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Form 20. Sole Legal Decision-Making Education Order

Arizona Revised Statutes AnnotatedRules of Family Law ProcedureEffective: January 1, 2024

Arizona Revised Statutes Annotated
Rules of Family Law Procedure (Refs & Annos)
Forms
Effective: January 1, 2024
17B A.R.S. Rules Fam.Law Proc., Form 20
Form 20. Sole Legal Decision-Making Education Order
In re the Matter of:
 
CASE NO. _______________
Petitioner/Parent A
v.
SOLE LEGAL DECISION-MAKING
 
EDUCATION ORDER
Respondent/Parent B
THE COURT FINDS AS FOLLOWS:
1. The parties have the following minor child(ren) (hereinafter “minor child(ren)”):
Name: _________________________ Born: __________
Name: _________________________ Born: __________
Name: _________________________ Born: __________
Name: _________________________ Born: __________
Name: _________________________ Born: __________
Name: _________________________ Born: __________
2. An Order regarding legal decision-making and/or parenting time was entered by this Court on __________ in the best interests of the minor child(ren).
3. It furthers the best interests of the minor child(ren) for this Court to enter the following school-specific order that reflects relevant provisions under the court-ordered parenting plan. This order serves to supplement, but not modify or replace, the provisions set forth in the court-ordered parenting plan. For the purpose of this order, the terms shall apply equally to schools, pre-schools, and institutional childcare providers.
4. It is a stated goal of the Court to eliminate or at least reduce the involvement of school officials and teachers in disputes between the parents, and the terms herein are designed to meet that objective.
Based thereon,
IT IS HEREBY ORDERED AS FOLLOWS:
1. Binding Upon Parties:
This order is binding upon the parents, who are responsible for complying with its terms and the terms in the parenting plan. It is not binding on a school but is provided as guidance for a school.
2. Delivery to School:
The parents are required to provide a copy of this order to the child(ren)'s school(s).
3. Legal Decision-Making:
As it relates to education and/or school issues for the minor child(ren), legal decision-making in the best interests of the minor child(ren), __________ has sole legal decision-making authority in the event of a dispute between the parents. Such sole authority is subject to the terms set forth herein.
4. Parenting Time and Child Pick-Up:
The Parenting Plan ordered by the court designates each parent's time with the child(ren). The parents are expected to abide by that schedule, unless otherwise agreed. That schedule is not binding on the school. Therefore, the school should not use the parenting schedule as a basis to deny either parent access to their child(ren) nor shall either parent instruct the school to limit contact, unless otherwise ordered.
Each parent may designate other individuals who are authorized to pick up the child(ren). In the event of a dispute between the parties as to any such individuals, the persons designated by either parent shall remain authorized to pick up the child(ren) until the parties reach an agreement or secure a court order to the contrary.
-or-
The following listed individuals are not permitted to pick-up the minor child(ren) from school without written consent of
Other:
5. Contact Information and Emergencies:
Each parent's home address, e-mail, cell phone and any other contact information shall be provided to the school and listed by the school as the contact information for the child(ren). Both parents shall be listed as the first two emergency contacts. Additional contacts may be listed but in the event of a dispute between the parties, the school shall list any person requested by either party until the parties reach an agreement or secure a court order to the contrary.
The school may contact either parent about the child(ren), and it may contact any of the listed individuals in an emergency if neither parent can be reached. In the event of an emergency, either parent may make decisions for a child(ren)'s immediate care.
-or-
Other:
6. Access to School Grounds:
Subject to the policies of the school, there are no restrictions on either parent's right to participate in any school activities or events at which parents are generally permitted to attend.
Both parents are entitled to equal access to school grounds, including, without limitation, attending a child's events or activities, volunteering in the classroom and/or school events, attending lunch, or volunteering in the classroom or for field trips in the same fashion as all other parents who have children enrolled at the school. Neither parent may limit the other parent's ability to enter school grounds or participate in school activities without a court order to the contrary.
-or-
The following listed individuals are not permitted on school grounds, to attend field trips, or to otherwise participate in in-person school activities to pick-up the minor children from school without written consent of
Other:
7. Extra-Curricular Activities.
It is anticipated that the child(ren) will participate in extra-curricular activities. If there is a disagreement between the parties, only __________ has the authority to sign any permission slip or authorization.
8. Access to School Records and Parent Portal:
Both parents are entitled to equal access to the child(ren)'s school records. Neither parent may restrict the other parent's access to information. Further, each parent shall be individually responsible for contacting the school and requesting to be included on any mailing or distribution list.
-or-
The following persons are not permitted access to the child(ren)'s school records and are NOT entitled to receive information from the school or be made part of any mailing or distribution list
Other:
Both parents are entitled to access the school's student information system or online parent portal(s) (e.g. ParentVUE, Google Classroom, Infinite Campus etc.). Unless the school allows each parent to have an individual login account, the parents shall create a joint login ID and password, which shall not be changed or modified without the consent of the other parent.
-or-
The following persons are not permitted access to the school's online parent portal(s)
Other:
9. Parent-Teacher Conferences:
Each parent has the right to confer with teachers and counselors concerning a child's education and other activities. For regularly-scheduled parent-teacher conferences (e.g. the conference days established on the school calendar), the parents may attend jointly. Any request for separate conferences shall be addressed in the sole discretion of the school and may or may not be accommodated. The school may, in its discretion, require the parents to attend separate conferences or require one or both of the parents to participate through a virtual platform if joint attendance is disruptive or not productive.
-or-
The following persons shall not confer with the teacher or school official and is not authorized to attend any parent-teacher conferences, whether individually or jointly with the other group: ____________
10. Curriculum and Instruction Disputes:
In the event there is a disagreement between the parties as to the child(ren)'s involvement in any specific curricular activities, the subject matter being taught by the school (including books associated with the school curriculum), or the method of instruction, __________ shall have decision-making authority.
11. Special Services:
If the child(ren) is eligible for or being considered for a 504 Plan, an Individualized Education Program (IEP), an Individualized Service Plan (ISP), or other special services, both parents are entitled to attend all meeting with school officials in which parents are permitted to attend and are authorized to have access to all records and testing results. If one parent receives notice of a meeting, that parent shall provide that same notice via e-mail or text to the other parent within 24 hours of receipt of the meeting notice.
Whether initiated by the school or either parent, absent any decision-making authority assigned to one parent, an evaluation as to the child(ren)'s eligibility for special services shall proceed so long as at least one parent consents. Upon completion of any evaluations or assessments and a Multi-Disciplinary Evaluation Team (MET) determination of eligibility, the parents, along with the school officials, shall confer regarding consent for the initial provision of special education and related special services. If there is no agreement between the parties, and absent any decision-making authority assigned to one parent, the issue shall be decided in accordance with the legal decision-making orders of the court.
12. School Selection:
Agreements between the parties as to school selection are not binding on the school or school district. Enrollment of a child in a particular school is subject to the school's policies or rules, space availability, enrollment restrictions set by the school or school district or its authorizer (if a charter school), and state law. In the event an issue arises regarding a change in schools for the child(ren), __________ shall have authority to decide the school choice. Parents shall not enroll their child(ren) in two different schools as presumptive full-time students, with each parent taking the children) to a different school during that parent's parenting time.
13. Future Litigation:
In the event of any future modification or enforcement proceeding regarding parenting-related issues, involvement of the child(ren)'s school and its officials should be kept to a minimum. The parties shall put forth best efforts to agree upon the admission of school records or communications without the need for foundational testimony or shall agree upon the submission of an affidavit from the custodian of records to authenticate the records in lieu of testimony, whenever possible.
If a teacher or school official is required for substantive testimony, the scheduling of such testimony shall, when possible, be set at a time that is least disruptive to the school, its other students, and its operations. Such witnesses may be taken out of order to accommodate this goal. Further, assuming the court can accommodate virtual appearances by the teacher or school official, it shall be assumed that the witness shall be permitted to appear through a remote or virtual platform in lieu of a personal appearance. If either party believes that a personal appearance for testimony is required, that party shall seek leave of the court as much in advance of the scheduled proceeding as is possible for requiring a personal appearance.
14. Additional Orders:
Signed this __________ day of __________ 20___
By:
By:
 
 
Judicial Officer
Superior Court of
ORIGINAL of the foregoing e-filed
this ____ day of _______, 20___ with:
Clerk of Court
COPY of the foregoing e-mailed/mailed
this ____ day of _______, 20___ to:

Credits

Added on an emergency basis Aug. 24, 2023, effective Jan. 1, 2024.
17B A. R. S. Rules Fam. Law Proc., Form 20, AZ ST RFLP Form 20
State Court Rules are current with amendments received through April 15, 2024. The Code of Judicial Administration is current with amendments received through April 15, 2024.
End of Document