Legal Question in Civil Rights Law in Illinois

My daughter is going to live with my mother due to finacial difficulties. The school wants proof of residnecy to allow her to register.When we went to the school they insisted that guardianship be court ordered to my mother (for proof of residency) otherwise she would not be allowed to enroll. Can my daughter be DENIED an education? The school claims she is ONLY going to live there to go to THAT school and Illinois law prevents that. I understand the law but this is not the case. What is my next recourse? Court ordered guardianship requires a lawyer and fees which I cannot afford!!!!


Asked on 3/17/13, 2:46 pm

1 Answer from Attorneys
Stephen Messutta

Here is a link to a valuable outline of the Illinois State Board of Education's position on this issue.

http://www.isbe.state.il.us/homeless/pdf/residency.pdf

According to this, the school district is not allowed to insist on court-ordered guardianship. Other rules do apply however. It's time to do your homework (sounds like you are willing to do so since it is really all about your daughter and you are trying to do the right thing!) and frankly if you can't afford a lawyer check with your local bar association for a school law lawyer in your area that may be willing to handle your situation "pro bono" (ie for free) or on a sliding scale based on your means. There may also be a legal clinic that serves your area that may be able to provide some help, without charge, or at some nominal charge based on your means.

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Answered on 3/18/13, 7:15 am


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