Question: IDEA Parent Rights and Divorce - Can Non-Custodial Parents Participate?
Many parents of children with disabilities worry about how special education decisions will be made after a divorce and wonder if the non-custodial parent can participate. Does a non-custodial parent have IDEA parent rights to participate in educational decision making after a divorce?
Answer: Some court cases have ruled that divorced non-custodial parents are not entitled to IDEA parent rights after a divorce and cannot participate in educational decision making unless there is an amicable agreement between the parents to make those decisions together. Further, 34 CFR 300.30(b)(1) states that a biological parent does not have IDEA parent rights to make educational decisions for the child if they do not have the legal authority to do so. However, some federal courts have ruled that non-custodial parents have some rights to educational decision making. It is best to address this issue with your attorney to determine the manner in which your jurisdictions have decided this matter.
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