Can districts mandate legal guardianship?
Even when it’s undisputed that a child resides in the district, but questionable whether the child lives apart from the parent simply to access educational programs, districts must not apply inflexible rules to determine residency. Districts cannot mandate adult caretakers or relatives with whom a child lives to establish legal guardianship as a condition for gaining access to the district’s schools. Districts may require reasonable assurance from the responsible adult caretaker that they accept responsibility for the child. This may be done through a notarized affidavit.
