2014 Kentucky Revised Statutes CHAPTER 158 - CONDUCT OF SCHOOLS -- SPECIAL PROGRAMS 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establish authority to make school-related decisions for minor student -- Conditions -- Caretaker's decision may be superseded -- Obligations and liability of person relying on affidavit of authority -- Revocation of affidavit -- Statute subordinate to federal law -- Penalty.
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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establish authority to make school-related decisions for minor student -Conditions -- Caretaker's decision may be superseded -- Obligations and
liability of person relying on affidavit of authority -- Revocation of
affidavit -- Statute subordinate to federal law -- Penalty.
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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.
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KRS 405.024(2) shall be superseded by a decision of a parent, de facto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.
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.
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.
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
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decisions for the minor.
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.
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.
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