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Right for a minor to make educational decisions - ?

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Dea

Junior Member
What is the name of your state? Pennsylvania

Looking for genneral advice as to my rights (if any) as a minor (16 years of age) as related to my education and decisions affecting it.
I'm in 10th grade and have attended the same public school since the start of high school (last year). I have a good academic record at the school and no disciplinary problems at all, in or out of the educational environment.
Recently my parents decided to transfer me from my current school to another public school, starting this fall. I am...displeased...with their decision. There is no legal reason (i.e., I have not been suspended or expelled and both schools are within the same district) for me to change schools, nor do I have transportation or financial conflicts with the first school that prevent attendance. The decision to transfer me was made by my parents without advice from academic counselors or input from my current school/teachers. The CliffNotes version of their reason for transferring me is that I chose to use the school offered resources for preparing for the PSAT/SAT rather than tutoring with my mother. I felt the school sponsored classes and reviews were more effective and showed more measurable success than working with my mother.
In any event, the molehill has grown into a mountain and I suddenly have a problem. I live in Pennsylvania where, as far as I know, the age of majority is 21, an age I have not yet reached and am not even approaching. I'm not looking to be emancipated and I am continuing my efforts to initiate conversation between my parents and I, to resolve this in a mutually agreeable way. However, I felt it would be a good idea to poke around and ask some questions. Given my age and the circumstances, do I have any say at all in my education, specifically in terms of remaining at my current school?
Any advice would be much appreciated. :)
Thanks for your time,
Dea
 


rmet4nzkx

Senior Member
Somehow I suspect there is a bigger reason than the Cliff notes version. Is there a charge for the school sponsored prepcourses?
What is your current GPA?
Does your mother have a college education?
Remember that college enterence and scholarships consider these test scores and other factors, even in the same school district one school may be rated higher than others, thus offering you a better chance at achieving your educational goals. Have you looked at each school to see how they are rated?
I can see your confusion re the age of mayority for PA as it is listed some places as 18 and others as 21 on the internet.

According to 4 Pa. Code § 174.10. Unemancipated child. § 174.10. Unemancipated child. The term ‘‘unemancipated child’’ means a person below the age of 18 receiving at least one-half of his support, which could include room and board, from a parent or guardian.
and
22 Pa. Code § 11.13. Compulsory school age.
§ 11.13. Compulsory school age.

Compulsory school age refers to the period of a child’s life from the time the child enters school as a beginner which may be no later than at the age of 8 years, until the age of 17 or graduation from a high school, whichever occurs first. A beginner is a child who enters a school district’s lowest elementary school grade that is above kindergarten.

But age 21 re residence, perhaps this is re post secondary attendance
22 Pa. Code § 11.11. Entitlement of resident children to attend public schools.

(a) Entitlement.

(1) A school age child is entitled to attend the public schools of the child’s district of residence. A child’s district of residence is that in which the parents or the guardian resides. When the parents reside in different school districts due to separation, divorce or other reason, the child may attend school in the district of residence of the parent with whom the child lives for a majority of the time, unless a court order or court approved custody agreement specifies otherwise. If the parents have joint custody and time is evenly divided, the parents may choose which of the two school districts the child will enroll for the school year. If the child is an emancipated minor, the resident school district is the one in which the child is then living. For purposes of this section, an emancipated minor is a person under 21 years of age who has chosen to establish a domicile apart from the continued control and support of parents or guardians. A minor living with a spouse is deemed emancipated.

(2) Transportation for students must be provided consistent with the policy of the school district that the students are attending.

(b) Enrollment. A school district or charter school shall normally enroll a child the next business day, but no later than 5 business days of application. The school district or charter school has no obligation to enroll a child until the parent, guardian or other person having control or charge of the student making the application has supplied proof of the child’s age, residence, and immunizations as required by law. School districts and charter schools receiving requests for educational records from another school district or charter school shall forward the records within 10 business days of receipt of the request.

(c) Nonresident children. The requirement of subsection (b) applies equally to nonresident children who are children living in facilities or institutions as defined in § 11.18 (relating to nonresident child living in facilities or institutions), or foster homes, or with a district resident who is supporting the child without personal compensation as defined in § 11.19 (relating to nonresident child living with a district resident), provided that the person making the application has supplied the documentation required by law.

(d) Immigration status. A child’s right to be admitted to school may not be conditioned on the child’s immigration status. A school may not inquire regarding the immigration status of a student as part of the admission process. This provision does not relieve a student who has obtained an F-1 visa from the student’s obligation to pay tuition under Federal law.

(e) Home language survey. A school entity shall administer a home language survey to all students seeking first time enrollment in its schools in accordance with requirements of the United States Department of Education’s Office for Civil Rights.

Authority

The provisions of this § 11.11 amended under section 1317(a) of The Administrative Code of 1929 (71 P. S. § 367(a)); and sections 1327, 1330, 1372, 1511 and 2603-B of the Public School Code of 1949 (24 P. S. § § 13-1327, 13-1330, 13-1372, 15-1511 and 26-2603-B).

Source

The provisions of this § 11.11 amended December 19, 1986, effective December 20, 1986, 16 Pa.B. 4874; amended October 22, 2004, effective October 23, 2004, 34 Pa.B. 5798. Immediately preceding text appears at serial pages (244452) and (271457).

Notes of Decisions

Out-of-State Schools

Order of State Board of Education disclaiming authority to decide upon continuance of school board’s practice of utilizing out-of-state schools to educate some of district’s children is not a regulation and does not give school district sole discretion over the assignment of students to attend out-of-state schools. Wayne Highlands School v. Department of Education, 488 A.2d 1172 (Pa. Cmwlth. 1985).

Cross References

This section cited in 22 Pa. Code § 11.18 (relating to nonresident children living in facilities or institutions); and 22 Pa. Code § 11.19 (relating to nonresident child living with a district resident).
 

Dea

Junior Member
The prepcourses are completely free. I don't know my current GPA but I've got A's and B's across the board (last year as well). My behavior is excellent at school and I come home happy.
My mother does have a full four years of college, in computer engineering (or something closely related, I can't recall precisely). The main reason I'm dubious as to my ability to affect any sort of change in my favor here is that technically, my mother is perfectly capable (and to my knowledge) legally entitled to teach me outside out school hours. In reality, I find that I have always learned better from someone who I don't live with. In addition my mothers instruction was far less detailed and helpful than what was offered through the school and she tended to drag personal problems and disagreements into our teaching sessions.
However, all of those reasons are purely personal and have no real foothold in preventing me being transferred.
At this point I'm just poking around, looking for a legal reason to stop the transfer (although I don't think there is one) or, preferably, just some tidbit that would change their mind. The school ranking is something I'll definitely look into.
As to the age of majority - I'm not close to being either 18 or 21 so I thought it was kind of a moot point right now. In terms of emancipation, I have no urge to become emancipated. Despite current appearances I do love my parents. They also support me completely in the financial sense.
Thanks for your response! I need to read through it in more detail. :)
 

rmet4nzkx

Senior Member
Well since you love your parents and mom is qualified to teach you you may indeed get more attention than in a group course. You would have personal conflicts whether or not this was the isuue, it is a part of growing and maturing. Check out the individual school ratings and have a sit down with your folks and see if you cand find a compromise, perhaps one where you stay where you are and do both the school prepcourse and she tutors you on her area of speciality which is likely to be math and science.

I have a doctorate, I never took SAT or ACT tests.

Good luck.:)
 

MoneyShot

Member
Dea, your arguments seem well thought out and you express yourself very well here. My compliments on making your case. However, I don't see where there is a legal basis for challenging the transfer. The logical basis is strong and I hope you can appeal to your parents from that side. Your mother may be well educated but the fact is that not everyone is cut out to be a teacher nor does it mean that she can effectively tutor you. I hope this works out well for you.
 

stealth2

Under the Radar Member
Dea - consider asking Mom to pick up one of the prep guides w/cd as a resource. Practice tests, etc are all on there, as well as excellent prep guides. Perhaps if the two of you can sort the prep issue out, they'll let you stay in your current school.
 

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