These students should be enrolled using the Section 1302 statement/affidavit process, except that the resident is to be presumed to be supporting the child without personal compensation or gain (gratis). The Pennsylvania Department of Education (PDE) revised its Student Enrollment policy and procedure in accordance with recent changes in federal and state law. The local school board has the right and responsibility to establish the age at which a child can begin the kindergarten program. The purpose of the hearing is to determine whether the student currently is fit to return to the regular classroom or meets the definition of a disruptive student. All 50 states allow medical exemptions, 44 . 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. 13-1327, 13-1330, 13-1372, 15-1511 and 26-2603-B). The purpose of the hearing is to determine whether the student is currently fit to return to the regular classroom, or meets the definition of a disruptive student. When necessary, local school officials should consult with their county children and youth agencies to determine if a child meets the definition of "awaiting foster care placement", including, on a case-by-case basis, whether a child who does not clearly fall into one of these categories is nevertheless a child "awaiting foster care placement.". If you can prove to the school that the child has been living with you, that you have been providing for the child's needs, and that you do not have the child in your household simply to allow the child to attend school in your district, the school should not require legal proof of custody. To authorize the enrollment and school-related medical care of a minor, complete all items and sign the form. 22 Pa. Code, Chapter 11. Date of Issue: July, 1, 2022 (revised formerly BEC 24 P.S. Zw>Hq1d What kind of proof of age, residency and immunization status may a family be asked to provide? 20 U.S.C. Evidence that the child's parents are incarcerated and unable to care for the child. When a child is living with a district resident, who is supporting the child without personal compensation, (gratis) the child may attend the public schools of that resident's school district, provided that resident makes application and supplies the required enrollment information noted in the section entitled Required Enrollment Documentation. Included within the definition of homeless children and youth are those who are "awaiting foster care placement" and "unaccompanied homeless youth.". (e)Home language survey. There are many documents that can be used to show your child's age, including: Passport. 104.36 KB. No part of the information on this site may be reproduced forprofit or sold for profit. In some cases, the school will require the care giver to provide legal documentation that they are the guardian or they have legal custody of the child in order for them to enroll in the school. . Wayne Highlands School v. Department of Education, 488 A.2d 1172 (Pa. Cmwlth. 11431 et seq. 0 In general, a child typically cannot miss more than one month of schooling simply because their parent or guardian failed to enroll them in a timely manner. See the paragraph on Homeless Students for guidance in that situation. 131305(a), which provides that a nonresident child in paid foster care is "entitled to all free school privileges accorded to resident children of the district. You may not be able to enroll that child in your district. 1985). 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. What can a school district ask the person enrolling a child to prove in order to enroll a resident student? Past education record. The form gives the school a responsible party (you) to contact with any questions about the child, or to send information home about the child. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards. You need to see an attorney with the latest order. 7348 (November 26, 2022). 13-1371 et seq. Enrolling a child in school when you aren't the custodial parent. 11431 et seq. However, if the child is living with someone else in a different school district, the child may be able to attend school in that district. The school district must provide translation and interpretation services to the extent needed to help the family understand the enrollment process and enroll the student in school promptly. School districts and charter schools were requested to publish enrollment policies and procedures which conform to the new BEC on their websites. May a child who is placed in the foster care system remain in the same school or school district even if her foster parent placement changes and she moves to a new school attendance area or new school district? Her work has appeared in the New York Times and on National Public Radio. Depending on where you live, you can reach out to a local government office or an office of family services, such as this one for Dutchess County in New York. No statutes or acts will be found at this website. Indiana Legal Services uses the law to fight poverty, empower clients, and improve access to justice. 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. The natural parent(s) or former guardian(s) of the student may not be required to provide information. Such face-to-face meetings may have lasting benefit, as they allow school faculty and administrators to know the individual circumstances of a child. 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. The information provided on this site is not legal The school district may ask for other information for administrative purposes or to assist with the education of the child, but the school district cannot delay or deny the students enrollment until that information is provided. Power of attorney signed by a parent of the child, giving you authority to care for and get services for the child. Education for Homeless Youth for more details. A child who is in foster care or who is living in a childrens institution, like a halfway house or a group home, is entitled to enroll in the school district. Each district will have administrators whose job is to assist with enrollment. It is advisable that kids be challenged at their level with peers who are likely to support their efforts. Please enable scripts and reload this page. To authorize the enrollment in school of a minor, complete items 1 through 4 and sign the form. Can a non custodial parent enroll a child in school without the permission of the custodial parent? For both enrollment and also for residency determinations, a school district or charter school may not request or require any of the following: a social security number; the reason for a child's placement if not living with natural parents; a child's or parent's visa; agency records; or, except in the limited circumstances described in the next section, a court order or records relating to a dependency proceeding. endstream endobj 194 0 obj <>stream Enrollment cannot be delayed for any other reason, including a failure to provide prior school records or special education documents, or a schools difficulty in determining a childs placement. 13-1371 et seq. Can I enroll the child in the school district where I live? authority to enroll a child in school. The school district will have five (5) school days to respond to the request. FI +=G>yKDSxSCr`"LR? Include the Solo Mom in the loop. Usually, a child should attend school in the district where the child's custodial parent lives. The Federal Adoption Assistance Program, among other things, provides for adoption assistance payments to encourage the placement of certain hard-to-place children with adoptive parents, 42 U.S.C. If you have issues with questions such as can a non-custodial parent enroll a child in school, we at the Law Offices of Albert Goodwin are here for you. . If there is a court order governing time with each parent and the other parent is violating that order, you can have the court find him in contempt. Enrollment of these students follows the same requirements as resident students of the school district. 13-1317.2(e.1)). The Client Review Rating score is determined through the aggregation of validated responses. and the Equal Education Opportunity Act, 20 U.S.C. What are the different Martindale-Hubbell Peer Review Ratings?*. Determining the residence of a child for purposes of school enrollment There may be an administrative rationale for requesting other documents. The school district may recommend classroom placement to the parents and provide professional education advice to the parents to assist them in making the best decisions for their children's education. The law affords the parents the opportunity to appeal that denial. This form should be enough to get your children enrolled in school in your district. More Are there any documents a school district may never require as a condition of enrollment? If it is not, contact the Indiana Department of Education at (317) 232-6676, or your local Indiana Legal Services office to get the form. For those lucky few who live in Texas, they have grandparent special circumstances where you can enroll your child in the school district of their grandparents when they provide significant care of the child. These laws allow for caregivers without legal custody to enroll the children in their care in the local school, tuition free. Students who turn 21 during the school term are entitled to finish that school term. 13-1306 Nonresident Students in Institutions. 13-1304-A). Medical records from doctors or hospitals, showing that you are the person responsible for paying the bills of the child. Code 25.001(j). The basic requirements of proof of age, immunization, residence, discipline statement and the Home Language Survey apply. May a school district inquire into the immigration status of a child? provide it will not bar the child from enrolling in or attending school, and (2) explain for what purpose the number will be used. 13-1302 and reflects current requirements of the Pennsylvania Public School Code and During the time a child is of school age, the child or student is entitled to attend the public schools of the resident school district or a charter school, or to attend other school districts as an eligible nonresident. 22 Pa. Code 11.11. Some states have introduced laws that basically state a childs residency follows them, and not their parents. You may be trying to access this site from a secured browser on the server. 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. Must a school district enroll a child within a certain time period? Must a school district provide extra help when the person enrolling the child has limited English skills? *%pQ{9% q29ea#QJf!& "7r^fv>hA,Hw/Ct,iC4~MqU yMp. 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. changes effective through 52 Pa.B. When the parents reside in different school districts due to separation, divorce or other reason, the child may attend school in the district of residence of the parent with whom the child lives for a majority of the time, unless a court order or court approved custody agreement specifies otherwise. I am not the parent of a child who is living with me. of Transportation identification card. These documents can be completed in various waysoften through the office of the school districts superintendent. You should review the court order about custody with an experienced family law attorney to be clear on your rights and remedies. Asking for help in this regard is likely to yield benefit, especially if one is able to go in person to an office and schedule a meeting. Espaol.pdf. 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. 20-2-690.1. The following documents will be needed to meet cyber school eligibility requirements. If a child should be in an honors class, make sure that he or she is. School districts may never ask the family for the childs or parents immigration documents (during enrollment or at any other time). Why Do Schools Have Residency Requirements? Make sure you have filled out the form properly and given it to the school. hbbd```b``V @$#X&`]`0LJH- 2CH2? If it is not, contact the Indiana Department of Education at (317) 232-6676, or your local Indiana Legal Services office to get the form. If the school district refuses to enroll the student or does not respond, the matter will be forwarded to the Department's Office of Chief Counsel (OCC). Unaccompanied homeless youth includes any child who is "not in the physical custody of a parent or guardian." To ensure your child is enrolling in the appropriate grade, schools require you to provide a proof of age. Pennsylvania Department of Education When parents reside in different school districts due to separation, divorce, or other reason, the child may attend school in the district of the parent with whom the child lives for a majority of the time, unless a court order or court-approved custody agreement specifies otherwise. Here are some final considerations to keep in mind: Communicate. In the event that a Solo Mom is temporarily unable to care for her child because of circumstances beyond her control (incapacitation resulting from illness, incarceration, involvement in deportation proceedings, etc. No, you cannot enroll children in school without custody. These Q&As provide basic answers to frequently asked questions in simple terms and are not intended to replace the Student Enrollment BEC or create any additional requirements. If you do not have a custody order, you can still enroll the child using the 1302 Form and the child has the same legal right to attend school. Martindale-Hubbell Client Review Ratings display reviews submitted by individuals who have either hired or consulted the lawyers or law firms. People who submit reviews are either individuals who consulted with the lawyer/law firm or who hired the lawyer/law firm and want to share their experience of that lawyer or law firm with other potential clients. 11431 et seq. However, if a student is currently expelled for a weapons offense, the school district can provide the student with alternative education services during the period of expulsion (24 P.S. When in doubt as to the law or regulation, please consult the BEC, Chapter 11 Student Attendance Regulation and the PA Public School Code. Pay the required filing fee: Pennsylvania courts' child custody filing fees vary and may run into hundreds of dollars. A resident student is a student who lives with his or her parent(s) in the school district. Entitlement of resident children to attend public schools. You can call us at 718-509-9774 or send us an email at [email protected]. The Pennsylvania Code website reflects the Pennsylvania Code HtSMs0WQF S;=AVcKTC+Sld} a+y+@'e[9mke1mKXe^;YL?Zm q63Ay )i PJ=Q5Xsc4Zc6A_l0J.~*$nA}Z*.f?RqlyKvF These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice. If you file for custody, the school may be willing to enroll them provided you receive custody soon. See BEC 24 P.S. . Look for commonalitiesthere are similar government liaison offices (such as social services) in every state. By law don't I have to legal right to remove my hold from the school since I am the custodial parent. My child has not been return to me for the start of school and he is refusing to return him. If you do not have one of the documents, please contact the enrollment team at CCA by calling 844-590-2864 or email [email protected] to discuss your options. 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