What is an Educational Guardianship Form?
An educational guardianship form is a document for a child whose parents have become incapable of taking care of him or her. In such cases, the guardianship allows someone else to make educational decisions for the child and to provide for his or her support. To further prolong the matter, a guardianship can be revoked by the Probate court. There are two types of educational guardianships: temporary and permanent. Unlike other types of guardianships, parents are not required to file an annual accounting to the Court for an educational guardianship. Texas law only requires the Court to review the guardianship every 4 years. In addition , an educational guardianship may be terminated merely by submitting an affidavit to the Clerk of the Court. There is no hearing required to terminate an educational guardianship. A petition must be filed with the Probate Court in order to obtain an educational guardianship. The Court will appoint a guardian to handle the administrative issues relating to school district enrollments, as well as ensure that educational documents are provided to the school district.
Who Needs an Educational Guardianship Form in Texas?
The Educational Guardianship form in the State of Texas is analogous to a Limited Power of Attorney, but only for a narrow field. Namely, for the rights that a parent or legal guardian has regarding their child’s education. A person may file the Educational Guardianship Form with their school district if they have lawful control, custody, or possession of a student that lives with them in a single residence and the child’s biological parents are not living there with them. That does not just mean grandparents, but it can include aunts and uncles, other relatives, friends, or a neighbor.
A person serving as a guardian for a student under this Form effectively steps into the role of a parent with regards to education, registration at the school, diplomas, testing, and even school activities. This form must be re-filed at least every year to confirm that the account is still active. This does not provide a person with any right to manage their child’s healthcare or financial accounts, however. That requires a separate Medical Power of Attorney and General Durable Power of Attorney.
Education Guardianship Requirements in Texas
In Texas, the educational legal guardianship form is completed and filed with the court after the order appointing the non-parent as the educational guardian is signed by the court. However, before a Judge will likely sign an order appointing a non-parent as an educational guardian the following legal requirements must be met:
- The child must have resided with the person to be appointed the educational guardian for at least 6 months prior to the filing of the case. A parent may also consent to the appointment of the guardian before his or her geographical area has expired.
- Either the child’s parents fail to file their consent to the educational guardian or the child’s parents knowingly and voluntarily disqualify themselves from acting as the educational guardian.
- There is good cause to believe that appointing the specified non-parent to act as the educational guardianship is in the child’s best interest.
- The person seeking to become the educational guardian is qualified—meaning he or she is an adult, has been employed and/or holds an academic degree, has lived in Texas for 6 months prior to filing the case, and has had permanent residence in the same school district as the child during that time period. Even if the appointed guardian does not meet each of these criteria, the Court can still appoint the non-parent if it determines that it is in the child’s best interest.
- The parental rights of each parent have not been terminated, but they are eligible to sign the educational guardianship form.
- Each parent has knowingly and voluntarily disqualified themselves from serving as the educational guardianship for the child.
Filling Out the Educational Guardianship Form
The educational guardianship form is relatively simple. It focuses on a few key areas:
School district information
Guardian information
Starting date
Parental consent (if applicable)
Signature
To start, you’ll identify the school district or districts that the minor will attend.
Next, the form requests the name and address of the guardian. You’ll also need to provide information about parental consent here. In most cases, a parent of the minor will be required to consent to the arrangements in writing .
The final sections indicate the beginning date of the educational guardianship. This starting date does not have to be the same as the day you file the form, so long as it occurs before the minor enters school or preschool. You may also specify an end date for the guardianship, or it can be for an indefinite period of time until the minor reaches adulthood.
When filing, either in person or by mail, there is no charge to record the guardianship.
How to File the Educational Guardianship Form
Once you have completed the educational guardianship form, the next step is to file or submit it. The methods and locations for submission will depend on the particular requirements of the school or universities involved, however, since this document transfers the authority for educational decisions and school enrollment, you should be prepared to provide them with the original completed copy of the form. Photocopies are generally not accepted. You may also be asked to submit additional documentation in order to validate your guardianship. While each institution can impose specific requirements, you may need to include: Depending on the policies of the school districts or institutions of higher education, they could have different variations of the educational guardianship form available. You may be able to reference a copy posted on their website, however, it is always best to contact school officials directly to confirm their requirements.
Educational Guardianship FAQs in Texas
Q: What is the purpose of an Educational Guardian?
A: An Educational Guardian Service, also known as a designation of a person to act as an Education Guardian, is a judicial procedure in which a person is appointed (by a court) to make education-related decisions for the incapacitated ward. In other words , the person appointed will have the authority to apply for admission to the school of the ward’s (the incapacitated person) choice; enroll the ward in a school; access education records of the ward; and sign all forms that are required for the ward to enroll in school.
Q: Are Educational Guardianships different from Guardianships?
A: Yes. An Educational Guardianship is not a full Guardianship under Texas law. An Educational Guardianship is much less complex than a Guardianship and is limited to just those issues that pertain to the incapacitated ward’s education.
Q: How do I become my loved one’s Educational Guardian?
A: You will need to file an application with the appropriate court and specifically request the appointment as Educational Guardian of the incapacitated person. The Court will then hold a hearing to determine whether or not the Educational Guardianship should be granted.
Q: How long does an Educational Guardianship last?
A: Educational Guardianships can be either rotational (in nature) or for a specific period of time. You will have to specifically request the duration of the Educational Guardianship when you apply to the court.