School Permissions for Delaware Caregivers: Truancy, Discipline, Field Trips, and Health Services

What the School Affidavit Actually Covers

Getting a child enrolled is the first hurdle. But once the child is in school, the permission slips, phone calls, and decisions keep coming. If you're a relative caregiver with a DSAAPD School Authorization Affidavit under 14 Del. C. § 202(f), you have broader authority than many caregivers realize — and a few limits worth understanding upfront.

The affidavit grants you the right to act in place of a parent for educational decisions while it's valid. That includes enrollment, access to educational records under FERPA, participation in IEP and 504 meetings, and serving as the school's truancy and discipline contact. But some school activities fall into gray areas that the statute doesn't address word by word.

Truancy and Attendance

Once your affidavit is on file, you're the school's contact for attendance issues. If the child misses too many days, the district's truancy officer will contact you — not the biological parent (unless the parent is also actively involved and the school has separate contact information).

This means you're responsible for providing excused-absence notes, attending truancy conferences, and addressing any attendance plans. For truancy proceedings, Delaware law includes a caregiver acting under 14 Del. C. § 202(f) who enrolled the student in the definition of "parent." A school can file a written complaint against a parent or a student, depending on the circumstances.

Make sure the school's records list your phone number and address as the primary contact. Some districts default to the biological parent's information from prior enrollments. Ask the registrar to update the contact records when you submit the affidavit.

Discipline and Suspension Hearings

The school affidavit makes you the discipline contact. When a child faces detention, in-school suspension, or an out-of-school suspension, the school notifies you and you participate in any disciplinary hearing or conference.

For serious disciplinary matters — expulsion hearings, alternative placement recommendations — you represent the child at the school board level. One important limit: a child who is subject to expulsion or a suspension for conduct that could lead to expulsion is not eligible for the affidavit in the first place, according to the statute. This applies at the time of initial enrollment, not after the child is already enrolled under a valid affidavit.

Field Trips and Extracurricular Activities

Here's where things get practical. Field trip permission forms, after-school club signups, and sports registrations all need a parent or guardian signature. With the school affidavit on file, you have the authority to sign these forms as the educational decision-maker.

For athletics, though, there's a specific restriction. The statute says the caregiver-residence arrangement cannot be for the purpose of the child participating in athletics at a particular school. DIAA (Delaware Interscholastic Athletic Association) eligibility rules apply separately. The statute does not limit this restriction to varsity or interscholastic sports.

Signing a field trip slip, a band permission form, or an after-school program enrollment is squarely within your authority.

School-Based Health Centers

Many Delaware schools operate School-Based Health Centers (SBHCs) that provide basic medical services on campus — things like wellness checks, immunization follow-ups, and minor illness treatment. To receive SBHC services, a minor must be enrolled by a parent or guardian, or by a relative caregiver acting under the medical authorization affidavit in 13 Del. C. § 708. The SBHC regulation does not list the school authorization affidavit under 14 Del. C. § 202(f) as the basis for SBHC enrollment.

The school affidavit grants authority for "school-administered health care," which covers routine health services delivered as part of the school program (medication administration, health screenings). Each SBHC must receive written parental permission before providing medical, mental, or nutritional services. Ask the center for its enrollment and consent paperwork.

If you also have the DSAAPD Medical Authorization Affidavit under 13 Del. C. § 708, your medical consent authority is broader and covers outpatient care, immunizations, and dental visits at any provider — not just school-based ones.

What You Can't Do With the School Affidavit Alone

The affidavit does not give you legal custody. It doesn't authorize you to sign passport applications, sponsor a teen's driver's license at the DMV, or make decisions that override a biological parent who shows up and asserts their rights. For school decisions, the statute authorizes the approved caregiver to act in place of the parent while the authorization is valid. The caregiver, parent, custodian, or guardian may cancel it at any time by written revocation, and it may also be canceled if the child stops living with the caregiver.

For the full picture of what the school and medical affidavits cover — including evidence checklists, notary preparation, and escalation steps when staff are unfamiliar with the law — our School and Medical Consent Guide for Delaware Relatives lays it out in one organized workflow.

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