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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102505
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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"give up educational rights"

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What does it mean to "give up educational rights" of my child to a person of my choosing - so he can live with his adult cousin and attend school in that district? We live 20 min away and would still be his parents. He is a high school senior - in NE. 

Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

Can you please tell me:

1) What state this is in, and
2) A little more about the matter at hand?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 4 years ago.

We are in NE. I want his to live with my adult nephew and his family of four so he can finish high school at a school in their district. It is a bit of an emergency that he not finish at his current school (nothing to do with the school).

I see. And what is the name of the document that is being presented to you and you are being asked to sign? What is its title, please?
Customer: replied 4 years ago.

Haven't seen the document yet. The school counselor we meet with tomorrow will have it. It has to be notarized (they have a notary at the school). I don't think it is a big deal - his exact words were (about what I need to do tomorrow at our meeting at the school):


We just need on biological parent, who you are giving up educational rights to, a birth certificate, OPPD or MUD Bill, and a copy of immunizations in order to begin the process.



Thank you.

To "give up educational rights" means that the parent gives up the right to choose the educational decisions for their child.

Normally, to have a child come live with someone else for school, a drastic "giving up the right" is not necessary. All the parents have to do is to provide a Power of Attorney for the adult to make decisions for that period of time - example can be found here.

As such, a power of attorney should be enough, which does not have the parent "give up" educational rights, but simply give that right to someone else temporarily with the right to rescind it at any time.

Good luck.

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Customer: replied 4 years ago.

Do you suggest we sign a "give up your rights" document (provided by the school) or suggest we insist on getting a temporary power of attorney document? Or does it even matter - as I don't anticipate any issues - should be another normal school year.

Although I cannot tell you what to do, if it were me, I would highly consider drafting a Power of Attorney by counsel that names an adult as having that power to make educational choices, and providing THIS to the adult and the school to work with.

Although no issues are anticipated, language like "give up my rights" scares me. One is much better off with a traditional power of attorney where the right to make such decision is not given up, but "loaned" to someone else.

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