What can a school district ask the person enrolling a child to prove in order to enroll a resident student? Complete this form for a child/youth presenting himself/herself for enrollment while not in the physical custody of a parent or guardian. These laws allow for caregivers without legal custody to enroll the children in their care in the local school, tuition free. Tara Shafer is the cofounder of Reconceiving Loss, an online resource center for families coping with pregnancy and infant loss. If the school board finds out that you lied about the address your children live at, they could be expelled from the school and you could be given a very large fine for doing this. I am not the parent of a child who is living with me. 104.36 KB. 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). You may be trying to access this site from a secured browser on the server. This is their legal address and school districts shall not require additional information about their residence. The school district may, pursuant to the attached guidelines (see Attachment C (PDF)), require other information to be submitted by the resident to substantiate the sworn statement. Like any other student being transferred to an alternative school, students returning from delinquency placement are entitled to an informal hearing prior to being placed in an alternative education program. If you are the sole legal custodian, then only you can enroll your child in school. Homeless youth are entitled to immediate enrollments and their families are not required to prove residency regarding school enrollment. A prior school district or physician can confirm by telephone that the child is immunized with records to follow. May a youth ever enroll himself in school? You may need to dot your is and cross your ts. Solo Moms rely on trusted support systems in many ways. endstream endobj startxref Are there any documents a school district may never require as a condition of enrollment? Whether to use such a form is within the discretion of each school district or charter school but failure to complete the form cannot be made a condition of the student's enrollment. I filled out the form and gave it to the school, but they still won't let me enroll him in school. A family may file a complaint with the Pennsylvania Department of Educations School Services Office. A childs district of residence is that in which the parents or the guardian resides. See the paragraph on Homeless Students for guidance in that situation. 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. One can receive temporary guardianship that fully preserves the right of the Solo Mom to return when her circumstances have been resolvedonce more working through the family court system to have her guardianship restored. 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. No statutes or acts will be found at this website. Should Grandparents Discipline Grandchildren? (a) Entitlement . Some families may enroll a student using an ACP card which lists a post office box as their address. 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. This includes youth who have run away from home, been thrown out of their home, been abandoned or separated from their parents or guardians for any other reason. Make sure you have filled out the form properly and given it to the school. @N6t5!e+z D]$f|N%c5j-s If you decide, in a couple years, that you want to move or buy a new house then they may be able to transfer and you can get them into the school you want. Falling within this definition are students who have run away from home, been thrown out of their home, or been abandoned or separated from their parents or guardians. All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. Medical records from doctors or hospitals, showing that you are the person responsible for paying the bills of the child. In a sense, enrolling the student is only half the equation. Parent Registration StatementA sworn statement (See Attachment A (PDF)) attesting to whether the student has been or is suspended or expelled for offenses involving drugs, alcohol, weapons, infliction of injury or violence on school property must be provided for a student to be admitted to any school entity (24 P.S. However, if the child is living with you ONLY so the child can go to school in your district, you will not be able to enroll the child in your district for free. What are the enrollment requirements for a child who is living with a district resident when the childs parents do not live in the school district? The other exception is when parents are separated or divorced and the parent is relying on a court order or custody agreement as the basis for enrolling the child. The bad news is that those same school districts may also require the child to be in the school district for a legitimate purpose. The answer to this is still a bit unclear, and it may change from district to district. Your apartment lease, showing the child as a member of your household. Children in foster care should remain enrolled in the school of origin unless there is a determination that it is not in the child's best interest to attend the school of origin. hbbd```b``V @$#X&`]`0LJH- 2CH2? You will need to pay tuition for that child to attend in your district. "Mdv x>c&YWE>jh. Here are some final considerations to keep in mind: Communicate. The school will create a template or process for other students and parents to reveal families they believe may be lying about their address. If you have a custody order, the school district must admit the child to school. Size. If it is possible, make sure the Solo Mom is aware of the school-related issues and is kept informed of her childs progress. If your children are not quite school age you have some time to consider your options, and you dont have to decide right away. Download our ESME app for a smoother experience. Are there any other enrollment requirements for a resident student? The Home Language Survey is a brief and important survey required by law. Regarding education, we're to discuss education. If possible, the child's parent should also sign the form. ,zu`KWpR'&1)5f"pz?6. 7348 (November 26, 2022). 13-1304-A 62 P.S. 771 et seq. A residents 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 payments for or on account of the child such as child support is not considered to be personal compensation or gain. What kind of proof of age, residency and immunization status may a family be asked to provide? 13-1302(a)(2) 24 P.S. The law affords the parents the opportunity to appeal that denial. Enrolling a child in school when you aren't the custodial parent. Children and families with limited English proficiency must be provided translation and interpretation services to the extent needed to help the family understand the enrollment process and enroll the student in school promptly per the Civil Rights Act of 1964, Title VI, 42 U.S.C. By the end of high school, the average GPA of adolescents with ADHD was three . 673. In order to make sure your children do not have an expulsion on their record, it may be safest to register them in the school district that you live in right now. *%pQ{9% q29ea#QJf!& "7r^fv>hA,Hw/Ct,iC4~MqU yMp. You can call us at 718-509-9774 or send us an email at attorneyalbertgoodwin@gmail.com. My ex-wife has legal custody of our children, but they are living with me and I want to enroll them in school in my district. However, if the child's parent cannot or will not sign, you should turn in the form without the parent's signature. Are there other circumstances when a student may enroll herself in school? It is not improper for a parent to register a child for school to preserve the spot, prior to obtaining the consent of the other parent or seeking court permission. This panel will go through about 10% of applications to try and identify anyone who has given a false address. An emancipated minor is a student under the age of 21 who has established a domicile apart from the continued control and support of parents or guardians or who is living with a spouse. m-v We are a not-for-profit corporation, and your donations are tax deductible to the extent allowable by law. You can call us at 718-509-9774 or send us an email at attorneyalbertgoodwin@gmail.com. Ensure access to education for all eligible children (including those 0-5 and 18-21); Maintain updated school records in a family/child's case record; Address concerns related to truancy and habitual truancy; Assess educational strengths and needs; Arrange and/or advocate for services to address educational needs such as tutoring, special . @d^dU?of`e``!@ NT There are a few ways the school can check for a fake address, or even one that the child doesnt actually live at. Address Confidentiality Program (ACP). Where do I get this Third-Party Custody form? Whenever a pupil transfers to another Pennsylvania school entity or nonpublic school, a certified copy of the student's disciplinary record shall be transmitted to the school entity or nonpublic school to which the pupil has transferred. 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. If there are questions about the family's eligibility for enrollment, contact the ACP at 1-800-563-6399. Review the ACP Flyer (PDF) and reach out to Office of Victim Advocate at 800-563-6399 or email ra-avainfo@pa.gov. The government does its best to ensure that those children who need specialized education, which is not available in every school district, are able to access it without forcing parents to move. Charter Enrollment Form. The school district may not require these children to meet additional or different enrollment standards. It replaces the following BECs: Enrollment of Students, 24 P.S. If you use a 1302 Form, the school cannot require you to show that you have a custody order. 13-1301 and BEC 24 P.S. 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). Report Abuse PL Pamela R Lawson (Unclaimed Profile) Update Your Profile Answered on Sep 27th, 2012 at 11:13 AM 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. (d)Immigration status. School districts should be flexible in the documents required and should consider what information is reasonable in light of the familys situation. Evidence that will be helpful to show the child has been living with you and cared by you can include the following: My nephew is staying with me because his parents can't take care of him. y_8 lSQ&_yS+lo6ZTIb1:ze% =;#^Gy,>ig j1AB %;n4 M=)!`Vh")e[# If you want your child to attend the school in their grandparents district there are a few ways you can do this, without having to sell your own house and move into another area. A child's right to be admitted to school may not be conditioned on the child's immigration status. The unaccompanied homeless youth has the right to enroll in a school or school district immediately even if she does not have the documents typically required for enrollment. This can be tricky. Children who are awaiting foster care placement are considered homeless students. 13-1302; to nonresident students living in a facility or institution; and to nonresident students living in a foster home. The former school district or charter school, if within this Commonwealth, is required to respond by forwarding the records within 10 business days of the date upon which a student's records are requested by another Commonwealth school district or charter school. I have physical custody except during Father's parenting time; Thursday to Sunday. . The Pennsylvania Department of Education (PDE) revised its Student Enrollment policy and procedure in accordance with recent changes in federal and state law. Early intervention for emergent issues is always a better alternative to waiting for resolution, especially in cases in which a child is coping with stress associated with the absence of his or her Solo Mom/only parent. 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. No, you cannot enroll children in school without custody. Often, primary custody will be awarded to the parent who remains in the school district. A child should be permitted to attend school on the next school day after the day on which the child is presented for enrollment, and in all cases within five (5) business days of the school district's receipt of the required documentation (22 Pa. Code 11.11(b)). (1)A school age child is entitled to attend the public schools of the childs district of residence. 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. All parents want the very best educational opportunities for their children, but in some cases they just cant live in the right neighborhood or maybe afford a house in the district of the school they want their child to attend. - PDF Brochure. School districts in Texas have a very unique law in place that states if the grandparents provide a substantial amount of before and after school care for the child then the child can enroll in the school in their district. 11431 et seq. Lawyers from our extensive network are ready to answer your question. To authorize the enrollment in school of a minor, complete items 1 through 4 and sign the form. We provide general wellness related information. 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. The following documents will be needed to meet cyber school eligibility requirements. 13-1302. provide it will not bar the child from enrolling in or attending school, and (2) explain for what purpose the number will be used. A school district may request verification that the child is residing with a foster parent or is in a pre-adoptive or adoptive home in the form of a letter from the appropriate agency, but the district cannot require a court order or agency records. (2)Transportation for students must be provided consistent with the policy of the school district that the students are attending. The government has taken some steps to help care givers who are raising children without a legal agreement or custody arrangement in place. As stated below, a school district may also require a resident to provide a custody or dependency order when the resident is seeking to enroll the child under 24 P.S. While these requirements do prevent parents and families from abusing the education system, and sending all kids to one school, it can also discriminate against certain family set ups and care givers. Upon enrollment, the school district or charter school is to contact the student's former school for a copy of the student's education records. Included within the definition of homeless children and youth are those who are "awaiting foster care placement" and "unaccompanied homeless youth.". Under this provision, a child can attend a school in the district that the child is a resident of. You may not be able to enroll that child in your district. 5798. Details for individual reviews received before 2009 are not displayed. 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. 228 0 obj <>stream Please enable scripts and reload this page. Depending on the state, open enrollment policies are mandatory, voluntary or both. These documents can be completed in various waysoften through the office of the school districts superintendent. 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. The content of the responses is entirely from reviewers. After receipt of a complaint, a Department representative will contact the school district, family or other involved parties to determine the facts, whether the child is entitled to enrollment in the district and to try to resolve the problem. If you are the custodial parent (no shared parenting), and the father has held the child over his time, he can be charged with interference with custody. In some cases, the grandparents may also provide a lot of before and after school care so having a school close to them can make drop off and pick up easier. Some states have introduced laws that basically state a childs residency follows them, and not their parents. Failure to receive the student's discipline record cannot be used to deny or delay the student's enrollment or school attendance. If a noncustodial individual (e.g., a grandparent) is not considered the legal guardianeven though that person is likely to be providing care for an uncertain and extended duration of timethere are very specific legal steps that must be taken in order to register and enroll a child in school. In some states, using a false address is a crime and you can be fined for knowingly giving the wrong address when registering your child for school. When necessary, local school officials should consult with their county children and youth services agencies to determine if a child meets the definition of awaiting foster care placement. Notwithstanding receipt of any of the above payments, children living in pre-adoptive situations are considered residents of the school district in which their pre-adoptive parents reside under 24 P.S. 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 need to completely fill out the form, and sign the form. These public school enrollment procedures, consistent with law, exist to ensure that public schools promptly enroll students who are residents or who are eligible non-residents. Pay the required filing fee: Pennsylvania courts' child custody filing fees vary and may run into hundreds of dollars. Every state, and even every school district, will have their own residency requirements as to who can attend the school if they dont live in the area. This section cited in 22 Pa. Code 11.18 (relating to nonresident children living in facilities or institutions); and 22 Pa. Code 11.19 (relating to nonresident child living with a district resident). The Pennsylvania Department of Human Services has laid out guidelines for families interested in joining learning support pods, and you can get more info on finding school-age childcare or establishing a learning pod in your state. 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. The OCC and the Deputy Secretary for Elementary/Secondary Education will determine if the school district's response is valid to deny enrollment. 104.73 KB. 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. What if a child is living with me only so he can go to school in my district? 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. Some schools have a limited number of spots for tuition students. Does the School Actually Check the Address of the Students? 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. 13-1327, 13-1330, 13-1372, 15-1511 and 26-2603-B). They demonstrate that he or she is acting as the legal guardian. endstream endobj 196 0 obj <>stream A complaint may be filed by mail, email or by phone with written follow up. Youve stepped in to help; now cut through the red tape. Children who are homeless have the right to immediately enroll in a new school without providing enrollment documents. 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