ELC Fact Sheet: Education Decision Makers

The Education Law Center and Juvenile Law Center have developed a fact sheet to explain important educational decision maker rules, including Pennsylvania’s Juvenile Court Procedural Rules (Rules 1147 and 147) requiring judges to appoint an “Educational Decision Maker” for children who have no parent or guardian to make education decisions for them, or when a court concludes that appointing an EDM is in the best interest of a child.

In addition, under the Individuals with Disabilities Education Act, school districts have a duty to appoint a “surrogate parent” for children with special education needs under specific circumstances.

ELC Toolkit: School Success for Students Without Homes

This collection of “tools” is intended to help parents and providers ensure school success for children and youth (ages 3-21) in Pennsylvania who are experiencing homelessness. The toolkit provides information about important laws and explains legal rights and how to use them.

ELC Parent and Advocate Guide: Right to Special Education

This guide provides clearly explained legal rules for special education and early intervention programs in Pennsylvania for children from ages three to 21.

The Rights of Students Experiencing Homelessness

Youth who are experiencing homelessness have additional rights under a federal law called the McKinney-Vento Act and rights under Pennsylvania’s Act 1, if they have changed school entities at least once in a school year due to experiencing homelessness. This fact sheet provides detailed information and resources for youth experiencing homelessness regarding their education rights under federal and state law. A sample McKinney-Vento complaint form is provided.

Expulsions in Pennsylvania

A fact sheet providing information for parents and guardians on the rules and procedures for student expulsions from school district and charter schools.

While public schools have wide latitude to create rules, they must follow their own rules. Thus, a school can only expel a student for a violation of a school rule if the school has officially adopted and distributed the rule. School rules should be listed in a published Code of Student Conduct that should be given to all students and parents.

Please note – this document is available in Spanish.

How to Enroll a Child Living with Someone Other Than Their Parent

Enrolling a child who is not experiencing homelessness or is in foster care: If a child is living with you and you are not with their parent, they have the right to attend school where you live if certain conditions are met. Most schools have their own form to determine whether the child living with you is eligible to enroll in the school catchment where you reside. Check with the school first to see if they have a specific form they want you to use. If not, you may be able to use this form to establish that the child living with you is eligible to enroll in the school catchment where you reside. Your school district’s form will be similar to this. Regardless of whether you use the school’s form or the sample form above, the document you will complete is an affidavit (sworn statement), which means that you are certifying that all information you provide on the form is correct. NOTE: You can face legal penalties if you knowingly complete an affidavit form using false information to enroll a child into school.