EDUCATION

For more detailed information about your rights to make school decisions, please see the Legal Guide For Maine Grandfamilies available from Families And Children Together (F.A.C.T.).  This legal guide includes information on custodial arrangements and educational issues.

What do I need in order to register a child in a new school system?

• Birth certificate
• Proof of legal guardianship
• Immunization record
• Past school records

The school will probably help you by requesting the past records from the child’s last school.  The school records may include the immunization records.  You may also request immunization records from the child’s parent or doctor’s office.

What if I do not have legal guardianship?

The general rule is that a child attends school in the same school district where the parent or legal guardian lives.  Exceptions may be made by the superintendent of schools if the superintendent determines it is in the child’s best interest because:

            (A) It is undesirable and impractical to reside with the child’s parent or there are other extenuating                   circumstances and
            (B) The child is living in the school district for reasons other than educational purposes.

To get this exemption, send a letter to the superintendent explaining the student’s situation and ask that the student be allowed to enroll in that school district.  Sometimes it is helpful to discuss the situation with a guidance counselor before approaching the superintendent.

Finally, there are school liaisons to help students who are making transitions and students who are homeless.  If a student is staying with you temporarily, the student may be considered a homeless student.  To find out who is the liaison in your school district, contact Keeping Maine’s Children Connected at 207-822-0172..

(At the time of printing this guide, there is legislation pending to change the rules regarding school registration.  Contact F.A.C.T. for more information.)

How does it work when the child is in DHHS custody and is living with me?

Children in DHHS custody are considered residents of the school district in which they are placed by DHHS.  This means that the children can enroll in the school district where they reside with a foster family, an adult relative, or any other adult or treatment center where DHHS placed them.  If the child is placed with you as part of a safety plan from DHHS, the DHHS caseworker may provide you with a letter for the school department.  This may help you to register the child. 

Each year DHHS signs a blanket form that authorized all permission slips for the school year.  The caregiver or foster parent then signs each individual slip for the specific activities.

DHHS has the right to be notified if the student is going to be suspended or expelled.  DHHS will then notify the foster parent or caregiver.  If the child is a special education student, then the surrogate parent has the right to be notified of any disciplinary issues.

DHHS has full access to educational records, however it does not have any decision making authority as a typical parent would.

Should I tell the teacher about the child’s situation?

Yes, partner with the teacher to help the child’s transition to be as smooth as possible.  Help the teacher to be sensitive to the child’s situation.  Let the teacher know that you want to be kept informed of the child’s progress.

What if I think my child needs special education services because he is struggling at school?

You can request an Individualized Education Program (I.E.P.) meeting.  This means you will meet with school staff to discuss how to determine whether your child needs special services.  If your child had special education services at a previous school, the I.E.P. will set up services at the new school.  Click here to learn more about I.E.P. meetings.

What is Section 504 and does my child qualify?

The purpose of Section 504 is to protect children with disabilities from discrimination in schools.  To be eligible for Section 504, your child must be a “qualified disabled person.”  This means he or she must have a physical or mental impairment that substantially limits a major life activity.

Where can I get more information and help regarding special education and Section 504?

Contact S.P.I.N. (Special Needs Parent Information Network) at 1-800-870-7746 or the Maine Department of Education Special Education Office at 624-6600.

What if I need legal assistance for special education, residency, or truancy?

There are a few options.  You can contact Kids Legal or the Maine Bar Association.  If it is related to a disability, you may contact the Disability Rights Center.

What if my child is having behavior problems at school?

Behavioral problems may be temporary due to adjustment, long term due to a serious problem, or just a normal part of the child’s development.  If the behavior problem is long term, the child may need special education services.  The school is responsible to help your child to learn even though the child’s behavior is a challenge.  Talk with the teacher and school guidance counselor to develop a plan to help the child manage better.  F.A.C.T.’s  Legal Guide for Maine Grandfamilies, also includes more information on suspension and expulsion.

What if my child has homework and I am not able to help him?

This is not unusual.  School has changed a lot and is different than when we went to school.  Talk to the teacher.  The school may have a homework program or may offer other suggestions about how you can help the child. 

The American Library Association recommends hundreds of educational websites.  Here are a few examples:

            www.yourdictionary.com - helps children find the meaning of any word
            www.factmonster.com - gives children facts about science, math, and history
            www.cybrary.org - helps children do homework