Topics on this page
- General Considerations
- What You Will Need to Provide
- Denial of Enrollment
- Issues With Establishing Residency
General Considerations
All children in Maryland who are 5 years old or older and under 21 years of age must be admitted free of charge to public school. Generally, a child is admitted to and attends the public school that serves students in the specific area in which the student lives. The child’s residence can be with the child’s parent, guardian, or a relative providing kinship care. There are some exceptions to the domicile requirement.
Whether you are enrolling a child in school for the first time or transferring a child from one school to another, contact the school and ask what is required to enroll a child in that school. The school may ask questions about your relationship to the child, where the child lives, and your child’s age. They may also ask whether your child has ever been enrolled in special education or if your child has a disability that may entitle them to special education. They may even ask why you want to enroll your child in this school. You should be truthful about all your answers.
Each local school system determines which documents will be accepted as proof of meeting the age, eligibility, residency, immunization, or other enrollment requirements. It is important to speak with someone at the school where you want to enroll your child to ensure that you know exactly what you need to provide to enroll your child in that school.
RECOMMEDATION: When you speak with the school, write down who you talk to and what their job is in the school. Also, write down what they tell you about enrolling your child. If the school refers to "rules" or "policies," ask them for copies.
What You Will Need to Provide
Most schools will require you to provide the following when enrolling a child in school:
- Proof of age (e.g., birth certificate)
- Proof of age is particularly important the first time a child enrolls in school. It helps determine which services and programs are available to the child. A birth certificate and other documents, as determined by each local school system, may be used as proof of age. A copy of your documentation will be made by the school and attached to your child's record.
- Proof of custody/guardianship
- Proof of custody/guardianship is required to identify who is legally responsible for the child and who can be contacted in case of an emergency. This tells the school who can make educational decisions for the child.
- Proof of residence
- The residence of the parent, guardian, or relative providing kinship care determines the child's right to attend the local public school. Generally accepted documents proving residency are a current rental lease, a current utility bill containing the applicant's name and address, or a current property tax bill.
- Medical records
- Immunizations: All children must have an up-to-date copy of immunization records to be enrolled in, and to attend, school. If your child's immunizations need to be updated, you may temporarily enroll your child if you can show evidence that you have an appointment within 20 days to obtain the immunizations.
- Exemptions: Exemptions from a physical examination and immunizations are permitted if they are contrary to a student’s or family’s religious beliefs. Students may also be exempted from immunization requirements if a physician/nurse practitioner or health department official certifies that there is a medical reason not to receive a vaccine.
- See: Maryland Department of Health, Center of Immunization: Back-to-School Immunization Requirements.
- Read the regulations: COMAR 10.06.04
- If you are enrolling a child in pre-kindergarten, kindergarten, or first grade, you must also show evidence of blood lead testing. Evidence of blood lead testing can be shown by providing a completed blood-lead testing certificate, or another written document signed by a health care practitioner.
- Read the regulation: COMAR 10.11.04.05
The requirements of each local public school and what they accept as proof may be different, so check the local school system's policies and procedures.
Read the law: Md. Code, Education § 7-101
Denial of Enrollment
School systems can deny enrollment to students in the following circumstances:
- The student does not meet age, eligibility, residency, immunization, or enrollment requirements.
- The student is currently expelled or on an extended suspension from another school.
- The student has already completed the requirements to earn a diploma or certificate of attendance in another school district, state, or country.
Read the regulation: COMAR 13A.08.01.11C.(9). Read the law: Md. Code, Education § 7-305(e)(5)
Issues With Establishing Residency
Often, school enrollment is denied because the child is living with someone other than a parent or guardian. The school may say the child is not a resident of the school area or that the person asking for enrollment does not have legal authority and would have to get custody or guardianship by a court order. Enrollment problems should be resolved as quickly as possible. Missing a year of school, or part of a year, can be a serious problem in a child's education. Also, by law, every child under the age of 18 must attend school.
Learn more about compulsory school attendance.
Kinship Care
While a school may deny enrollment on the basis that the child does not live in the area serviced by the school, determining a child’s residence is not always as simple as it sounds. If the child is legally a resident of the school zone, make sure to provide the school with evidence to support that claim. For example, if you are providing care under an informal kinship care arrangement, the county superintendent must allow the child to attend the public school in the zone where you live. Make sure you verify the informal kinship care through a sworn affidavit.
Learn more about school enrollment and informal kinship care arrangements.
Homelessness
You may also be able to reverse a denial of enrollment based on the child’s residence if you can provide evidence that the child is legally considered homeless. School-age children who are homeless (or become homeless) have legal rights under a federal law called The McKinney-Vento Act. School systems must consider "the best interest of the child" when enrolling homeless children in school.
Learn more about homeless students and school.
Court Orders
If the school is uncertain of the legal custody or guardianship of a student who tries to enroll, the school may tell the parent, guardian, or relative that they have to go to court and get a custody or guardianship order. These procedures can take far too long, resulting in the child not getting enrolled in school on time. In many cases, a court order may not be needed at all. Sometimes, a school may be satisfied if a petition for custody or guardianship has been filed in court.
Both custody orders and guardianship orders from courts have consequences far beyond school enrollment and can dramatically change a child's life. Therefore, you should not assume that a court order is the only way to enroll a child in school. Depending on the facts of your specific situation, you may not need the court order, or even to file a petition for the court order.
Getting Help
The school system's Pupil Personnel Worker may be a resource. The Pupil Personnel Worker serves as an advocate for students and a consultant for school staff and parent guardians on a variety of issues, including attendance, residency, and homelessness.
If you find yourself in this situation, a brief consultation with an attorney may help you determine the best course of action. To find an attorney with experience in these matters, you may want to contact a local lawyer referral service. The State Bar Association’s Lawyer Referral Information page for contact information for your local lawyer referral service.
Learn more about child custody and guardianship of a minor.