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Being Emancipated at the Age of 18

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  • 01-22-2013, 10:26 AM
    Heatherdawn
    Being Emancipated at the Age of 18
    My question involves juvenile law in the State of: Tennessee and Pennsylvania. I live in TN right now. I do not live with my parents anymore. I live with a boyfriend. My boyfriend and I are wanting to move to PA. Well I am still in high school, I'm a senior. I called the school in PA and they said that I have to be emancipated to go there. Is this true? If so how do I get emancipated and about how long would the process be?
  • 01-22-2013, 10:34 AM
    LawResearcherMissy
    Re: Being Emancipated at the Age of 18
    At the age of 18, you are already legally emancipated.
  • 01-22-2013, 10:36 AM
    Heatherdawn
    Re: Being Emancipated at the Age of 18
    Well I called the school in PA today and told them I'm 18 and they said I still have to be legally emancipated.
  • 01-22-2013, 11:19 AM
    Mr. Knowitall
    Re: Being Emancipated at the Age of 18
    Although a judicial declaration of emancipation makes the issue simple for a school administrator, that's not what the Pennsylvania Code requires.
    Quote:

    Quoting Pennsylvania Code § 11.11. Entitlement of resident children to attend public schools.
    (a) Entitlement.

    (1) A school age child is entitled to attend the public schools of the child’s district of residence. A child’s district of residence is that in which the parents or the guardian resides. 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. 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. If the child is an emancipated minor, the resident school district is the one in which the child is then living. For purposes of this section, an emancipated minor is a person under 21 years of age who has chosen to establish a domicile apart from the continued control and support of parents or guardians. A minor living with a spouse is deemed emancipated.

    (2) Transportation for students must be provided consistent with the policy of the school district that the students are attending.

    (b) Enrollment. A school district or charter school shall normally enroll a child the next business day, but no later than 5 business days of application. The school district or charter school 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 child’s age, residence, and immunizations as required by law. 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.

    (c) Nonresident children. 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.

    (d) Immigration status. A child’s right to be admitted to school may not be conditioned on the child’s immigration status. A school may not inquire regarding the immigration status of a student as part of the admission process. This provision does not relieve a student who has obtained an F-1 visa from the student’s obligation to pay tuition under Federal law.

    (e) Home language survey. A school entity shall administer a home language survey to all students seeking first time enrollment in its schools in accordance with requirements of the United States Department of Education’s Office for Civil Rights.

    Instruct the school in which you are otherwise eligible to enroll that you want to be considered emancipated for school purposes, and document that you meet the standard set forth in 22 Pa. Code § 11.11.
  • 01-22-2013, 01:03 PM
    Heatherdawn
    Re: Being Emancipated at the Age of 18
    i still dont really understand. should i be able to enroll myself or not?
  • 01-22-2013, 01:20 PM
    PandorasBox
    Re: Being Emancipated at the Age of 18
    You should be able to enroll yourself. use the statute mentioned above.
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