Delaware Caregiver School Authorization Affidavit

What the Delaware School Authorization Affidavit Is

If you're a grandparent, aunt, uncle, or other relative raising a child in Delaware, you don't need a court order to get them into school. Delaware law under 14 Del. C. § 202(f) created a specific document — the Relative Caregivers' School Authorization Affidavit — that lets qualifying relatives enroll a child in their local public school district and make educational decisions on the child's behalf.

The form is developed and maintained by the Division of Services for Aging and Adults with Physical Disabilities (DSAAPD), which operates under the Delaware Department of Health and Social Services (DHSS). It's the only form Delaware school districts are required to accept for this purpose. Generic power-of-attorney templates downloaded from legal websites won't satisfy the statutory requirements.

Who Can Use It

You must be 18 or older and related to the child by blood, marriage, or adoption. Delaware law specifically lists grandparents, step-grandparents, great-grandparents, aunts, uncles (including step and great), stepparents, siblings (including half and step), nieces, nephews, and first cousins or first cousins once removed.

Family friends, godparents, and unrelated caregivers cannot use this affidavit. Ask the district whether it will approve another suitable document showing the child's district residence; Family Court guardianship is a separate route to court-backed authority.

The statute also bars using the affidavit to attend a particular school, circumvent school choice, participate in athletics, or obtain special services at a particular school. A child subject to expulsion or a suspension for conduct that could lead to expulsion is not eligible.

What Authority It Gives You

Once submitted to and approved by the school district, the affidavit authorizes you to:

• Enroll the child in the public school district where you live
• Access educational records under FERPA, including report cards and online portals
• Attend and participate in IEP meetings for special education decisions
• Serve as the truancy and discipline contact
• Consent to school-administered health services, including medication administration; minor enrollment in a school-based health center follows separate requirements

It does not give you legal custody. While the authorization is valid, the caregiver acts in place of the parent for education decisions. A caregiver, parent, legal custodian, or guardian can cancel it at any time by written revocation. The affidavit does not itself grant passport authority or automatically qualify you as a DMV sponsor.

Where to Get the Form

The official form is available as a free PDF download from the DHSS/DSAAPD website at dhss.delaware.gov. It comes in both English and Spanish. You can also pick up printed copies at your local school district's central registration office or at Delaware state service centers.

Don't pay a document preparation site for this form — it's free from the state.

What You Need to File It

The affidavit requires two different documents: one proving your relationship to the child (Column A) and one proving caregiving (Column B). The child must live with you, and you must be a Delaware resident in the enrolling school district. For standard enrollment, Delaware's Department of Education lists proof of age and immunization records; a birth certificate is one accepted proof of age, but not the only one.

The form must be notarized. Free notary services are often available at school district central offices, public libraries, and banks.

How Long It Lasts

The validity depends on when you file. If you file before January 1 of a given year, the affidavit covers the rest of that school year plus one more, expiring August 1 unless the district extends it. If you file on or after January 1, it covers the rest of that school year plus two additional school years, also expiring August 1 unless extended. Either way, it ends if the child stops living with you.

Getting Started

The affidavit is straightforward once you understand the evidence requirements and notary logistics. Our School and Medical Consent Guide for Delaware Relatives walks through both the school and medical affidavits side by side, with evidence checklists and step-by-step preparation instructions.

See more Delaware guides →