Texas School Enrollment Affidavit for Nonparent Caregivers: Residency Affidavits Explained

What a School Enrollment Affidavit Does

When a grandparent or relative enrolls a child in a Texas public school, many districts ask for a residency affidavit — a sworn statement that the child physically lives at the caregiver's address within the district boundaries.

This affidavit documents the child's residence for admission under Texas Education Code § 25.001(b)(4), which covers students who establish a separate residence from a parent. It is not a custody document. It is not a guardianship form. It simply records where the child lives.

Some districts have their own printed affidavit forms. Houston ISD uses a "Grandparent / Nonparent Caregiver Residency Affidavit." Others use a generic sworn statement. If the district does not have a specific form, ask the enrollment office what proof of residency it accepts.

Affidavit vs. Chapter 34 Authorization Agreement

These are different documents serving different purposes:

A residency affidavit can document school residence, but it does not itself delegate authority to make medical decisions, sign for immunizations or apply for benefits. A relative who lives with and acts in place of the parent may qualify as the IDEA parent under federal rules; a Chapter 34 agreement is a separate way for a parent to delegate the authority it covers.

If a parent is available and willing to sign, executing a Chapter 34 agreement is a way to document delegated authority beyond school enrollment. A residency affidavit may document the child's district residence whether or not a parent can sign.

What the Affidavit Typically Includes

• Your name, address and relationship to the child
• The child's full legal name, date of birth and grade
• A sworn statement that the child resides at your address
• The reason the child lives with you (parental hardship, family arrangement, etc.)
• Supporting residency proof — utility bill, lease or mortgage statement

Districts may also ask for the child's prior school information so they can request transfer records. Under TEC § 25.002(a-1) and TEA SAAH § 3.3.2, the enrolling district must request the records when the student seeks or intends to enroll; the prior district has 10 working days after receiving the request to furnish them.

What If the School Rejects the Affidavit?

Some registrars push back on affidavits, especially if they believe a court order is required. The statute does not support that position. Escalation steps:

1. Ask the registrar for the specific district policy requiring a court order and request it in writing
2. Cite TEC § 25.001(b)(4) — the child's right to attend is based on residence, not custody
3. Escalate to the campus principal, then the district Student Services office
4. Contact the district's Homeless Liaison if the child is sharing housing because of loss of housing, economic hardship or a similar reason and lacks a fixed, regular and adequate nighttime residence. Eligible students must be enrolled even without standard documents.
5. For TEA review, submit the General Education Complaint Form; TEA recommends starting with the district's local grievance process.

Texas does not have a statewide "relative caregiver affidavit" with independent legal force (proposals like HB 3488 were never enacted). The affidavit's power comes from TEC § 25.001 residency rights, not from the affidavit form itself. A caregiver cannot unilaterally grant themselves authority over a child with a self-signed affidavit — that requires either parental delegation under Chapter 34 or a court order under Chapter 35.

The Texas School and Medical Consent Guide includes the school enrollment document checklist, the Chapter 34 execution steps for full authority, and the escalation letter for registrars who demand documents the law does not require.

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