Legal Question in Education Law in New York

high school students who are adults

My daughter is a senior at a public high school and turned 18 in early December. She recently had a doctor's appointment and the school refused to let her leave without parental authorization. I told them that she is now an adult & can sign herself out. I was told that the school attendance policy requires parental approval for any student to leave school. My view is that since she turned 18, the school cannot require her to obtain approval of another adult for anything - she is legally able to sign herself in and out of school. And since, she is 18, she is no longer under my legal guardianship. Also, in this particular situation, the issue of medical privacy rises - adults have a right to make & keep medical appointments without notifying other adults or getting their approval.

I believe the school attendance policy needs to be applied differently for those students who have turned 18 and are legally adults. Am I correct?


Asked on 12/28/06, 12:53 pm

1 Answer from Attorneys
Arnold Nager Arnold H. Nager, Esquire

Re: high school students who are adults

Probably but why get yourself involved in an argument you can't possibly win, without your daughter losing.

This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon in any way. All readers are advised to consult an attorney to address their specific legal concerns. Additional facts could affect the answer given.

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Answered on 12/28/06, 2:38 pm


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