what are my responsibilities?

[Lovingmom1]

What is the name of your state (only U.S. law)? California

I've searched Ed Code and can't find information regarding my responsibilities here:

I have a student in my class who's parents are in the midst of a custody battle. It is messy, allegations of abuse, CPS involved, etc... The trouble is, I have not recieved documentation from the student's previous school. I am relying soley on the word of the father (who is also an employee of the school). Father says they share joint legal, but that he has primary physical. I have not seen court documentation.

Mother contacted me this week and has concerns and although I have not yet heard her side of the story, I'm sure it's coming. This is the first contact I've had with her, but am not denying any contact with her since I have not seen any paperwork instructing me (anyone) to do so.

For the time period until I see paperwork that instructs differently, I'm assuming that I should base my behavior on a joint legal, joint physical type of situation in which both parents should be involved and informed. Until I see paperwork that states otherwise...

These are my questions/concerns:

1. I'm assuming communicating with both parents via email is the best method, should I cc each parent with each communcation I have with the other parent?

2. Do I need permission from both parents permission for school events and functions (field trips, gang prevention or sex ed programs) or will one parent suffice?

3. Any other guidelines, rules or advice anyone can offer to make sure that I'm including both parents, representing my student fairly, and doing the "right thing"?

Thanks in advance!

 

[CSO286]

What is the name of your state (only U.S. law)? California

I've searched Ed Code and can't find information regarding my responsibilities here:

I have a student in my class who's parents are in the midst of a custody battle. It is messy, allegations of abuse, CPS involved, etc... The trouble is, I have not recieved documentation from the student's previous school. I am relying soley on the word of the father (who is also an employee of the school). Father says they share joint legal, but that he has primary physical. I have not seen court documentation.

Mother contacted me this week and has concerns and although I have not yet heard her side of the story, I'm sure it's coming. This is the first contact I've had with her, but am not denying any contact with her since I have not seen any paperwork instructing me (anyone) to do so.

For the time period until I see paperwork that instructs differently, I'm assuming that I should base my behavior on a joint legal, joint physical type of situation in which both parents should be involved and informed. Until I see paperwork that states otherwise...

These are my questions/concerns:

1. I'm assuming communicating with both parents via email is the best method, should I cc each parent with each communcation I have with the other parent?

2. Do I need permission from both parents permission for school events and functions (field trips, gang prevention or sex ed programs) or will one parent suffice?

3. Any other guidelines, rules or advice anyone can offer to make sure that I'm including both parents, representing my student fairly, and doing the "right thing"?

Thanks in advance!

What's school policy?

 

[CdwJava]

To protect yourself, you should really seek the guidance of a school administrator. How do THEY want you to proceed? What do the records that you currently have say? Do they indicate one parent for contact, or both? Is there a note in the current documentation indicating any of this?

I would strongly recommend that you get direction from your principal or his/her designee as that will cover your tail in case there is an existing order of some kind and one parent or the other raises a stink.

 

[Ohiogal]

And, even then, if the school administrators are NOT following the law you could find yourself in hot water legally. Following school policy if it is against the law MIGHT save you your job but it will not save you from legal problems. Can you contact the legal counsel for the school and ask them what the law requires.

 

[Humusluvr]

And, even then, if the school administrators are NOT following the law you could find yourself in hot water legally. Following school policy if it is against the law MIGHT save you your job but it will not save you from legal problems. Can you contact the legal counsel for the school and ask them what the law requires.

Along those lines, if you are in a union or school association, they often have legal help lines or "contact a lawyer" sites you can use for free, to ask questions. I know when I taught high school, I called the legal help offices a few times to make sure I was doing the legal thing.

 

[Lovingmom1]

To protect yourself, you should really seek the guidance of a school administrator. How do THEY want you to proceed? What do the records that you currently have say? Do they indicate one parent for contact, or both? Is there a note in the current documentation indicating any of this?

I would strongly recommend that you get direction from your principal or his/her designee as that will cover your tail in case there is an existing order of some kind and one parent or the other raises a stink.

Our school and district is a very unusual predicament at the moment. Our district is VERY behind the times, and there is NO written school policy. Yes, we are out of compliance. Yes, we could be in big trouble. Yes, we have administration that has dropped the ball. We recently had the current (and very incompetant) administration resign, and are searching for a replacement. In the meantime, a retired administrator has come back to help out, pretty much for discipline only. Current policies and laws are unknown. I asked him, and his response was, "that sounds good to me, if you're ok with that."

I know that we could all go on for days about the issues here...yes, my district, and state, and administration, and on and on sucks. But, I'm a teacher, and my job is to teach standards. While I"m doing that, I am still legally responsible for students, parents and the like. I tell my students, I have 2 jobs...1, to keep you safe. 2. to teach you what you need to know.

So, I'll seek out my union president and ask about our legal representation. I know we have one, know who she is, but need to know how to get in touch with her.

Thanks for your responses!

 

[I'mTheFather]

Maybe I'm missing something, but I don't really see the problem. The child must be registered, so start there.

Are both parents listed on the registration or contact form? If only one parent is listed, then that parent probably registered the child, and has the legal right to do so. If both are listed as parents, then either one can sign a permission slip. If the parents have joint legal, then it's the parents' responsibility to make sure the other parent knows, not the teacher's.

As far as copying the other parent on all emails, I don't think that's necessary. Heck, I don't even think it's wise unless you initiate the email. If you plan to email the parents about the child's progress in school, then send it to both. Anything else, I wouldn't even put in an email. I sure wouldn't send dad's replies to mom or vice versa. And I sure would do everything I can to avoid getting in the middle of the battle.

If you have HUGE concerns about the child, then invite both of them in for a conference.

Good luck!

 

[CdwJava]

Maybe I'm missing something, but I don't really see the problem. The child must be registered, so start there.

Are both parents listed on the registration or contact form? If only one parent is listed, then that parent probably registered the child, and has the legal right to do so. If both are listed as parents, then either one can sign a permission slip. If the parents have joint legal, then it's the parents' responsibility to make sure the other parent knows, not the teacher's.

As far as copying the other parent on all emails, I don't think that's necessary. Heck, I don't even think it's wise unless you initiate the email. If you plan to email the parents about the child's progress in school, then send it to both. Anything else, I wouldn't even put in an email. I sure wouldn't send dad's replies to mom or vice versa. And I sure would do everything I can to avoid getting in the middle of the battle.

If you have HUGE concerns about the child, then invite both of them in for a conference.

Good luck!

This can be a tricky area that can land the school and even the teacher into court if it is mishandled. I am thinking of the teacher here, and suggesting she speak with an administrator who can give direction. Following that direction will go a long way to keep the teacher out of trouble if one parent or the other wants to play games. Yes, it might involve the school sending home papers requesting new forms and copies of any court orders, but this is the responsibility of the Admin. and not the teacher.

These issues can be a royal pain for teachers.

 

[Humusluvr]

This can be a tricky area that can land the school and even the teacher into court if it is mishandled. I am thinking of the teacher here, and suggesting she speak with an administrator who can give direction. Following that direction will go a long way to keep the teacher out of trouble if one parent or the other wants to play games. Yes, it might involve the school sending home papers requesting new forms and copies of any court orders, but this is the responsibility of the Admin. and not the teacher.

These issues can be a royal pain for teachers.

I totally agree. And the situation gets aggravated when the relationship between the parents is contentious, physically abusive, or filled with legal suits.

The administrator CANNOT bow out of this. They are NOT just "there for discipline." There are certain duties the administrator holds here, that they HAVE to take care of. And making sure things are done legally is one of them. Cover your butt (as it looks like you are doing), and make sure the school covers theirs. If it doesn't smell right, take this the next step up to the superintendent or the school's attorney.

 

[CdwJava]

I totally agree. And the situation gets aggravated when the relationship between the parents is contentious, physically abusive, or filled with legal suits.

The administrator CANNOT bow out of this. They are NOT just "there for discipline." There are certain duties the administrator holds here, that they HAVE to take care of. And making sure things are done legally is one of them. Cover your butt (as it looks like you are doing), and make sure the school covers theirs. If it doesn't smell right, take this the next step up to the superintendent or the school's attorney.

Ditto!

The teacher's job is the delivery of service in the classroom. The teacher should not be distracted by issues of legality and access such as this.

 

[Humusluvr]

Ditto!

The teacher's job is the delivery of service in the classroom. The teacher should not be distracted by issues of legality and access such as this.

on the other hand, it doesn't seem to be something teachers can escape. In this increasingly litigious society we live in, teachers have to cover their butts on a daily basis. Hence, the reams of paperwork we have to complete, even for the most mundane things.

If only being a teacher meant just teaching, darnit. In addition, teachers have to be cops, parents, doctors, cooks, lawyers, psychologists, social workers, accountants, and basically a one-person wonder woman (or man).

I totally feel the OP's pain. And I admire teachers who ask questions, rather than making mistakes first and having to beg for forgiveness.

 

[CdwJava]

Yep.

My wife has been assaulted in an elementary school classroom and there was nothing the school could do because his outbursts were covered in an IEP!!! But, the po-po and the courts could give a darn about his IEP so we hooked the kid up after the 2nd assault and returned him to mom and dad. At that point, the school had to take some measures to address safety in the classroom. (Yeah, I took exception to her being hit by a chair ...)

 

[Humusluvr]

Yep.

My wife has been assaulted in an elementary school classroom and there was nothing the school could do because his outbursts were covered in an IEP!!! But, the po-po and the courts could give a darn about his IEP so we hooked the kid up after the 2nd assault and returned him to mom and dad. At that point, the school had to take some measures to address safety in the classroom. (Yeah, I took exception to her being hit by a chair ...)

There has to be a balance between providing a safe working environment for your wife, and an educational setting for students, that doesn't involve someone getting hurt. Violence should never be acceptable as "Little Johnny didn't know any better."

 

[Lovingmom1]

Maybe I'm missing something, but I don't really see the problem. The child must be registered, so start there.

Are both parents listed on the registration or contact form? If only one parent is listed, then that parent probably registered the child, and has the legal right to do so. If both are listed as parents, then either one can sign a permission slip. If the parents have joint legal, then it's the parents' responsibility to make sure the other parent knows, not the teacher's.

As far as copying the other parent on all emails, I don't think that's necessary. Heck, I don't even think it's wise unless you initiate the email. If you plan to email the parents about the child's progress in school, then send it to both. Anything else, I wouldn't even put in an email. I sure wouldn't send dad's replies to mom or vice versa. And I sure would do everything I can to avoid getting in the middle of the battle.

If you have HUGE concerns about the child, then invite both of them in for a conference.

Good luck!

I would respond in detail to these queries, but it looks as if they have already been sufficiently addressed before I logged on.

It's not about "getting in the middle". It's about staying out of the middle, fascilitating appropriate and legally correct communication with both parents, and making sure that the student is fairly represented.

It may sound trivial to you, but I am seeking out answers before I have an issue. I'd rather do it right the first time, rather than seek forgiveness because I didn't have the foresight to ask a few questions.

 

[Lovingmom1]

on the other hand, it doesn't seem to be something teachers can escape. In this increasingly litigious society we live in, teachers have to cover their butts on a daily basis. Hence, the reams of paperwork we have to complete, even for the most mundane things.

If only being a teacher meant just teaching, darnit. In addition, teachers have to be cops, parents, doctors, cooks, lawyers, psychologists, social workers, accountants, and basically a one-person wonder woman (or man).

I totally feel the OP's pain. And I admire teachers who ask questions, rather than making mistakes first and having to beg for forgiveness.

Oh, wouldn't that be nice? I'd love to JUST be a teacher!

Thank you for your answers..I have emailed my union president.