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Education Authorizations
              
California Family Code § 6550 Kinship caregivers may obtain an affidavit which authorizes the caregiver to enroll a minor relative residing with the caregiver in school and consent to medical care related to schooling.
California Family Code § 6552 Details the requirements of the caregiver affidavit form.
Connecticut Statutes Chapter 172 § 10-253(d)  Minors residing with kinship caregivers are entitled to attend public school in the district where the caregiver resides if it is the intention of the parent and a caregiver that a minor reside with the caregiver and the caregiver is not paid for the care.  The schools may request supporting documentation including affidavits.  
Delaware Code 14 § 202 Minors residing with kinship caregivers are entitled to attend public school in the district where the caregiver resides if the five statutory conditions are met.  The caregiver must file a Caregivers School Authorization with the school district, but the signature of the parent is not required if despite the caregivers reasonable attempt it cannot be obtained.
Hawaii Statutes § 302A-0482 Kinship caregivers may obtain an affidavit which authorizes the caregiver to enroll a minor relative residing with the caregiver in school and school activities.
Indiana Statutes § 20-26-11-2 Minors residing with kinship caregivers are entitled to attend public school in the district where the caregiver resides provided that the student hasn't moved in with the caregiver for the purpose of enrolling in school.
Louisiana Statutes § 9:975 Kinship caregivers may obtain an affidavit which authorizes the caregiver to give legal consent for a minor relative residing with the caregiver for educational services, including enrolling the minor in school.
Maryland Code, Education  § 7-101 Kinship caregivers may obtain an affidavit which authorizes the caregiver to enroll a minor relative residing with them in public school and make educational decisions on behalf of the minor.
Michigan Statutes § 380.1148 If a minor's parent does not contribute to their support then the minor can attend school in any district where they have a home.  The statute does not provide express authority for a kinship caregiver to enroll the student in school.
Missouri Statutes § 167.151 If a minor's parent does not contribute to their support then the minor can attend school in any district where they have a home.  The statute does not provide express authority for a kinship caregiver to enroll the student in school.
Montana Statutes § 20-5-503 Kinship Caregivers may obtain the authority to discuss educational progress of a minor relative and make education related decisions for that minor by executing a caretaker relative educational authorization affidavit.
New Jersey Statutes § 18A:38-1 Kinship Caregivers may file a sworn statement with the local school board affirming that he or she is a resident of the district and that he or she is supporting a minor relative.  The parent of the minor relative is supposed to file a statement as well.
New Mexico Statutes § 40-10B-15 Kinship caregivers may obtain an affidavit which authorizes the caregiver to enroll a minor relative residing with the caregiver in school and school activities.
North Carolina § 115C-366 Similar to Delaware, minors residing with kinship caregivers are entitled to attend public school in the district where the caregiver resides if the five statutory conditions are met.  Both the caregiver and the parent are supposed to submit affidavits to attest to the fact the minor is residing with the caregiver, but the caregiver may act alone in certain circumstances.
Ohio Revised Code § 3109.65 A grandparent may execute a Caretaker Authorization Affidavit which provides authority to make educational and medical decisions if he or she has been unable to contact the grandchild's parent(s).  Section 3109.69 states the decisions made by the grandparent do not supercede any decision made by parent with legal custody.
Oklahoma Statutes Title 70 § 1-113 School districts may establish a policy for accepting an affidavit from a kinship caregiver or other adult caregiver that attests the minor relative resides with the caregiver as evidence of residency in the district.
Rhode Island General Laws § 16-64-1 A minor's city of residence may be the city where the minor lives with an adult acting in loco parentis.
South Carolina Statutes § 59-63-32 A minor is entitled to attend public school in the district where he or she resides with a kinship (or other adult) caregiver if the caregiver executes an affidavit.
South Dakota § 13-28-10 When a minor resides with a kinship caregiver or other adult the school board may choose to accept the residence of the caregiver as the residence of the child.
Texas Education Code § 25.001(b)(9) The board of trustees may admit a student whose resides in the district with an adult other than their parent or legal guardian provided that the student's residence was not established for the purpose of gaining admission to school.
Utah Statutes § 53A-2-202 A minor may be considered to be a resident of the school district if he or she resides with a caregiver who lives in the district and the board of education determines that the child's physical, mental, moral, or emotional health would best be served by considering the child to be a resident for school purposes.
Virgina Statutes § 22.1-3 A minor may be considered to be a resident of a school district if he or she resides with a person other than their parent who hascontrol or charge of the minor for any purpose other than obtaining enrollment in school.  See also § 22.1-1.
Wyoming Statues § 3-2-302 A caregiver may petition the court to be appointed a temporary guardian of a minor for educational purposes.




Medical Authorizations
 
California Family Code § 6550 Kinship caregivers may obtain an affidavit which authorizes the caregiver to enroll a minor relative residing with the caregiver in school and consent to medical care related to schooling.
Delaware Code 13 § 707 A kinship caregiver may execute an affidavit to obtain authority to make medical decisions for a minor relative.
Louisiana Statutes § 9:975 Kinship caregivers may obtain an affidavit which authorizes the caregiver to give legal consent for a minor relative residing with the caregiver for regular medical services.
Maryland Code, Health – Gen. § 20-105 A kinship caregiver may consent to health care on behalf of a minor relative by filing a sworn affidavit to the Department of Human Resources, provided that the court has not appointed a guardian.
Montana Code § 40-6-502 A kinship caretaker who was voluntarily  given custody of the minor relative by a parent of the minor has the same authority as a custodial parent of the minor to consent to medical care for the child for which parental consent is usually required if the conditions of the statute are met.
New Mexico Statutes § 40-10B-15 Kinship caregivers may obtain an affidavit which authorizes the caregiver to make education related medical decisions for a minor relative residing with the caregiver.
Ohio Revised Code § 3109.65 A grandparent may execute a Caretaker Authorization Affidavit which provides authority to make educational and medical decisions if he or she has been unable to contact the grandchild's parent(s).  Section 3109.69 states the decisions made by the grandparent do not supercede any decision made by parent with legal custody.
Oklahoma Statutes title 10 § 21.6 Under this Title relatives within the third degree of kinship (i.e. a great-aunt or cousin once-removed) has assume custodyof a minor relative under the conditions set out in § 21.4  have the authority to authorize health and dental services on behalf of the minor relative.



Federal Laws
 

HIPAA (Health Insurance Portability and Accountability Act)

U.S. Department of Human Services: HIPAA

Links to HIPAA documents

FERPA (Family Educational Rights and Privacy Act)

Summary of FERPA from the National Center for Education Statistics

Code of Federal Regulations explanations regarding FERPA

U.S. Department of Education: Legislative HIstory for FERPA





 

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