Is my school district allowed to force a change of guardianship in order to attend the school?

I mostly live with my aunt (who is in the school district I want to attend), but occasionally spend time with my parents (who are my legal guardians). The school called us and said we were committing a Class C misdemeanor and in order for me to attend the school, we'd need to change my legal guardianship from my parents to my aunt (who is extremely old and sick and has to care for her disabled husband). Both my parents and aunt feel strongly against doing so. We talked to a friend who works in the school and were told that all we had to fill out was an Affidavit for Enrollment of Child Whose Parents Reside Out of District. Based on the situation and what we were told, this seemed to be right. The school wouldn't take the form and said that we have to change legal guardians. What can we do?

Rockton, IL -

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Attorney Answers (2)

Judy A. Goldstein

Judy A. Goldstein

Divorce / Separation Lawyer - Mokena, IL
Answered

School districts must use the tax dollars they receive to educate the children who reside within the district. That is why they cannot accommodate nonresidents Most school districts require guardianship and actual residence in the district in order to maintain enrollment. You really should consider the guardianship. Discuss tis with an experienced attorney and weigh your options.

Christine C McCall

Christine C McCall

Administrative Law Lawyer - Pasadena, CA
Answered

The school cannot force you to have your aunt named your guardian. You can refuse to do that and instead go to the school that you are assigned to based on your parents' residence address.

Of course, if you are determined to go to the school that is for persons who live at your aunt's residence address, then you many need to do as the school suggests. But that would not be the school "forcing" you to change guardianship. That would be you making a choice.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more

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