(. In addition, before accepting the child as a student, the district shall require the resident to file only one of the following: A sworn and notarized statement from the resident of the school district consistent with the requirements of 24 P.S. endstream endobj 194 0 obj <>stream . 2000d et seq. A child who is not in the physical custody of a parent or guardian, and who qualifies as an unaccompanied homeless youth under the McKinney Vento Act may enroll herself without the documents usually required for enrollment. May a school district inquire into the immigration status of a child? A school district or charter school may not, however, require a custody order or agreement as a condition of enrollment in any circumstances other than the two circumstances specified above. You will use Form 2, "Custodial Statement and Agreement: Third-Party Custody.". You will use Form 1, "Custodial Statement and Agreement: Divorce, Separation, or Abandonment.". The good news is that many states do not require a care giver (like a grandparent) to have legal custody of the child to enroll in the school in the area. You should not need to get a legal guardianship through a court to get the child enrolled as long as you meet the requirements listed above and have filled out the form. Espaol.pdf. Why Do Schools Have Residency Requirements? - PDF Brochure. If it is possible, make sure the Solo Mom is aware of the school-related issues and is kept informed of her childs progress. Regular meetings between counselors and guardians can provide a good overview of how a child is doing academically and/or socially. hbbd```b``V @$#X&`]`0LJH- 2CH2? The school entity or nonpublic school to which the student has transferred should request the record. If your co-parent has violated a court order, you should speak with the Friend of the Court and if they canont help you, you could file a motion seeking an order to show cause as to why your co-parent should not be held in contempt. Among the documents that a school district or charter school may request are: picture identification, health or physical examination records, academic records, attendance records, Individualized Education Program, and other special education records. Enrolling a Child in School When You are not the Child's Custodial Parent - ILS Topics Family Issues Child Custody Enrolling a Child in School When You are not the Child's Custodial Parent Incomplete request. *%pQ{9% q29ea#QJf!& "7r^fv>hA,Hw/Ct,iC4~MqU yMp. Attorneys that receive reviews from their peers, but not a sufficient number to establish a Martindale-Hubbell Peer Review Rating, will have those reviews display on our websites. Ask the clerk, judge, or a court employee to whom you might speak. Twins or higher order multiple siblings are to be enrolled in the same manner as all other students. First, anyone applying to act in this capacity must present a set of legal documents, which the public schools can provide. Frequently asked enrollment questions and answers. The other exception is when parents are separated or divorced and the parent is relying on a court order or custody agreement as the basis for enrolling the child. A youth may enroll himself if he is an emancipated minor, which includes a youth who is married or is living without the support of a parent or guardian. All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. endstream endobj 195 0 obj <>stream Whoever has primary legal custody can pick the school. There are a few ways the school can check for a fake address, or even one that the child doesnt actually live at. . Procedures for this will vary from state to state, and finding an advocate within the family court system is advisable. AV Preeminent: The highest peer rating standard. If the child is doing especially well, that, too, is worth noting. You may need a little patience and persistence, but it most certainly can be done. Provided that the required enrollment documentation described herein is provided, the school district or charter school must enroll non-resident children and permit them to attend school. A resident's receipt of payments, such as Supplemental Security Income (SSI), Transitional Assistance for Needy Families (TANF), pre-adoptive or adoptive support, maintenance on public or private health insurance, support from the military or military personnel or other payments for or on account of the child such as child support, shall not be deemed to be personal compensation or gain. A district may require that more than one form of residency confirmation be provided. Give the form to your school. A district may not require a physical or dental examination or a health or mental health history as a condition of enrollment. To ensure your child is enrolling in the appropriate grade, schools require you to provide a proof of age. the care of a minor child may enroll their grandchild, without court approval, in . School districts should be flexible in the documents required and should consider what information is reasonable in light of the familys situation. A complaint may be filed by mail, email or by phone with written follow up. This BEC provides guidance regarding public school enrollment procedures for resident and non-resident children. FI +=G>yKDSxSCr`"LR? These students should be enrolled without delay, in the district where they are presently residing, or continue their education in the district of prior attendance. No. Complete this form for a child/youth presenting himself/herself for enrollment while not in the physical custody of a parent or guardian. 13-1302, issued July 1, 2002). These contacts, whenever possible, will occur within five (5) school days of receipt of the complaint. Youth awaiting foster care placement include those who are placed in emergency, interim or respite foster care; kinship care; evaluation or diagnostic centers or placements for the sole purpose of evaluation. 1302(a)(1) which requires "appropriate legal documentation to show dependency or guardianship." The school district has no obligation to enroll a child until the parent, guardian or other person having control or charge of the student making the application has supplied proof of the childs age, residence, immunizations, the discipline statement, and completed the Home Language Survey as required by law. Children living with pre-adoptive parents who are receiving adoption assistance subsidies, pre-adoptive foster payments, or other payments such as SSI or TANF, are entitled to attend school in the school district in which the pre-adoptive parents reside. Homeless children and youth lack a fixed, regular, and adequate nighttime residence. The Client Review Rating score is determined through the aggregation of validated responses. These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice. Proof of residencyAcceptable documentation includes: a deed, a lease, current utility bill, current credit card bill, property tax bill, vehicle registration, drivers license, DOT identification card. A school district may not deny or delay a childs school enrollment based on the information contained in a disciplinary record or sworn statement. Please feel free to contact us with any comments or questions. Baptism of religious certificate. Factors a school should consider include: whether the incident causing the adjudication occurred at school or at a school-sponsored event, the child's behavior in placement, and the recommendations of teachers and other adults (such as juvenile probation officers) who have worked with the youth. Report Abuse PL Pamela R Lawson (Unclaimed Profile) Update Your Profile Answered on Sep 27th, 2012 at 11:13 AM A childs district of residence is that in which the parents or the guardian resides. Ask about class offerings. Martindale-Hubbell validates that a reviewer is a person with a valid email address. Last updated on September 13, 2017 PDF The district should be flexible and reasonable as to what is required. In the case of homeless students, traditional concepts of "residence" and "domicile" do not apply. 771 et seq. 22 Pa. Code 11.11. As much as you may love the neighborhood you live in, the schools in other areas may offer better educational options for your children. If the parent enrolling the child is relying on a court order or custody agreement as the basis for enrolling the child, then the school district or charter school may require that the parent provide a copy of the order or agreement. After receiving the complaint, a Department staff member will contact the school district and the involved parties, whenever possible within five days, to determine whether the child is entitled to enroll in the school district. Professional Standards and Practices Commission, the resident of the school district is supporting the child without compensation or gain; and, the child is living there for the entire year and not only the school term; and, that the resident will take responsibility for the childs schooling. The school will construct a panel of individuals they trust could be persons in the community or parents that have been involved in the school for a long time. If the parents have joint custody and time is evenly divided, the parents may choose which of the two school districts the child will enroll for the school year. Generally, children must have a legal guardian to enroll in school, so obtaining authority to do this is critical and can be done through family court. If an individual who is acting as guardian or temporary guardian encounters difficulties in school enrollment, this person can and should consider his or her allies. For a non-resident child living with a resident, one of the following must occur: 1) the resident must show that he or she has custody, or 2) the resident must be given the opportunity to file a sworn statement (and sometimes provide additional proof) of the following: This is based on Section 1302 of the School Code. Enrolling a child in school when you aren't the custodial parent. 11431 et seq. If you have a medical issue or concern, please consult with your doctor or medical practitioner. Educational agencies shall ensure that each child of a homeless individual and each homeless youth has equal access to the same free, appropriate public education, including a public preschool education, as provided to other children and youth. When Pennsylvania residents who are military personnel are deployed and their school age children are living with relatives or family friends in a school district for that period of time, the students are entitled to attend school in the school district in which they are residing. These administrators will assist you in helping the child in your care. However, if the facts about why the child is living in your household are in dispute, and it seems like the child is with you only to go to school in your school district, then the school may require you to establish custody. The best thing you can do, if you want to have your children going to a specific school, is to purchase a home in the district you want to be in. Is it sole legal custody, if it is school is you decision. A guidance counselor serves to be an efficient conduit of information between the guardian, the child, and the school faculty and administration. 13-1317.2(e.1)). Even if you get a legal guardianship, the school may not have to enroll the child if the only reason for the guardianship was for the student to attend school in your district. HtM0:^{[LCv+9@Ife@c'~kda R{fSl,F+J8YB*i:aN.2w:s)'UZp^IH%4 fBxw*,L6f3*,]X$,HTVw$,< y N(6M3K%*[D fLfV|I[-,L*[,`VR]2$ f[{x>iqFJfh@V\s -pLAQeKl{$W-X("UFejzP{h$dwgt;bPFaRR9,g8`+be!0Cv( You can use this form if: You also must have proof of your residence in the school district, a copy of the child's birth certificate, and the child's immunization records. No US federal vaccination laws exist, but all 50 states have laws requiring children attending public school to be vaccinated against diphtheria, tetanus, and pertussis (generally in a DTaP vaccine); polio (an IPV vaccine); measles and rubella (generally in an MMR vaccine); and varicella (chickenpox). Evidence that the child's parents are in the military and in active service outside this area. Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. Keep in mind that by signing the form, you are swearing everything you have said in the form is true. It is advisable that kids be challenged at their level with peers who are likely to support their efforts. (i) A homeless child, as defined in the McKinney-Vento Homeless Act 42 U.S.C. It is helpful to recognize that school administrators are eager to work with those who are working on behalf of children whose lives have been affected by the temporary absence of their Solo Mom (and, indeed, only parent). A child in foster care or a child who lives in a childrens institution or group home which is not located in the school district where the parent lives is considered a non-resident student as this term is used in the PA Public School Code. m-v She has the right to stay in the same school even if she now lives in another school district or attendance area and may enroll without the help of an adult. School districts may never ask the family for the childs or parents immigration documents (during enrollment or at any other time). Legal guardianship lets a caregiver make decisions and take actions regarding schooling without permanently removing custody from the child's parents.When grandparents or other relatives raise a child due to the parents' absence or inability to care for the child, they may encounter legal issues related . Make sure you know the rules of your area and the school district you want to enroll your child in before you commit a fraudulent act. Here are some exceptions: When a resident (who is not the childs parent) is trying to enroll a child and show that the resident is the legal guardian, the resident would provide information on custody. 13-1317.2(e.1)). Each district will have administrators whose job is to assist with enrollment. A childs right to be admitted to school may not be conditioned on the childs immigration status. Once the age requirement is established, districts cannot refuse admission to a child who meets the age requirement. If a student is re-enrolling in a district following a delinquency placement, may the school district place the child in an alternative education program for disruptive youth? Must a school district enroll a child within a certain time period? 1703. As a condition of enrollment, the school district may never ask the family for the child or parents immigration documents, social security card or number; records from a child welfare agency (other than to establish residency); or information relating to why a child is residing in the district or living with a particular person. No other information can be required, as a condition of enrollment, (other than the information in #3 below) before a resident child is enrolled in school. What are the enrollment requirements for a child who is living with a district resident when the childs parents do not live in the school district? Once the requested information is provided, the school district must enroll the child and permit him or her to begin to attend school without delay, but in no case more than five (5) days. . If you and your co-parent cannot reach agreement about changing your child's school, your options are either to leave your child in their current school, or to go to court to request a modification of custody or permission to change schools. You may not be able to enroll that child in your district. 13-1302. No, you cannot enroll children in school without custody. Pay the required filing fee: Pennsylvania courts' child custody filing fees vary and may run into hundreds of dollars. Address Confidentiality Program (ACP). 673. 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