District Wins Residency Challenge: Caregiver Authorization Ended When Mother Acted as Parent

A parent sought special education services from Fairfield-Suisun Unified School District based on a Caregiver's Authorization Affidavit establishing her daughter's residency there. The district challenged that residency after the mother personally arranged for her daughter to be transported to an out-of-state residential treatment facility in Utah, arguing that doing so constituted 'acting as a parent' and terminated the caregiver arrangement. The ALJ agreed, ruling that Fairfield was no longer the student's district of residence after October 6, 2010.

What Happened

A 16-year-old student with a Specific Learning Disability had been living with a family friend (the caregiver) within Fairfield-Suisun Unified School District since July 2009. Because the student's divorced parents both lived outside the district's boundaries, her enrollment at Armijo High School was made possible through a Caregiver's Authorization Affidavit — a legal document that allows a non-parent adult to enroll a child in school without going through full guardianship proceedings. The arrangement worked for over a year, with the caregiver's mother representing the student at IEP meetings.

The situation changed in fall 2010 when the student's behavioral and substance abuse issues escalated. Her mother — who held sole physical custody — hired an educational consulting firm, completed an enrollment application at a wilderness therapy program in Utah identifying herself as the "primary parent/guardian," arranged and paid for professional transporters to physically take the student from the caregiver's home to Utah, and later contracted for the student's placement at a second residential facility in Utah. Fairfield argued these actions meant the mother had resumed acting as a parent, legally terminating the caregiver residency. The hearing bifurcated the residency question from all other special education issues, and the ALJ ruled in favor of the district.

What the ALJ Found

The ALJ found that a Caregiver's Authorization Affidavit does not grant permanent or unlimited rights to a caregiver — it is a limited, alternative arrangement that ends when a biological parent resumes parental decision-making authority. Key findings include:

Mother's actions constituted "acting as a parent" under the law. Under federal and California special education law, a biological parent who is "attempting to act as a parent" takes priority over other adults who may also qualify as a parent. The federal regulations specifically cite examples such as consenting to evaluations or attending IEP meetings as acts of a parent.
Arranging out-of-state placement exceeded caregiver authority. California Health and Safety Code section 1596.653 requires that transporting a minor out of state to a residential facility using a transport escort service must be authorized by a "parent, custodial parent, or legal guardian" — not a caregiver. Because only the mother had legal authority to consent to this transport, her doing so was unambiguously an act of a parent.
The caregiver residency ended on October 6, 2010. The date the student was physically transported from the caregiver's home to Utah marked the clearest point at which the mother's parental role was undeniable. Fairfield therefore had no obligation as the student's district of residence from October 7, 2010 onward.
Consent of the caregiver to the placement did not preserve the arrangement. The student argued that because the caregiver agreed to the out-of-state placement, the caregiver residency remained intact. The ALJ rejected this, focusing instead on who actually exercised the parental rights — and that was the mother.

What Was Ordered

Fairfield-Suisun Unified School District was found to not be the student's district of residence as of October 7, 2010.
The remaining special education issues in the case (covering 20 issues and sub-issues) were not resolved in this decision — they were preserved for a subsequent hearing.
A telephonic trial setting conference was scheduled for September 7, 2011, to establish dates for the remaining hearing.

Why This Matters for Parents

A Caregiver's Authorization Affidavit is powerful but fragile. If your child is living with a caregiver in another school district, be aware that the caregiver residency can be ended if you resume making major educational or placement decisions yourself. Coordinate carefully with the caregiver about who is formally exercising parental rights.
Placing your child in an out-of-state program is treated as a parental act — no matter who lives where. Courts and hearing officers will look at who is actually making the big decisions. Signing enrollment forms, hiring consultants, and arranging transport all signal that you, as the biological parent, have resumed control — and that has legal consequences for which district is responsible for your child's special education.
Know which district is responsible before filing a due process complaint. If there's any question about where your child legally "resides" for school purposes, that question may need to be resolved first — before any of your substantive special education claims can be heard. A residency dispute can significantly delay getting your child the services they need.
Caregivers have limited rights under California law. A caregiver authorized by affidavit can enroll a child in school and consent to school-related medical care, but they cannot authorize everything a legal guardian or parent can — including transporting a minor out of state for residential placement. Understanding these limits in advance can prevent losing your child's school placement unexpectedly.
Document everything and communicate clearly with all parties. In this case, the mother, caregiver, grandmother, and father were all involved in the placement decision. When multiple adults are involved in a special education student's life, it is critical to be clear — in writing — about who holds parental rights for school purposes, to avoid unintended legal consequences.

What Happened

What the ALJ Found

Mother's actions constituted "acting as a parent" under the law. Under federal and California special education law, a biological parent who is "attempting to act as a parent" takes priority over other adults who may also qualify as a parent. The federal regulations specifically cite examples such as consenting to evaluations or attending IEP meetings as acts of a parent.
Arranging out-of-state placement exceeded caregiver authority. California Health and Safety Code section 1596.653 requires that transporting a minor out of state to a residential facility using a transport escort service must be authorized by a "parent, custodial parent, or legal guardian" — not a caregiver. Because only the mother had legal authority to consent to this transport, her doing so was unambiguously an act of a parent.
The caregiver residency ended on October 6, 2010. The date the student was physically transported from the caregiver's home to Utah marked the clearest point at which the mother's parental role was undeniable. Fairfield therefore had no obligation as the student's district of residence from October 7, 2010 onward.
Consent of the caregiver to the placement did not preserve the arrangement. The student argued that because the caregiver agreed to the out-of-state placement, the caregiver residency remained intact. The ALJ rejected this, focusing instead on who actually exercised the parental rights — and that was the mother.

What Was Ordered

Fairfield-Suisun Unified School District was found to not be the student's district of residence as of October 7, 2010.
The remaining special education issues in the case (covering 20 issues and sub-issues) were not resolved in this decision — they were preserved for a subsequent hearing.
A telephonic trial setting conference was scheduled for September 7, 2011, to establish dates for the remaining hearing.

Why This Matters for Parents

A Caregiver's Authorization Affidavit is powerful but fragile. If your child is living with a caregiver in another school district, be aware that the caregiver residency can be ended if you resume making major educational or placement decisions yourself. Coordinate carefully with the caregiver about who is formally exercising parental rights.
Placing your child in an out-of-state program is treated as a parental act — no matter who lives where. Courts and hearing officers will look at who is actually making the big decisions. Signing enrollment forms, hiring consultants, and arranging transport all signal that you, as the biological parent, have resumed control — and that has legal consequences for which district is responsible for your child's special education.
Know which district is responsible before filing a due process complaint. If there's any question about where your child legally "resides" for school purposes, that question may need to be resolved first — before any of your substantive special education claims can be heard. A residency dispute can significantly delay getting your child the services they need.
Caregivers have limited rights under California law. A caregiver authorized by affidavit can enroll a child in school and consent to school-related medical care, but they cannot authorize everything a legal guardian or parent can — including transporting a minor out of state for residential placement. Understanding these limits in advance can prevent losing your child's school placement unexpectedly.
Document everything and communicate clearly with all parties. In this case, the mother, caregiver, grandmother, and father were all involved in the placement decision. When multiple adults are involved in a special education student's life, it is critical to be clear — in writing — about who holds parental rights for school purposes, to avoid unintended legal consequences.