Action Center    Education Access

Action
Learn whether your state has an educational consent law by visiting the Grandfamilies State Law and Policy Resource Center. If you live in a state that does not have an educational consent law, ask your state officials to enact such a law. The resource center  also includes links to your state legislature's home page where you can learn how to contact them. You can also contact rmartinez@gu.org for technical assistance.  

Background
Relative caregivers can encounter difficulty when enrolling the children they are raising in public school.  In April 2001 Generations United submitted to the House Education and Workforce Committee a proposal to expand the definition of parent (to include grandparents raising children).  This language was included in the final version, which passed and was signed into law on January 9th, 2002.  The revised definition specifically identifies grandparents and stepparents as examples of qualifying persons "standing in loco parentis."

While this change to federal legislation is helpful, rules regarding enrollment of children are primarily determined at the state and local level. Many states do not require a caregiver to have legal custody or guardianship to enroll a child in school, but do have residency requirements that require children to be in the school district for a “legitimate” purpose, i.e., not solely to attend school. Some local school districts in turn require caregivers to show documentation of legal custody or guardianship to enroll the children. The districts require this proof to prevent families from abusing the school system by shopping for a particular school, and having their children live in that district during the school week or school year solely in order to attend that school. However, the problem with requiring proof of legal custody or guardianship is that, in addition to preventing abuses, it unjustly prevents children who are being raised informally by relative caregivers from attending school. Some states have developed ways to balance the concerns of school systems and families by enacting consent or power of attorney laws.

Connect
Visit Grandfamilies State Law and Policy Resource Center to find the states that have educational consent or power of attorney laws. 

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