Custody/Residency

 

CUSTODY

Student Enrollment and Custody Guidelines

Norfolk Public Schools is committed to ensuring that all students are enrolled appropriately and that legal rights regarding custody and school participation are respected. Please review the following guidelines regarding student enrollment and custody documentation:

Court-Ordered Restrictions

In cases where a court order prohibits a natural parent from having contact with their child, that parent’s ability to enroll or interact with the student at school will be restricted in accordance with the order.

Enrollment by Relatives (Non-Natural Parents)

•          Relatives who are not natural parents must provide proper documentation before enrolling a student. This includes:

                    o   A COURT order signed by a Judge granting physical custody or

                    o   Supporting kinship care documents

•           Required documentation must be submitted to the zoned school for review. 

Military Power of Attorney (POA)

•           Norfolk Public Schools only accepts a “Military Power of Attorney” for temporary custody purposes. The student’s parent must be in the military and the student must be living with a non-custodial parent or other person standing in loco parentis, not solely for school purposes.

•           The Military POA must be accompanied by matching military orders.

•           Individuals granted custody through a Military POA must present these documents directly to the school when enrolling the student.

Rights of Noncustodial Parents

•           Unless restricted by a court order, noncustodial parents have the right to:

                  o Be included on the student’s contact list

                  o Participate in their child’s school-related activities

•           It is the responsibility of the custodial parent to provide a copy of any court order that limits or removes these rights to the school.

§22.1-4.3. Participation by and notification of noncustodial parent Unless a court order has been issued to the contrary, the noncustodial parent of a student enrolled in a public school or day care center (i) shall not be denied the opportunity to participate in any of the student’s school or day care activities in which such participation is supported or encouraged by the policies of the school or day care center solely on the basis of such noncustodial status and (ii) shall be included, upon the request of such noncustodial parent, as an emergency contact for the student’s school or day care activities. For the purposes of this section, “school or day care activities” shall include, but shall not be limited to, lunch breaks, special in-school programs, parent-teacher conferences and meetings, and extracurricular activities. It is the responsibility of the custodial parent to provide the court order to the school or day care center.

KP. Parent Involvement in Education The custodial parent has the responsibility to:

• Keep the school office informed as to the address of residence and how he or she may be contacted at all times.
• On the Norfolk Public schools’ registration form, list the current address and phone number of the noncustodial parent, unless such address is unknown and the parent signs a statement to that effect, or unless a court order restricts the educational and/or contact rights of the parent.
• Provide a copy of any legal document which restricts the educational or contact rights of the noncustodial parent.

The noncustodial parent has the responsibility to keep the school office apprised of changes in his or her current phone number and address. Further, the noncustodial parent may make timely requests to participate in parent teacher conferences.

RESIDENCY

For the purposes of enrollment, the local school division determines whether a student meets the residency requirements in accordance with 22.1-3 of the Code, which states that a person of school age shall be deemed to reside in a school division under the following circumstances:

• The student is living with a natural parent or a parent by legal adoption.
• The student has a parent in the military and is living with a noncustodial parent or other person standing in loco parentis, not solely for school purposes, pursuant to a Special Power of Attorney executed by the custodial parent.
• The student's parents are deceased, and the student is living in loco parentis with a person who resides in that locality. 
• The student is living in the locality, not solely for school purposes, as a emancipated minor.
• The student is experiencing homelessness as described in 22.1-3.
• The student is living with another person who resides in the school division, not solely for school purposes, and that individual: (a) is the court-appointed guardian, or has legal custody, of the person; or (b) is acting in loco the parentis pursuant to placement of the person for adoption by a person or entity authorized to do so under 63.2-1200 or (c) is an adult relative providing temporary kinship care a s defined in 63.2-100 when the student's parents are unable to care for him/her.