158.144 Adult caregiver with whom minor student resides may, by affidavit,
621 words·~3 min read·
/ky/158-144A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
establish authority to make school-related decisions for minor student --
Conditions -- Caretaker's decision may be superseded -- Obligations and
liability of person relying on affidavit of authority -- Revocation of affidavit --
Statute subordinate to federal law -- Penalty.
(1)As used in this section, "caregiver" has the same meaning as provided in KRS
405.024(1).
(a)A caregiver may be authorized to make school-related decisions for a minor
residing in the caregiver's home, including but not limited to decisions
concerning enrollment, attendance, extracurricular activities, discipline,
special education and related services, and other school-related activities, if
the caregiver presents to the school a duly executed affidavit as described in
KRS 405.024(2).
(b)A school shall honor a caregiver's authority to make school-related decisions
for a minor residing in the caregiver's home if the caregiver presents the
school with a duly executed affidavit as described in KRS 405.024(2). The
affidavit shall be valid in the school district in which the caregiver resides, but
a school official charged with the responsibility of enrolling a minor shall not
honor the affidavit if the official has reasonable grounds to believe that the
affidavit is presented solely for the purpose of enrolling the minor in a school
for the purpose of:
1. Access to athletics programs; or
2. Circumventing the school assignment, attendance, or boundaries policies
of the school district to gain access to curricula, services, or programs
unique to a particular school and not offered at other schools the minor
would be eligible to attend.
(3)A school-related decision made by a caregiver under the affidavit described in KRS
405.024(2) shall be superseded by a decision of a parent, de facto custodian as
defined in KRS 403.270, guardian, or legal custodian of the minor. A school official
shall refuse to honor a caregiver's decision if he or she has actual knowledge that a
parent, de facto custodian as defined in KRS 403.270, guardian, or legal custodian
has made a school-related decision superseding the decision of a caregiver.
(4)A person who relies in good faith on a duly executed affidavit as described in KRS
405.024(2) shall be under no obligation to undertake further investigation into the
circumstances forming the basis of the caregiver's authority to make school-related
decisions for the minor to whom the affidavit applies.
(5)A person who relies in good faith on a duly executed affidavit as described in KRS
405.024(2) in honoring a school-related decision of a caregiver shall not be subject
to criminal or civil liability because of that reliance.
(6)An affidavit described in KRS 405.024(2) may be revoked by the minor's parent, de
facto custodian, guardian, legal custodian, or caregiver, and shall be revoked if the
minor to whom it applies ceases to reside with the caregiver. If an affidavit is
revoked, the caregiver shall give written notice of revocation to any school to which
the affidavit was presented for the purposes of enrolling the minor and establishing
the caregiver's authority to make school-related decisions for the minor.
(7)The provisions of this section shall not supersede the provisions of:
(a)The Individuals with Disabilities Education Act, 20 U.S.C. secs. 1400 et seq.,
and its accompanying regulations at 34 C.F.R. pts. 300 et seq.;
(b)Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. secs.
705(20) and 794 to 794b, and its accompanying regulations at 34 C.F.R. pts.
104 et seq.; and
(c)The Family Educational and Privacy Rights Act, 20 U.S.C. sec. 1232g, and its
accompanying regulations at 34 C.F.R. pts. 99 et seq.
(8)A person who knowingly makes a false statement in an affidavit described in KRS
405.024(2) shall be guilty of a Class A misdemeanor as required under KRS
405.024(11).