Embedded Files
Special education is specially designed instruction and related services to meet the unique educational needs of children with disabilities. Special education includes instruction conducted in the classroom, in the home, in hospitals and institutions, and other settings, and instruction in physical education. California special education statutes, including the Education Code, Government Code, and Welfare and Institutions Code are aligned with the IDEA. Children in foster care have the same rights as all other students with regard to special education. Individuals with exceptional needs have a right to a free appropriate public education (FAPE) in the least restrictive environment (LRE). See EC 56031.
A foster child, as defined by EC § 48853.5(a), is afforded rights to ensure they have access to the same academic resources, services, and extracurricular and enrichment activities that are available to all students. All educational and school placement decisions are made by the Educational Rights Holder in consultation with other parties and must be based on the child’s best interests and consider, among other factors, educational stability and the least restrictive educational setting necessary to achieve academic progress. See EC 48850(a)(1), 48853(h); WIC 361(a)(5), 726(c)(2).
Documents
Nonpublic School Guidance on School of Origin (August 2025)
Legal Guidance from SELPA Regarding Foster Students and Responsibility for FAPEIEP Checklist for FYSCPs (August 2025)
This checklist content was developed by San Benito COE and reformatted as a statewide resource.Web Links
A brief summary of Procedural Safeguards for students with disabilities receiving special education services.CDE: California Special Education Local Plan Areas (SELPA)
DGS: Special Education Abbreviations and Acronyms
Disability Rights California: Special Education Timelines
Can an LEA appoint an educational representative designee when the parent retains educational rights and can sign an IEP?
Can an LEA appoint an educational representative designee when the parent retains educational rights and can sign an IEP?
No. The only authority for limiting a parent’s educational rights and assigning those rights to another individual is the Juvenile Court judge and the only instance when an LEA can appoint a surrogate parent is if the foster student’s parents have had their educational rights limited and the student has been identified for special educational and related services. If the foster student has a parent who retains educational rights, the LEA would not be permitted to appoint a surrogate parent or other designee to represent the educational rights of the child.
Approved March 2020
Can an LEA release any educational records to the social worker or probation officer of a student in foster care without a signed release from the ERH? Does this include IEPs?
Can an LEA release any educational records to the social worker or probation officer of a student in foster care without a signed release from the ERH? Does this include IEPs?
On January 14, 2013, President Obama signed into law the Uninterrupted Scholars Act (USA), Public Law 112-278, which amended the Family Educational Rights and Privacy Act (FERPA). 20 U.S.C. § 1232g. These amendments permit educational agencies and institutions to disclose personally identifiable information (PII) from the education records of students in foster care placement, without parental consent, to an agency caseworker or other representative of a State or local child welfare agency (CWA) or tribal organization authorized to access a student’s case plan “when such agency or organization is legally responsible, in accordance with State or tribal law, for the care and protection of the student.” See 20 U.S.C. § 1232g(b)(1)(L). The USA also amended FERPA to allow educational agencies and institutions to disclose a student’s education records pursuant to a judicial order issued in specified types of judicial proceedings in which the parent is already a party, without requiring additional notice to the parent by the educational agency or institution. In response, EC § 49076 was amended to reflect this federal change. Please see the link below.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=49076
Approved March 2020
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