Kentucky Caregiver Affidavit and Special Education: IEP, 504, and FERPA Rights

The child in your care needs extra help at school — maybe a learning disability evaluation, an IEP, or a 504 plan for accommodations. As a relative caregiver with a notarized affidavit, you have authority to make school-related decisions under Kentucky law. But special education introduces a layer of federal law that changes the rules.

State Law Says Yes — With a Federal Asterisk

KRS 158.144(2)(a) authorizes a caregiver with a valid affidavit to make school-related decisions, including special education decisions. The statute also says it does not supersede IDEA, Section 504, or FERPA, so the affidavit does not by itself settle who qualifies as the child's parent under federal rules.

The federal definition is more specific. Under 34 C.F.R. § 300.30, "parent" can include a biological or adoptive parent, an authorized guardian, a person acting in place of a parent with whom the child lives, or an appointed surrogate parent. When more than one person qualifies and a biological or adoptive parent attempts to act, that parent is presumed to be the IDEA parent unless they lack legal authority to make educational decisions; a court order identifying who may act controls.

A relative caregiver who lives with the child may qualify as a person acting in place of a parent, but the state affidavit alone does not override IDEA's federal rule. If a parent with legal authority attempts to act, the school must apply the federal parent rules rather than treating the affidavit as controlling.

Admissions and Release Committee (ARC) Meetings

In Kentucky, the committee that develops a child's IEP is called the Admissions and Release Committee, or ARC. If you qualify as the student's IDEA parent, you may:

• Request an initial evaluation for special education eligibility
• Participate in all ARC meetings
• Review evaluation results and assessment reports
• Consent to the proposed IEP
• Approve changes to placement or services

Bring your notarized affidavit to the first ARC meeting so the school has it on file. The school's Director of Special Education (DOSE) can confirm your standing if questions come up.

Section 504 Plans

For a child who needs accommodations but doesn't qualify for a full IEP — maybe they have ADHD, a chronic health condition, or a physical disability — a Section 504 plan may be the answer. The affidavit provides state school-related authority, but KRS 158.144 does not supersede Section 504. Ask the school what it needs to recognize you for evaluation and plan decisions.

One important distinction: listing yourself as an "emergency contact" on school registration forms gives you pickup rights during emergencies, but it does not give you any authority to sign 504 plans, approve IEPs, or consent to evaluations. The affidavit does.

FERPA and School Records

The Family Educational Rights and Privacy Act (FERPA) governs who can access a student's educational records. KRS 158.144(7) says the state affidavit does not override FERPA. The affidavit alone does not guarantee record access; ask the school's FERPA officer whether you qualify as a person acting as a parent under FERPA.

If a school refuses to share records with you, ask the FERPA officer to review your authority and explain what documentation the school needs.

When a Surrogate Parent Gets Appointed

If no parent can be identified or located after reasonable efforts, and no court-appointed guardian or other qualifying adult can act, the school district must ensure that a trained Surrogate Parent is assigned to represent the child in special education matters.

If you're a caregiver with an affidavit and the child lives in your home, ask the Director of Special Education whether you qualify to act under IDEA or whether the district needs to appoint a surrogate parent.

For a detailed map of how the caregiver affidavit interacts with IDEA, 504, and FERPA in Kentucky, our Kentucky school and medical consent guide breaks down the federal-state overlap.

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