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  1. #21
    Join Date
    Sep 2011
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    OH10
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    Default Re: 17 Year Old Refuses to Move Out of State with Family

    You are not a very sharp crayon. I have already posted the applicable references proving I was correct and you were wrong. We are not dealing with a child in foster care or custody of a relative for other reasons not related to school attendance.


    Quote Quoting llworking
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    So, you are saying that children in foster care or children who are in the custody of a relative (a couple of examples) are not allowed to go to school in Ohio because they aren't in the custody of their parents or self supporting?

    I am not going to read through the entire code to find something that won't back up what you are saying.

  2. #22
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: 17 Year Old Refuses to Move Out of State with Family

    Quote Quoting llworking
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    That is not correct. He would not be prohibited from remaining in school if he continues to live in IL. Just because he parent moved to another state after the school year started doesn't mean that he would be illegally remaining in school.
    Illinois Legal Aid was kind enough to provide a summary addressing the issue:
    Quote Quoting Residency and School Enrollment
    The student’s “residency” is usually that of the parent or other qualified adult with whom the child lives. Some Children who are not residents may also enroll in the district’s schools, for example, students experiencing homelessness. For more information on the rights of homeless children see the Related Articles.

    Your "residence" is the place where you actually live and intend as your home. A person cannot have more than one residence at a time. You do not have to have lived in a school district for any amount of days, weeks, or months to establish residency or permanent residency.

    All Illinois children have the right to finish the entire school year in the school he or she lawfully started at, even if they move to another district. A child does not have to stay at the same address every minute or day of the week and eat all their meals at that location in order to be a resident. Many children stay with grandparents on a weekend or have visitation with a non-custodial parent.
    Consistent with that assertion, the ISBE provides a FAQ to help explain state law,
    Quote Quoting A student begins the school year at District A. During the school year, the parents move to District B, but they want their child to continue at District A. Can the student complete the year at District A and District A claim the attendance?
    Yes. The student, in this example, can cont inue to attend Distri ct A and be claimed by District A for GSA, as long as the parents did not en roll the student in District B . However, after completion of that school year, th e student is no longer a resident of District A and the parent must enroll the student in District B or the student becomes non- claimable. If the parents choose to conti nue sending the student to the original school district after completion of the school year, they will be required to pay out-of-district tuition to District A.

    Statutory Citation: 105 ILCS 5/10-20.12a
    They also provide a plain English summary here.
    Quote Quoting llworking
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    It also would not be state laws but school district rules that would apply. Schools receive their funding allotments for students after "count day" and therefore students are allowed to finish the school year.
    In this context, it would be state law that would apply to the extent that state law preempts a local rule that is more restrictive or, if we're talking about criminal fraud, because the state penal code would define the criminal act.
    Quote Quoting llworking
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    So, you are saying that children in foster care or children who are in the custody of a relative (a couple of examples) are not allowed to go to school in Ohio because they aren't in the custody of their parents or self supporting?
    Without shifting the discussion to Ohio, Illinois broadly allows a child living with a guardian or other custodian to enroll in the school district in which the child resides provided the purpose of the child's residence is "for reasons other than to have access to the educational programs of the district". The Illinois Code specifically allows for foster children to be enrolled in schools based upon their placement. See subsection (b) of the aforementioned statute.

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