Current through 2021-2022, ch. 1146
Section 34-6-304 - Authority of caregiver - Enrollment in local education agency - Restitution to school district for fraudulent enrollment(a)(1) Through the power of attorney for care of a minor child, the parent may authorize the caregiver to perform the following functions without limitation:(A) Enroll the child in school and extracurricular activities;(B) Obtain medical, dental and mental health treatment for the child; and(C) Provide for the child's food, lodging, housing, recreation and travel.(2) Nothing contained in this section shall be construed to limit the power of the parent to grant additional powers to the caregiver.(b) The caregiver shall have the right to enroll the minor child in the local education agency serving the area where the caregiver resides. The local education agency shall allow a caregiver with a properly executed power of attorney for care of a minor child to enroll the minor child but, prior to enrollment, may require documentation of the minor child's residence with a caregiver or documentation or other verification of the validity of the stated hardship. Except where limited by federal law, the caregiver shall be assigned the rights, duties and responsibilities that would otherwise be assigned to the parent, legal guardian or legal custodian pursuant to title 49.(c) Further, any adult accepting the power of attorney, as well as the parent, guardian, or other legal custodian, who enrolls a student in a school system while fraudulently representing the child's current residence or the parent's hardship or circumstances for issuing the power of attorney, is liable for restitution to the school district for an amount equal to the per pupil expenditure for the district in which the student is fraudulently enrolled. Restitution shall be cumulative for each year the child has been fraudulently enrolled in the system. Such restitution shall be payable to the school district and, when litigation is necessary to recover the restitution, the adult accepting the power of attorney, parent, guardian or other legal custodian shall be liable for the costs and fees, including attorney's fees, of the school district. Such an action for restitution shall be brought by or on behalf of the district in the circuit or chancery court in which the district is located within one (1) year of the date the fraudulent misrepresentation was discovered.