DATE
CLIENT NAME
CLIENT ADDRESS
Subject:
Reference No:
Dear CLIENT NAME:
This letter is to inform you that (Center for Arkansas Legal Services/Legal Aid of Arkansas) has accepted your case on an advice only basis. The advice contained in this letter and any enclosed materials will help you understand the law and how it applies to your circumstances so you better understand your legal situation. Read this letter and the enclosed materials very carefully before deciding what to do next.
You stated that you were advised by the NAME OF SCHOOL DISTRICT that it would not enroll NAME OF CHILD without your producing a guardianship document for him/her. This is contrary to Arkansas law.
Arkansas Code Annotated § 6-18-202(b)(1) states that:
The public schools of any school district in this state shall be open and free through completion of the secondary program to all persons in this state between the ages of five (5) and twenty-one (21) years whose parents, legal guardians or other persons having lawful control of the person under an order of a court reside within the school district and to all persons between those ages who have been legally transferred to the district for educations purposes.
(2) For purposes of this section, a student may use the residential address of a legal guardian, person having legal lawful control of the student under order of a court, or a person standing in loco parentis only if the student resides at the same residential address and if the guardianship or other legal authority is not granted solely for educational needs or school attendance purposes.
In addition, the 8th Circuit Court of Appeals ruled that the policy of excluding minor children from school unless the child had a parent or guardian living in the district violates the United States Constitution. In addition, there are two Arkansas Attorney General opinions regarding the enrollment of children residing in a school district without a parent or legal guardian.
You are standing in loco parentis to name of child. In loco parentis means “instead of a parent" or "in place of a parent." A foster parent, a county custodial agency or sometimes a sibling can stand in loco parentis. Based on the above statute a person standing in loco parentis can enroll the child in school.
Based on the above statutes, case law and attorney general opinions, the School District cannot require you to file for a guardianship before enrolling name of child in school. However, a school district may require you to sign a statement under oath attesting to his or her residential address or to provide other proof that a student is a resident of the school district as defined by the statute.
Present a copy of this letter to the school when you enroll NAME OF CHILD.
The legal advice given over the telephone and provided in this letter concludes our services to you at this time. Therefore, I am closing your file. If your situation changes or you need legal assistance in the future on another matter, please contact the HelpLine at 1-800-9 LAW AID (1-800-952-9243) to reapply for services.
Respectfully,
ATTORNEY Signature Block
Enclosures: