AGO 2000-056.

Case DateDecember 30, 1999
CourtAlabama
Alabama Attorney General Opinions 1999. AGO 2000-056. 2000-056December 30, 1999Honorable George C. SimpsonCircuit Court JudgeFortieth Judicial Circuit Post Office Box 880Ashland, Alabama 36251 Schools - Residence Requirements -School Attendance - Education, Boards of - Clay County Admission to public schools shall be determined on an individual basis pursuant to such rules and regulations as the local board of education may prescribe.Dear Judge Simpson: This opinion of the Attorney General is issued in response to your request. QUESTION Whether power of attorney given by a mother living in one county to a grandmother living in another county is sufficient to require the school board of the grandmother's county of residence to enroll the child. FACTS AND ANALYSIS Your request is summarized as follows:
Assuming that a child lives with his mother in County A, the mother is concerned with the child's school and extracurricular activities, including pressures to become involved with drugs, gang activity, etc. Mother's mother (the maternal grandmother of the child) lives in County B. Mother considers it to be in the best interest of the child to have the child live in County B, and reside with the maternal grandmother temporarily and attend school in County B. An attorney is employed who prepares a power of attorney consistent with the provisions of section 26-2A-7 of the Code of Alabama. Under the foregoing facts, can the school system of County B be required to enroll the child?
A thorough review of case law and statutes reveals no Alabama statute or case that would be dispositive of this issue. Further, there is no federal case law that definitively sets forth constitutionally appropriate policies for the admission of schoolchildren into public education. Section 26-2A-7 of the Code of Alabama provides, in pertinent part, that a parent who has custody of a minor person, by a properly executed power of attorney, may delegate to another person for a period not exceeding one (1) year, any power regarding health, support, education or maintenance of the person or property of the minor child or ward. Temporary delegation of parental powers does not relieve the parent or guardian of the primary responsibility for the minor person. ALA. CODE § 26-2A-7 (1992). This statute is not intended to be used as a vehicle for the permanent...

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