Legal Question in Family Law in Virginia

18yr old daughter denied enrollment to public shool

daughter 18 & senior in high school moved to Raven Va from WV

she was denied enrollment to a public school saying she had to have a legal gardian it doesn`t matter shes 18

Isn`t it illegal to be denied access to a public education in all states?

The Va BOE said a temp. custody would have to go threw the court system, wouldn`t a simple temp.custody document be exceptable, since she is legally an adult.


Asked on 2/16/06, 2:19 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: 18yr old daughter denied enrollment to public shool

You haven't clarified the circumstances as to why your daughter is now residing in Raven, Virginia, after having, apparently, left your residence in West Virginia.

If she is there with relatives for some acceptable reason who are in a position to assume temporary guardianship, that's

one thing and should be acceptable to a court

for the purpose of approving temporary guardianship. However, if your daughter is there

merely for her own designs(perhaps, a runaway or whatever)and she has no persons in a position to whom the court could or would grant such guardianship, then that is quite another and she should in all likelihood return home forthwith.

And, no, it is not illegal for a school district to demand proof of bonified and legal residence of a student who wishes to attend school in that particular district and and to deny a prospective student the right to attend a particular school if that student does not meet the necessary residential and domicilliary criteria which are required for attendance at such school.

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Answered on 2/16/06, 5:10 pm


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