A serious problem can occur when separated or divorced parents do not act in a mutually supportive or collaborative manner regarding the special education needs of a child. All rights under the IDEA apply to both parents unless a court order or state law specifies otherwise. Noncustodial parents will have the right to access all school records and participate in school IEP meetings. The good faith participation of parents in the IEP meetings is essential to writing workable IEPs for special education students. Even if parents disagree, there can be opportunities to resolve the disputes without bringing the process to a grinding halt.
In a dispute, the divorced parent who has sole legal custody of a child will have the final word on all decisions about the best interest of the child. Absent a court order or written agreement granting education decision making authority, the noncustodial parent cannot control consent for special education decisions.
When conflicted parents have joint legal custody they each share legal responsibility for decision about all significant issue related to the children. In high conflict joint custody cases, the court can be requested to issue an order specifying the authority for each parent to make special education decisions for the child.
