QUESTION

Can a NJ public school, refuse enrollment to a child in fist grade, when enrolled by her grandparent who does not have legal custody?

Asked on Sep 12th, 2012 on Education Law - New Jersey
More details to this question:
This child is my grandaughter, she is almost six, attempting to enroll in first grade. I do not have legal custody of her yet. Her parents are not in the picture. NJ Statues support my status and the childs. The school, refused (the principal, then the loacal BOE) to look at the law, instead said go get legal custody when the statue specifically spells out what needs to occur. The policy indicates that this child - is or will become an affadavit student. The Superintendent, nor the school offered no remedies. They were content with allowing her not to be enrolled, even though - I founf out later - they should have offered the form, enrolled and asked questions later. They violated this childs right to a education, and state law that supported my right to enroll my grandchild who I am the primary caregiver for. They asked questions, prohibited by law. Refused to enroll her. Told me to get legal guardianship, all when the state says they should not.
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
you have taken all of the proper steps, and are correct in what you are saying.  You need to go to the County Superintendent's office in the county in which you live. this is a link to the list of counties and how to get in touch with the county http://www.state.nj.us/education/counties/ It is always recommended that you go through all of the "chain of command" starting with the local school, principal, school board and superintendent.  You have done that and now need to go to the County Superintendent.  Good Luck !
Answered on Sep 13th, 2012 at 8:30 AM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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