepparent(s), is subject to the requirement of the school background clearance system.
A parent(s) or legal guardian of a student should be provided copies of the student’s records when a request is made in writing unless the principal or designee is provided a court order prohibiting such access or only one parent is designated in a parenting plan or other court order as having either sole educational decision-making authority or sole parental responsibility of the student. If such a parenting plan or court order exists, then the principal or designee must have a certified copy of the parenting plan or order, as applicable.
In the event a parent wants a stepparent, who is not the legal guardian of the student, to be provided copies of the student’s records in accordance with paragraph 1 above, the parent must designate the stepparent in the Student Information System.
In the event the school receives conflicting direction from divorced parents concerning a step parent's access to a student’s record as described in this Section III and both parents have been designated in a parenting plan or court order as having shared parental responsibility and shared educational decision-making authority, the stepparent shall not be permitted access to the student’s records unless otherwise authorized pursuant to a court order. If such a court order exists, then the principal or designee must have a certified copy of the order.