Sometimes there is a problem enrolling a child in school.  It often happens after the family or the child has moved to a new school's area, because the child is living with relatives for family reasons, or if the school believes the child is not a resident of its county. Often, schools tell someone who tries to enroll a child in school that they have to go to court and get a custody order or a guardianship order from the court.  These procedures can take far too long to get the child in school on time, and may not be needed at all.  Sometimes a school may be satisfied if a petition for custody or guardianship at least has been filed in court.  However, you may not really need the court order, or even to file a petition for the court order.  Both custody orders and guardianship orders from courts have consequences far beyond school enrollment and can change a child's life irrevocably.  Therefore, you should not assume that the court order is the only way to get the child enrolled in school.

Missing a year of school, or part of a year, can be a serious problem in a child's education.  Enrollment problems have to be resolved as quickly as possible.

The school systems are concerned about the cost to them of students who should be in a different school system. They legitimately can deny enrollment to a child who does not live in the area and is trying to enroll in the school solely as a preference, or because you think it is a better school. That is not, however, always as simple a question as it sounds. The answers you get from the schools and the reasons they give you are not necessarily the full story.  The most important thing is for the child to be in school, and that should be your goal.  

Some possible grounds for getting the denial of enrollment reversed are:

• Is the child legally a resident of that school system's area, no matter what the school says about it?
• Is the child in "informal kinship care?"
• Do you have the authority to enroll the child in school even if you are not a parent, do not have legal custody, and do not have guardianship. Can a parent or guardian give you that authority without either of you asking for a court order?
• Should the school consider the child as "homeless" under a federal law called the "McKinney Act?" 

Where to Start 

Contact the school you want to enroll the child in.  Review the questions below and be prepared to answer any of these questions that the school asks you.  You should be truthful about all your answers.  Write down who you talk to and what their job is in the school.  Also write down what they tell you.  If the refer to "rules" or "policies," ask them for copies of the rules or policies.

• What is your relationship to the child? 
  • Parent?
  • Other relative?
  • Foster parent?
  • Kinship care provider? (a relative caring for the child)
  • Do you have a custody order or other court order?  What kind of order?
  • If the child lives with you but you are not a parent and do not have a custody order, why is the child living with you?
• What county is the school in?
• What is the name and location of the school?
• Where does the child actually live?
  • What county?
  • With whom?
  • Full time or part?
  • If part, how much time, when, and why?
  • Is the child "homeless"? (This may include many children who are living with friends or relatives because of family problems)
• Why do you want the child enrolled in this school?
• Why? What did you tell the school? 
• What documents did they give to the school
• What did the school tell you about enrolling the child? Who told you this (name and job position)?
• Has the child been in special education? See Special Education.
  • If not, does the child have a disability that may entitle her to special education? If yes, see Special Education.

What to do if school refuses enrollment

Often the problem is that the child is living with someone other than a parent or guardian.  The school may say they child is not a resident of the school area, or may say that the person asking for enrollment doesn't have legal authority and would have to get custody or guardianship by a court order.

Either the law about school enrollment for "homeless" children or a new Maryland law about "Informal Kinship Care" could have a bearing on this (or both could).  If the school will not allow you to enroll the child, read the pages on both of these subjects.

What do you do if you need legal help to solve the problem?

Look at the first page of this education section under "Legal Help."

The Legal Aid Bureau can provide information, advice, and sometimes further legal help with school enrollments.  The Public Justice Center has handled cases involving school enrolment for "homeless" children and may be able to help if you think that law may apply.

• Why do schools refuse to enroll a child?
• What are some ways you could get the school to change it's decision?
• Where to start
• What can you do if the school refuses to enroll the child?
• Caring for someone's else's child - Informal Kinship Care
• What do you do if you need legal help to solve the problem?

Date last reviewed: 01/15/08 (PLL/M.A.J.)

This site offers legal information, not legal advice.  We make every effort to ensure the accuracy of the information and to clearly explain your options.  However we do not provide legal advice - the application of the law to your individual circumstances.  For legal advice, you should consult an attorney.  See our section on "Finding A  Lawyer In Maryland." The Maryland State Law Library, a court-related agency of the Maryland Judiciary, sponsors this site. The website was developed (1999-2007) as part of an access to justice initiative by the Maryland Legal Assistance Network (MLAN) in collaboration with a number of legal services providers serving low and moderate income Marylanders. 

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