JV-535 Findings and Orders Limiting Right to Make ... - OCDE 2025

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Legal custody is the right to make decisions for the child and includes educational rights and decisions such as special education, grade change appeals, and authorizing access to pupil records.
FERPA gives parents/guardians certain rights regarding their child(ren)s education records. These rights transfer to the student when he or she reaches the age of eighteen or attends a school beyond the high school level. Students to whom the rights have transferred are considered eligible students.
Your Child has the Right to a Free Public Education. All children have a right to equal access to free public education, regardless of their or their parents/guardians immigration status.
An educational rights holder is the adult identified or appointed by the court to make educational or developmental-services decisions for a child or youth who has a case in the juvenile court. It can be a parent, guardian, or Indian custodian of the child or youth.
Order Designating Educational Rights Holder (JV-535) States the courts decision (order) about who can make educational or developmental-services decisions for a child, youth, or nonminor dependent.

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As of 2021, the U.S. Constitution and its amendments do not specifically mention education, which is why (per the Tenth Amendment) the states are in charge of providing and regulating schooling. A federal right to education could be added to the Constitution via ratifying a new amendment.

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