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. 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. Courts tend to look at a sudden change children's school as a bad thing and will do what they can to avoid it. (1) A school age child is entitled to attend the public schools of the child's district of residence. Martindale-Hubbell Peer Review Ratings are the gold standard in attorney ratings, and have been for more than a century. 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. School records from the student's former school will be forwarded through the ACP. She is a contributing blogger to the Huffington Post, Psychology Today, and BabyCenter. So if you register your child with an address that you dont actually live at, you are running a big risk of being found out unless you know for sure the school your child is going to does not do any verification, or you have special circumstances. In order for the child to be registered in the school within their grandparents district, it will still need to be reviewed by the school board. If you use the address of the grandparents when enrolling in school, you run a big risk of the school board finding out. These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice. Ask the clerk, judge, or a court employee to whom you might speak. 05-503 Admission to Kindergarten and Beginners. 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. o A school district may not prevent a child, including an unaccompanied child, from enrolling in or attending school if the adult enrolling the child chooses not to provide the child's social security number. What happens when a dispute arises regarding the enrollment of a student? Include the Solo Mom in the loop. As an Amazon Associate I earn from qualifying purchases. School districts and charter schools receiving requests for educational records from another school district or charter school shall forward the records within 10 business days of receipt of the request. Unaccompanied homeless youth may enroll without documents and without the help of an adult. Date of Issue: July, 1, 2022 (revised formerly BEC 24 P.S. The Martindale-Hubbell Peer Review Ratings process is the gold standard due to its objectivity and comprehensiveness. The answer to this is still a bit unclear, and it may change from district to district. |th^x86 NWP~Uf EHC v}(M*Dw?HbwKo,n (i) A homeless child, as defined in the McKinney-Vento Homeless Act 42 U.S.C. The school will have the right to ask you questions to make sure you meet the conditions set out in the form. See the McKinney-Vento Act, 42 U.S.C. H|T0G?B@BCqVkBU,Y +(K8XVT Do I need this? What if a child is living with me only so he can go to school in my district? There are a few ways the school can check for a fake address, or even one that the child doesnt actually live at. . 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. These registration forms for student enrollment may include the following: name, address, telephone number, name of parent(s) or guardian(s) or resident adult(s) with whom the student is living, emergency contact information, former school information, and other locally required information. These extended groups may include parents, ex-in-laws, friends, etc. *%pQ{9% q29ea#QJf!& "7r^fv>hA,Hw/Ct,iC4~MqU yMp. 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. (. Youve stepped in to help; now cut through the red tape. If there is no court order, or if the court order doesn't say which parent decides what the child goes to school you need to get a judge to make the decision about who decides. If your child has special education needs or a school has a really specialized program then you may be able to apply for special consideration. Lawyers from our extensive network are ready to answer your question. Joint legal is another issue. The answer to your question should in the court ordered parenting plan that says what each parent's authority and responsibilities are. 13-1304-A). You will need to pay tuition for that child to attend in your district. The Pennsylvania Department of Education (PDE) revised its Student Enrollment policy and procedure in accordance with recent changes in federal and state law. Mandatory policies. m-v You need to see an attorney with the latest order. Proof of Child's Age. Does the School Actually Check the Address of the Students? 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. 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. Consult with an attorney in your area. 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. What are the different Martindale-Hubbell Peer Review Ratings?*. 11.11. The form should be available at the school office. y_8 lSQ&_yS+lo6ZTIb1:ze% =;#^Gy,>ig j1AB %;n4 M=)!`Vh")e[# Here are some final considerations to keep in mind: Communicate. listings on the site are paid attorney advertisements. endstream endobj 195 0 obj <>stream Officials at the school will typically investigate any families who change their address within one year of enrolling in the school, and try to find out if their initial address was fake. One of these steps is whats known as educational consent laws. 13-1371 et seq. Distinguished: An excellent rating for a lawyer with some experience. I am not the parent of a child who is living with me. 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. The law treats a child's remarks carefully . 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.". %PDF-1.6 % Yes. 20-2-690.1. Give the form to your school. 104.73 KB. 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. The following Questions and Answers are provided to assist parents, school districts and charter schools in the student enrollment process. You may need to dot your is and cross your ts. 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 government has taken some steps to help care givers who are raising children without a legal agreement or custody arrangement in place. 13-1302. BEC 24 P.S. If your children are not quite school age you have some time to consider your options, and you dont have to decide right away. By law don't I have to legal right to remove my hold from the school since I am the custodial parent. Espaol.pdf. 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. If the parents have joint custody and the child's time is evenly divided between the parents, the parents may choose which of the two school districts the child will attend for the school year. RA-PDE-SchoolService@pa.gov. There is a form called "Custodial Statement and Agreement: Third-Party Custody." 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. 67342 U.S.C. There are many documents that can be used to show your child's age, including: Passport. Every child of school age who is a resident of a Pennsylvania school district is entitled to a public school education. Why Do Schools Have Residency Requirements? School districts are encouraged to develop policies or agreements to enable a student who is in foster care to remain in the educational program in the same school or school district even if that child moves to another school district or to another attendance area within the same district. 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? This tells your school district of residence that you have officially . The form should be available at the school office. The school can rely on this individual to enroll and make decisions for the child in the absence of a parent or guardian. 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. Entitlement of resident children to attend public schools. The requirement of subsection (b) applies equally to nonresident children who are children living in facilities or institutions as defined in 11.18 (relating to nonresident child living in facilities or institutions), or foster homes, or with a district resident who is supporting the child without personal compensation as defined in 11.19 (relating to nonresident child living with a district resident), provided that the person making the application has supplied the documentation required by law. 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. 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 BEC provides guidance regarding public school enrollment procedures for resident and non-resident children. Generally, the children should attend school in the district where the custodial parent resides. If possible, the child's parent should also sign the form. Are there different enrollment rules for students in foster care or a child living in a residential setting located in the school district? 13-1317.2(e.1) 24 P.S. HtSMs0WQF S;=AVcKTC+Sld} a+y+@'e[9mke1mKXe^;YL?Zm q63Ay )i PJ=Q5Xsc4Zc6A_l0J.~*$nA}Z*.f?RqlyKvF To enroll a student, the school district must request proof of the childs age; proof that the child is immunized; and proof that the child is a resident. and the BEC 42 U.S.C. 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. A parent or guardian of twins or higher order multiples who attend the same grade level at the same school may request that the children be placed in the same classroom or separate classrooms. 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. When the parents reside in different . The catch to this law is that the caregiver has to sign an affidavit under a penalty of perjury that they are the primary caregiver of the child and that the child lives with them the majority of the time. (c)Nonresident children. Prior to enrollment, the person enrolling the child must provide a sworn statement about serious discipline problems at prior schools. 104.36 KB. 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. No statutes or acts will be found at this website. 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. The Home Language Survey is a brief and important survey required by law. A school district is not required to place twins or higher order multiples in separate classrooms if the request would require the school district to add an additional class to the grade level of the siblings. The gold standard due to its objectivity and comprehensiveness I have to legal right to remove hold... 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