Kentucky Statutes 158.144 – Adult caregiver with whom minor student resides may, by affidavit, establish authority to make school-related decisions for minor student — Conditions — Caretaker’s decision may be superseded — Obligations and liabilit…
Current as of: 2024 | Check for updates
|
Other versions
(1) As used in this section, “caregiver” has the same meaning as provided in KRS
405.024(1).
For details, see § 532.090
(2) (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405.024(2) shall be superseded by a decision of a parent, de facto custodian as defined in KRS § 403.270, guardian, or legal custodian of the minor.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. § 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).
Effective: July 15, 2014
History: Created 2014 Ky. Acts ch. 69, sec. 3, effective July 15, 2014.
405.024(1).
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 12 months | up to $500 |
Terms Used In Kentucky Statutes 158.144
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
(2) (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. § 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).
Effective: July 15, 2014
History: Created 2014 Ky. Acts ch. 69, sec. 3, effective July 15, 2014.