Special Education

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).