정식 Legal Guardian은 원칙적으로는 법원의 판결이 있어야 합니다.
물론, 법원의 판결이 없이도 인정하는 경우가 있긴 하겠지요.
studentservices.washk12.org/Guardianship.html
“… must be appointed by the Court to serve as the student’s legal guardian.”
http://www.admissions.ufl.edu/residency/definitions.html
“A legal guardian is appointed by the Florida courts.”
sfs.colostate.edu/I210000.cfm
“A Legal Guardian is a court appointed guardian who has legal custody of the unemancipated minor. The court appointing the guardianship must certify that the primary purpose of the appointment is not to qualify the student for in-state tuition.”
http://www.calvertnet.k12.md.us/studentsvcs/resguard.asp
“A legal guardianship document from court will be required.”
그리고, legal guardian을 하는 이유가 단지 학교에 보내기 위한 목적이면, 그것으로는 학교를 다니기 위한 resident로 인정하지 않는 것이 원칙입니다.
예를 들어서, 인테넷을 찾아보니 다음과 같은 규정들이 나오는 군요.
물론 State나 학군에 따라 다른 규정들도 있을테고,
또는 규정이 있더라도 정확히 따지지 않는 학교들도 있겠지요…
http://www.hancock.k12.ms.us/DISTRICT/EntranceReq.html
“Any legal guardianship formed for the purpose of establishing residency for school district attendance purposes shall not be recognized by this school board.”
http://www.illinoislegalaid.org/index.cfm?fuseaction=home.dsp_content&contentID=2633
“Once you prove you’ve got legal custody, you’ve also got to prove you’re not just trying to enroll the kids in this particular school district.”
http://www.whittedclearylaw.com/CM/Publications/Publications127.asp
“2. That the legal guardian or guardians of the child are resident(s) within the district, but not solely for the purpose of attending the schools.”
http://www.lsnjlaw.org/english/schoolandlearning/children/schresidency/
“A district may ask a parent or legal guardian to show proof that the reason the student is living there is not just so he or she can attend school in the district.”
http://www.njsbf.org/njsbf/publications/residency_requirements.cfm
“(6) The student is not residing with the district resident solely to receive a free public education in the district resident’s school district.”
http://www.state.sd.us/attorney/applications/documents/oneDocument.asp?DocumentID=1380
“however, the student, his parents, legal guardian or other person in loco parentis to the student shall not establish school residence and be exempt from the payment of tuition where the residence of the parents, legal guardian or person in loco parentis to the student was acquired solely or principally for the purpose of obtaining free schooling”
http://www.gencourt.state.nh.us/RSA/html/XV/193/193-12.htm
“Legal guardianship shall not be appointed solely for the purpose of allowing a pupil to attend school in a district other than the district of residence of the minor’s parent or parents.”