March may come in like a lion and go out like a lamb, but that's nothing compared to the magic summer pulls on kids by ending before it seems like it even started. Weeks of camp and days spent playing by a lake or an ocean vanish in a blur as back-to-school season arrives in a flurry of school-supply commercials and well-intentioned but poorly received welcomes from each child's school.
While having their kids back in a classroom can serve as a vacation of sorts for parents, the new school year can contain legal uncertainties for both you and them to deal with. Some may only deal with minor issues, but others can have a profound effect on your child's well-being going forward. Let's take a look at the potential legal situations it pays to be prepared for before this year's first day of school rolls around.
Factoring in Custody Issues
It's a simple fact that not every family situation is going to involve kids living under the same roof with both parents. Divorced parents, a death, or a mother and father who were never really together in the first place can result in kids living with one parent or in a shared custody arrangement.
Parents who aren't together still have a shared responsibility to provide for their kids and be part of the child's life. For some, this may go no further than paying child support through court orders. If you're parenting with sole custody, make sure the school is aware that you and you alone have the right to make legal decisions concerning your child. Be prepared to show court documents that support this.
When sharing a child custody arrangement with the other parent, it's important for both of you to be on the same page regarding your child's needs regarding school. Co-parenting apps can provide a shared calendar to make sure their schedules for drop-offs, pick-ups, important dates, school events, and parent-teacher conferences are covered.
If the other parent isn't holding up their end of the child custody agreement, consider getting assistance from a family law attorney.
Liability Waivers
Warm up your wrist, because returning to school means parents are going to be signing things - a lot of things. There are waivers needed for field trips, taking medication, being part of extracurricular activities like sports, theater, or band, and so on.
While they aren't the most interesting reading in the world, try to take the time to go over each one. Make sure you understand what rights you may be signing away. Most school waivers are written in good faith, but they are designed to protect the school from liability. Putting aside a few hours to familiarize yourself with the details before signing is a good idea.
Social Media Policies
It's a sign of the times that most school districts now have social media policies in place. This means your child may have to sign an agreement covering potential online issues, such as cyberbullying, stalking, and other illegal behavior. As a parent, it's a good idea to look at anything your child is expected to sign before they do so.
A school's policy should outline the steps it takes to address illegal online activity and what types of punishments or sanctions offenders may face. It can also serve as an outline for unacceptable behavior to explain to your child.
Truancy
Children are required to attend school or have a viable reason not to. If their truancy becomes pronounced, repercussions can follow. It's common for a school district to reach out to the parents of a child who is missing too much school. This can serve as an alert to the unwary or a way to let the parents know they need to help on their end.
In extreme cases, parents can be held responsible for the child's truancy. The ultimate goal is to have the child in school to receive an education, so punitive measures are a last resort.
Drug and Alcohol Use
Any drug or alcohol use by a minor is illegal, so it's not surprising that schools have a no-tolerance policy in place. Given that a violation can lead to suspension or expulsion, making sure your child doesn't engage in drinking or drug use is your responsibility as a parent.
Drug testing in public schools is permitted in certain situations through parameters set by several U.S. Supreme Court decisions. Private schools can set any drug-testing rules they like, which are approved by a parent when they sign a binding agreement for their child to attend. Unlike public schools, a child isn't required to attend a private school and thus can't contend that a drug and alcohol policy violates their Fourth Amendment rights.
Some extracurricular activities will have agreements forbidding drug and alcohol use by those who wish to participate. While laws vary by state, most permit this sort of exclusive policy.
Injuries and Medical Attention
Most kids will scrape a knee, fall off the monkey bars, or catch a kickball with their face instead of their hands during their school years. Mishaps and minor injuries are common. Parents are often expected to sign healthcare release waivers that allow the school nurse to tend to their child's minor wounds, dispense medication, and have the authority to make a pressing medical decision if the parents can't be reached in an emergency.
As with other waivers, schools are looking to protect themselves from liability. In most instances, they're also acting in good faith. This doesn't mean you shouldn't read before you sign. It's okay to ask about the nurse's qualifications, what the hierarchy for medical decisions is, and any other concerns you have before signing.
Drop-Offs and Pick-Ups
While they may seem like one of the circles of Hell, school drop-offs and pick-ups are designed and conducted with efficiency and safety in mind. That doesn't make them any less frustrating or irritating, but it's important to remember that you're in a location with a large number of children milling about.
Obey the traffic laws. Be wary of crosswalks, keep an eye out for children darting to and fro, and try to keep your temper in check. Yes, it's annoying when someone isn't moving up or tries to cut the line, but is it worth facing assault charges or ending up at a body shop for car repairs?
School Daze
Raising a child isn't easy. Trusting a school and your child's teacher to educate and protect them while they're away from you is not much easier, nor is getting into each year's back-to-school transition. If dealing with school issues or waivers ever threatens to become overwhelming, consider speaking with a family law attorney for legal advice.
Related Resources
- How Do You Sue a School District? (FindLaw's Law and Daily Life)
- Top 5 Questions About Legal Liability Waivers (FindLaw's Law and Daily Life)
- Child Custody Basics (FindLaw's Child Custody Law)
