It is the responsibility of the parents/guardians to determine the correct person to complete the application and manage the ESA funds. The first parent/guardian to apply who meets the eligibility requirements will be the parent/guardian under which the ESA is established. For an application to be contested, court documents supporting the contesting person’s position as the parent/guardian that has education-making authority are required for consideration.
Note: The percent of custody or parenting time does not determine the parent/guardian who has the authority for educational decisions.