Under O.C.G.A. 20-2-690.1, a person who is caring for a child in their home is required to enroll that child in school. Under Georgia State Department of Education Rule 160-5-1-.28(b), any person who is caring for a child in their home is allowed to enroll the child in school, even if the caregiver does not have any formal custody or guardianship order.
The school district may require the caregiver to complete a Non-Parental Affidavit, but the school district cannot require custody or guardianship papers.
Additionally, the school district may ask a caregiver to sign a Kinship Caregiver Affidavit. The Kinship Care Affidavit is not required to enroll a child in school, but it will allow a caregiver to consent to services which usually require parental consent. Those services are:
- Educational services;
- Medical services directly related to academic enrollment; and
- Curricular or extracurricular activities.
If the school district has any questions about the child’s eligibility to enroll, the school district is required to provisionally enroll the child for 30 days, pursuant to Rule 160-5-1-.28(c), to allow the caregiver time to resolve the problem without having the child miss school.