JDC - Parent-Appointed Guardians for Minor Students

Code: JDC
Adopted: 9/27/17
 

Parents of students may appoint a guardian to act in their stead or “in loco parentis,” for their minor children who attend District schools. A parent-appointed guardian for a District student has complete authority to make decisions related to that student’s education and participation in school related activities. Issues which the parent-appointed guardian can address or decide include, but are not limited to:

  • Admission to school;
  • The nature and scope of educational services the student may receive;
  • Access to educational records;
  • Participation in extracurricular activities;
  • Participation in parent/teacher conferences;
  • Medical care of the student;
  • Discipline of the student; or
  • Whether to receive the authorization for and/or participate in special education services

A parent-appointed guardian must meet the following criteria in order to be appointed by a parent as a guardian for a District student:

  • Be a U.S. citizen or Permanent Legal Resident;
  • Must reside within the boundaries of the District or be willing to provide transportation to the boundaries of the District; and
  • Be 21 years of age or older.

To appoint a guardian for a District student, a parent must complete and present to the school where the student will attend or the Director of Student Services the attached “Affidavit of Guardianship.”

A parent may revoke his or her appointment of a guardian for a District student at any time, for any reason by delivering to the principal of the school where the student attends or the Director of Student Services a signed written statement to the effect that the appointment of the guardian is revoked. Unless revoked by the parent, the guardianship appointment by a parent shall be effective until the student reaches age 18 (or 21 in the event of the student’s eligible special education services) or unless the student is legally emancipated.

For purposes of this policy, the term “parent” means:

  • Either biological or adoptive parent of a child;
  • A foster parent of a child;
  • A legal guardian (other than a State agency) or other person legally responsible for the child’s welfare;
  • An individual acting as a parent in place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives; or
  •  A surrogate parent appointed by the school district or a juvenile court.

If more than one person is qualified to act as a parent and a biological or adoptive parent is attempting to act as the parent, the biological or adoptive parent is presumed to be the parent under this policy.

However:

  • This distinction does not apply if the biological or adoptive parent does not have legal authority to make educational decisions for the child; or
  • If there is a court order or judgment of the court identifying specific person(s) who can act as the parent of a child to make educational decisions on behalf of a child.