Interagency related services for special education are sometimes referred to as Assembly Bill (AB) 3632 services or Government Code Chapter 26.5 services. The most common name for these services, AB 3632, is the name that will be used in this chapter to refer to any of the interagency-related services. In 1986, the California Legislature decided to use state and county agencies — other than the school district — to provide certain related services to maximize and better coordinate public resources to support students with disabilities. 

The primary interagency related services are physical and occupational therapy (PT/OT), which are offered by California Children’s Services (CCS).

The laws are contained in California Government Code (Cal. Gov. Code) Sections (Secs.) 7570 - 7587, and in Title 2 of the California Code of Regulations (C.C.R.) Sections 60000-60610. In addition, school districts are required to develop interagency agreements with local CCS agencies. These agreements must contain the details necessary to facilitate the provision of services. Parents/Guardians/Other Education Rights Holders and advocates having difficulty accessing services should get a copy of the interagency agreement. Interagency agreements cannot be inconsistent with state or federal law — nor provide any less in the way of services. 

If, after a district has evaluated a student, an IEP team suspects they may need occupational or physical therapy for both medical and educational reasons, the team will likely refer them to CCS for an OT or PT assessment.[[Cal. Gov. Code Secs. 7572(a) & 7575(a)(1).]] Only students who are found to need one of these therapies for medical reasons will receive the services from CCS. If the IEP team does not think there is a medical need for therapy or if CCS does not believe the student needs therapy for medical reasons, the student will receive therapy from the district if it is educationally necessary. Both CCS and the school district must conduct appropriate assessments prior to recommending or rejecting OT/PT services.[[Cal. Gov. Code Sec. 7575(a)(2).]]

Medical necessity means that the therapy is needed to achieve or prevent further loss of functional skills or reduce the incidence and severity of physical disability.[[2 C.C.R. Sec. 60300(n).]] In addition to having a medical need for therapy, your child must also meet CCS medical condition eligibility requirements. The most common conditions for special education students are: cerebral palsy, neuromuscular diseases that produce muscle weakness and atrophy, such as poliomyelitis, myasthenias, and muscular dystrophy, and chronic musculoskeletal diseases, deformities or injuries, such as osteogenesis imperfecta, arthrogryposis, rheumatoid arthritis, amputation, and contractures resulting from burns.[[2 C.C.R. Sec. 60300(j).]] Other conditions eligible for OT or PT treatment by CCS are listed in the regulations.[[22 C.C.R. Secs. 41515.1 and following.]]

The CCS assessment focus will be on addressing functional life skill deficits or physical limitations, not necessarily on academic or other educational tasks. For some special education students these skills and tasks may often overlap. It is important to first assess and then, discuss these overlapping skills in an IEP meeting so appropriate annual goals and objectives/benchmarks can be developed by the IEP team including CCS. OT or PT services are educationally necessary even if they are not medically necessary. Federal and state special education laws have broader eligibility criteria for OT/PT than CCS. Under the so-called “educational necessity” standard, OT/PT shall be provided when required to help a student “benefit from special education.”[[34 C.F.R. Sec. 300.34(a).]] Physical therapy is simply defined by federal law as services provided by a qualified physical therapist.[[34 C.F.R. Sec. 300.34(c)(9).]] Occupational therapy is defined by federal law as services provided by a qualified occupational therapist and includes improving, developing or restoring functions impaired or lost through illness, injury, or deprivation; improving ability to perform tasks for independent functioning if functions are impaired or lost; and preventing, through early intervention, initial or further impairment or loss of function.[[34 C.F.R. Sec. 300.34(c)(6).]]

CCS services include: 

1. Treatment: individual or group occupational or physical therapy;   
2. Consultation: occupational or physical therapist provides information and instruction to parents/guardians/other education rights holders, caregivers, school staff, or other medical service providers regarding therapy activities; and  
3. Monitoring: regular re-evaluation of the student’s physical status and review of the therapy activities provided by parents/guardians/other education rights holders and school staff, and updating of the therapy plan.[[2 C.C.R. Sec. 60300(k).]]

After a referral is made to CCS by an IEP team, CCS must determine if the student is eligible for CCS services for medical reasons and, if eligible, CCS must follow special education assessment procedures and timelines. If CCS finds your child is ineligible, the CCS evaluation process stops. However, the school district is then required to assess your child to determine if services are needed for educational purposes.

If the therapy assessment determines your child needs CCS program services, CCS prepares a report and a therapy plan for discussion at an IEP team meeting.

The report and plan must include the following information:

Statement of your child’s present level of functional performance;

The proposed functional goals to achieve a measurable change in function or recommendations for services to prevent loss of present function and documentation of progress to date;

Specific related services required by your child, including the type of therapy, intervention, treatment, consultation, and monitoring;

Proposed initiation, frequency, and duration of the services; and,

Proposed date of medical evaluation.[[2 C.C.R. Sec. 60325(a).]]

The district then convenes an IEP meeting. If the parent/guardian/other education rights holderagrees with the CCS report and therapy plan, the CCS recommended services will be included in an IEP. In addition, the team will write IEP goals related to the activities identified in the report.[[2 C.C.R. Sec. 60325.]] The service initiation date, frequency, location, and duration must also be written into the IEP.[[20 U.S.C. Sec. 1414(d)(1)(A)(i)(VII); 34 C.F.R. Sec. 300.320(a)(7); Cal. Ed. Code 56345(a)(7).]] If CCS determines that your child does not need OT or PT for medical reasons, it must provide you and the district a copy of the assessment report which explains the reasons for that determination.[[2 C.C.R. Sec. 60320(i).]]  In addition, CCS must give you and the school district five days written notice of any decision to increase, decrease, stop, or change the services and an IEP meeting must then be held.[[2 C.C.R. Sec. 60325(c).]]

Yes. If you obtain a private physician’s referral of a child for a therapy assessment, the referral must contain the following information:  

1. The diagnosed neuromuscular, musculoskeletal, or physically disabling condition;  
2. The referring physician’s treatment goals and objectives;  
3. The basis for determining those goals and objectives, including how they will improve or ameliorate the student’s condition;  
4. The relationship between the student’s medical condition to their need for special education and related services; and  
5. Any relevant medical records.[[Cal. Gov. Code Sec. 7575(b).]]

Non-educational agencies must follow the same federal and state special education laws, procedures and timelines and assessment timelines as school districts. California Education Code Section 56327 sets out requirements for special education assessment reports. It requires that the assessment report shall include, but it is not limited to, all of the following: 

1. Whether the student may need special education and related services;  
2. The basis for making the determination;  
3. The relevant behavior noted during the observation of the student in an appropriate setting;  
4. The relationship of that behavior to the student’s academic and social functioning;  
5. The educationally relevant health and development and medical findings, if any;  
6. For students with learning disabilities, whether there is such a discrepancy between achievement and ability that cannot be corrected without special education and related services;  
7. A determination concerning the effects of environmental, cultural, or economic disadvantage, where appropriate; and  
8. The need for specialized services, materials, and equipment for students with low incidence disabilities.  

Not all of these factors will be appropriate to include in AB 3632 assessments for related services and reports prepared by CCS.  The CCS report must be based on the student’s individual needs.

CCS must review and discuss assessment results with the parent/guardian/other education rights holder and appropriate members of the IEP team before the IEP meeting. If there is disagreement between the parent/guardian/other education rights holder and CCS about that recommendation, the parent/guardian/other education rights holder shall be notified in writing and can require that the person who conducted the evaluation attend the IEP meeting.[[Cal. Gov. Code Sec.7572(c)(1).]] Similarly, if a parent/guardian/other education rights holder obtains an independent evaluation, that evaluation must be considered by the person conducting the CCS evaluation. The person who reviewed the independent assessment can also be required to attend the IEP meeting if requested by the parent/guardian/other education rights holder.[[Cal. Gov. Code Sec. 7572(c)(2).]]

No. Your written consent is required before your child’s services can be changed or stopped.  An IEP meeting must be held in order to change or stop services contained in a signed IEP.[[Cal. Ed. Code Sec. 56343(b).]]

In addition, you must receive notice of any proposed changes to OT/PT services from CCS and, if relevant, the school district. Under federal law, CCS must give you and the school district five days written notice of any decision to increase, decrease, stop, or change the services and an IEP meeting must then be held.[[2 C.C.R. Sec. 60325(c).]]  

If the IEP team agrees with CCS’s proposal to increase, decrease, stop or change OT/PT services, the school district is also required to provide you with reasonable notice before it proposes to initiate or change the identification, evaluation, or educational placement of your child, or the provision of a free appropriate public education (including related services). [34 C.F.R. Sec. 300.2.] The “prior written notice” from the school district must:  

1. Describe the action the agency proposes to take and why it is taking that action;  
2. Describe what alternatives were considered and why they were rejected;  
3. Provide a description of each evaluation, procedure, test, record or report on which the proposed action is based;  
4. Provide a description of your right to challenge the proposed action which may include reduction or termination of a service; and  
5. Sources to contact to obtain assistance in understanding your rights[[34 C.F.R. Secs. 300.503 & 300.504.]]

Any proposed change of services, including CCS services, is then subject to the IEP process and due process procedures if necessary.  While due process procedures are pending, your child must continue to receive the services that were being provided before the proposed change.[[20 U.S.C. Sec. 1415(j); 34 C.F.R. Sec. 300.518(a); Cal. Ed. Code Sec. 56505(d).]] See Chapter 4, Information on IEP Process. 

No. Related services must begin “as soon as possible.”[[34 C.F.R. Sec. 300.323(c)(2); Cal. Ed. Code Sec. 56344(b).]] If OT/PT services are specified in your child’s IEP and CCS refuses to provide the services, federal law requires that the district provide the services.[[20 U.S.C. Secs. 1412(a)(12)(A) & (B).]] Disagreement between CCS and the district regarding responsibility for initiating services can be resolved through interagency dispute procedures.[[Cal. Gov. Code Sec. 7585.]] In addition, CCS may not deny services based on the acuteness (severity or intensity) of the student’s disability. A student whose IEP specifies that they are to receive OT/PT services is entitled to receive those services without delay.[[34 C.F.R. Sec. 300.323.]]

Disagreements between you and CCS concerning your child’s eligibility for the CCS’s services (or the amount or kind of services offered by the CCS), may be resolved through the special education due process system.[[Cal. Gov. Code Secs. 7572(c)(3) & 7586(a).]] All due process hearing requests shall result in one hearing with all responsible state or local agencies joined as parties.[[Cal. Gov. Code Sec. 7586(c).]]

For failures of CCS to comply with interagency regulations or to provide OT/PT services specified in a student’s IEP, you can use the Compliance Complaint process.[[5 C.C.R. Sec. 3201(c).]] See Chapter 6, Information on Due Process/Compliance Procedures.  

In addition, when an OT/PT service listed in your child’s IEP is not being provided because of a dispute about which agency (CCS or the school district) should provide or pay for the service, you can file a notification of that failure to provide the service with either the Superintendent of Public Instruction or with the Secretary of the Health and Human Services Agency.[[Cal. Gov. Code Sec. 7585.]]

Superintendent of Public Instruction California Department of Education  
1430 N Street  
Sacramento, CA 95814  

Secretary of the California Health and Human Services Agency  
1600 Ninth Street, Room 460  
Sacramento, CA 95814  

You should also give the school district a written notification of a failure to provide services in your child’s IEP. In your letter, be specific about which service has not been provided to your child. Enclose a copy of the IEP (or mediation agreement or due process hearing decision) with the notification of failure. When either agency receives the notification, it must transmit it to the other agency and the two must meet within 15 days to resolve the issue. You must receive a written resolution within 10 days of that meeting. If you are not satisfied with that resolution, you can appeal to the Director of the Office of Administrative Hearings (OAH).  If the agencies cannot resolve the issue, they must submit their dispute to the Director of OAH. The Director has 30 days to issue a decision that is binding on all parties. If your child has been receiving services from one of the agencies at the time you file your notification, the services must continue pending resolution of the dispute.[[Cal. Gov. Code Sec. 7585; 2 C.C.R. Secs. 60600 & 60610.]] The entire process must be completed within 60 days from receipt of notification by either agency. When the service is included in the IEP without the recommendation of the non-educational agency, the dispute is only between you and the school district. The above notification process cannot be used. Instead, you must use the Compliance Complaint process discussed above.

No. School districts are responsible for providing these related services if not provided by other agencies and are needed in order for a student to benefit from special education. Districts cannot refuse to include services in an IEP just because a funding source has not been identified.[[Cal. Gov. Code Sec. 7572(c).]] AB 3632 specifically states that when CCS finds OT/PT services are not needed for medical reasons, those services must be provided by the local school if the services are necessary for the child to benefit from special education.[[Cal. Gov. Code Sec. 7575(a)(2).]]

When CCS agencies will not provide OT/PT services because of their own rules or eligibility requirements, these services must be provided by school districts if they are necessary for a child to benefit from special education.[[34 C.F.R. Sec. 300.34(a); Cal. Ed. Code Sec. 56031.]] OT/PT are, and have always been, listed among the special education related services available under state law[[Cal. Ed. Code Secs. 56363(b)(6)]] and federal law[[34 C.F.R. Secs. 300.34(c)(6) & (9)]] when they are necessary for educational reasons. For any related services, including OT/PT, a parent/guardian/other education rights holder may always obtain and submit an independent evaluation to the school district. It must be considered by the IEP team.[[Gov. Code Sec. 7572(c)(2).]] For information on how to obtain an independent evaluation at public expense, see Chapter 2, Information on Evaluations/Assessments.

Yes. Districts cannot refuse to refer children to CCS — and CCS cannot refuse to evaluate children simply because they are very young. Children younger than three years old (through Part C of the IDEA) and three to five years old (through Part B of the IDEA) are considered eligible for purposes of AB 3632 services.[[Cal. Gov. Code Sec. 7584; Cal. Ed. Code Sec. 56026(c).]] Whether a child of that age actually needs OT/PT services in order to receive educational benefit is a question to be addressed by the CCS assessment and determined by the IEP team.

No. Under federal and state special education law, a student is eligible for special education and related services (such as services from CCS) until the student reaches 22 years of age or receives a high school diploma. CCS must use the same age eligibility requirements as the school district.[[34 C.F.R. Secs. 300.2(b)(1)(iii) & 300.102; Cal. Ed. Code Sec. 56026; Cal. Gov. Code Sec. 7584; 2 C.C.R. Sec. 60010(q).]]

For Medi-Cal eligible students who would otherwise have to be educated at home, the Medi-Cal program can provide life-supporting medical services through a home health aide to enable a child to attend school. The time for this service is limited to the time the child is in school or traveling to or from school. The student’s condition must be such that they require the personal assistance or attention of a nurse, home health aide, or parent/guardian/other education rights holder (or some other specially trained adult) in order to be effective. For purposes of this service, the child must need “life supporting medical services.” This means that the child is dependent on a medical technology or device that compensates for loss of the normal use of vital bodily function and who requires daily skilled nursing care to avoid further disability or death.[[Cal. Gov. Code Sec. 7575(e); 2 C.C.R. Sec. 60400.]]

No. The scope of AB 3632 services no longer includes mental health services through County Mental Health (CMH) agencies. As of October 2010, school districts are responsible for assessment and provision of special education services when they are necessary for a child to benefit from their special education.  

Even though it is no longer required by AB 3632, some school districts have developed interagency agreements with county mental health agencies so that CMH can continue to provide outpatient mental health therapy and day treatment services through the IEP process.  Contact your school district to ask how such services are provided in your district and county.  See Chapter 5, Information on Related Services.  

Any public agency, other than an education agency, that places your child with a disability (or one who is suspected of having a disability) in a facility out of state without the involvement of the school district, special education local plan area (SELPA) or county office of education in which the parent/guardian/other education rights holder resides, must assume all financial responsibility for your child’s residential placement, special education program, and related services costs in the other state — unless a state or local agency in the other state assumes responsibility.[[Cal. Gov. Code Sec. 7579(d).]]

Special education students who are placed in a public hospital, state licensed children’s hospital, psychiatric hospital, proprietary hospital or a health facility for medical purposes are the educational responsibility of the school district, SELPA, or county office of education in which the hospital or facility is located.[[Cal. Ed. Code Sec. 56167.]] A SELPA may be made up of a district, a collection of districts, or a county office of education.

No. It is a violation of federal law to require that your child be made a ward or dependent of the court if they need residential care in order to benefit from educational services.[[See, Christopher T. v. San Francisco Unified School District, 553 F. Supp. 1107 (N.D. Cal. 1982).]] Also, a parent cannot be required to pay for any part of the cost of residential treatment if the placement is made through the IEP process and is necessary to provide special education and related services.[[34 C.F.R. Sec. 300.104.]]

If your child is a dependent or a ward of the court, the court, not you, will make the decision where to place your child. The court, at its discretion, may allow you to retain educational rights so that you may participate in the IEP process at the residential site if your child is in special education. As part of the dependency process, you may lose your parental rights, including educational rights, for the duration of the placement.

There is a critical difference in the financial responsibility for the cost of the placement. A placement through the IEP process is at no cost to the parent/guardian/other education rights holder. A court placement is at the cost of the court. However, the court must seek reimbursement from the parents/guardians/other education rights holders in the form of a support order based upon the court’s determination of the parents’/guardian’s/other education rights holder’s ability to pay.[[Cal. Welf. & Inst. Code Sec. 903.]] This may result in a substantial financial burden to any parent/guardian/other education rights holder, unless the family income is minimal. If the residential placement was needed for educational purposes, these actions would violate the “at no cost” requirement of federal law.[[20 U.S.C. Sec. 1401(9)(A) and 1401(29).]]

If your child is placed in residential treatment through the IEP process, all student and parental rights and protections guaranteed by law will be available to you.  No placement or services can be provided to your child without your approval and written consent.  Responsibility for implementing the IEP of a court-placed child is with the school district where the child is placed, not the parent’s district. The responsibility for an IEP-placed child is with the district that made the placement, which typically is the parent’s school district and/or county.

Yes. You may be able to convince a judge to delay placement pending the IEP process. You can argue that an IEP placement will not only be in your interest, but also in the court’s as well – allowing it to avoid financial and legal responsibility for your child. You could also tell the judge that court placement may delay or prevent the implementation of special education services. It would be helpful if you have already made the appropriate referral for residential placement to the school district through the IEP process.

If the judge insists on placing your child, you can at least try to convince the court to allow you to retain educational rights so you can continue to participate in the educational planning for your child. If the judge has already placed a dependent or ward, you may file a petition to change or modify the residential placement order if there are changed circumstances. Anyone can file this petition. Since your child is currently involved in the court system, these arguments are best made by a private attorney or public defender who is knowledgeable about the IEP process or who has help from a special education advocate.

The county office of education is responsible for the administration and operation of juvenile court schools, juvenile hall, juvenile homes, day centers, ranches or camps, and county community schools.[[Cal. Ed. Code Secs. 48645.2 & 56150.]] The county superintendent of schools may contract with the county board of supervisors for this responsibility. In addition, each SELPA must develop a local plan that describes the process for coordinating and providing services for students placed in juvenile court schools or county community schools.[[Cal. Ed. Code Sec. 56195.7(g).]] You should obtain a copy of the local plan.

If special education law or the SELPA plan is not being followed or the SELPA does not address the coordination and provision of services, you can file complaints against the county with CDE to compel compliance. You may also wish to consider due process proceedings against counties and/or SELPAs. See Chapter 6, Information on Due Process/Compliance Procedures.

A licensed children’s institution (LCI) is a licensed residential facility that provides nonmedical care to children. An LCI includes a group home and a short-term residential therapeutic program (STRTP), but does not include:

1. A juvenile court school, juvenile hall, juvenile home, juvenile day center, juvenile ranch or juvenile camp;
2. A county community school program;
3. Any special education program provided for a student placed at facilities in (1) and (2) above pursuant to the law;
4. Any other public agency.[[Cal. Ed. Code Sec. 56155.5(a)]]

A foster family home (FFH) is a licensed family residence that provides 24-hour care and supervision to no more than six foster children. It includes a small family home, a certified family home for a foster family agency and a resource family.[[Cal. Ed. Code Sec. 56155.(b).]]

If a child with a disability is placed at an LCI or FFH by a court, regional center for individuals with developmental disabilities or a public entity other than an educational agency, the Special Education Local Plan Area (SELPA) in which the LCI or FFH is located is responsible for providing special education services to the child. If there are multiple districts in a SELPA, there must be local agreements identifying the responsible educational agency.[[Cal. Ed. Code Sec. 56156.4.]] If the child is placed in an LCI or FFH unilaterally by the parent/guardian/other education rights holder or through private insurance, the school district in which a child’s parents/guardians/other education rights holders reside may be responsible through the regular special education IEP process. Due process may be needed if there is a disagreement over educational placement and/or services needed by the student while placed in the LCI or FFH.

If and when a child is made a dependent of the court in cases of parental abuse or neglect (foster care), the judge may make any and all reasonable orders for the care, supervision, custody, maintenance and support of the child. The judge cannot unilaterally order the school district to make a student eligible for special education services. However, the judge may also order the appearance in court of any agency, such as a school district, they have determined has failed to meet a legal obligation to provide services to a child – such as the right to special education services or compliance with the provisions of AB 3632.[[Cal. Welf. & Inst. Code Secs. 362 & 727.]]

When there is no one to act as a parent for a student with disabilities, the school district or the juvenile court must appoint a responsible adult to make educational decisions, including special education related decisions. Under AB 3632, the responsible adult is known as a “surrogate parent”. 

Generally, a juvenile court will appoint a surrogate parent – referred to as an educational rights holder – for any student who is a dependent or ward of court, which means they have an open dependency/foster care case or delinquency case.

If a student is not involved in either of those court systems, the school district must appoint a surrogate parent to represent students in the IEP process if one or more of the following is true:

1. No parent for the student can be identified; 
2. After reasonable efforts, the district cannot locate a parent; or 
3. A school district must also appoint a surrogate parent if the student is a dependent or ward of the court but the court has not yet appointed a responsible adult to as the student’s educational rights holder.

The district must make “reasonable efforts” to appoint a surrogate parent within 30 days of determining that a surrogate parent is necessary. In addition, the responsible adult appointed by the district cannot have any conflict of interest with the student. A conflict means any interest that might restrict or bias the ability to advocate for all of the services required to ensure that the student has FAPE.[[Cal. Gov. Code Secs. 7579.5(a) & (i).]]

If the student is a dependent or ward of the court, the judge should appoint someone to make educational decisions for a dependent or ward of the court. The court may leave decision-making authority with the parent if that parent is still part of the student’s life. However, it has the power to limit the parent’s authority regarding educational decisions through a court order, but only to the extent necessary to protect the student.

If the court limits a parent’s educational rights, it must also appoint a responsible adult as the student’s educational rights holder until the following occurs:

1. The student turns 18 (unless the student chooses to assign their educational decision-making authority to someone else or if the court finds the student to be “incompetent”);
2. Another responsible adult is appointed to make educational decisions;
3. The parent’s rights to make decisions are restored;
4. A guardian or conservator is appointed for the student; or
5. The student is placed in long-term foster care -- or an Alternative Planned Permanent Living Arrangement (APPLA) -- and a foster parent is given educational decision-making authority.

If a student is a dependent or ward of the juvenile court and has not been appointed an educational rights holder by the judge, their dependency or delinquency attorney should raise the issue with the judge.

When the district is responsible for appointing a surrogate parent, it must first appoint a relative caretaker, foster parent, or court-appointed special advocate (CASA) willing and able to serve. If there is no relative caregiver, foster parent or CASA, the district may choose the surrogate parent. If the student’s surrogate parent has been a relative caretaker or foster parent, and the student leaves the home of that surrogate parent, the district must appoint a new surrogate parent, if necessary, to ensure adequate representation.[[Cal. Gov. Code Sec. 7579.5(b).]]

The law allows retired teachers, social workers or probation officers, who do not work for a public agency involved in the education or care of the student, to be appointed as surrogate parent. An employee of a private agency may be appointed as long as the agency does not provide educational services to the student. A person otherwise qualified to be a surrogate parent is not considered an employee of the district even if the district pays the surrogate parent for their services.[[Cal. Gov. Code Sec. 7579.5(j).]]

A district may not appoint a surrogate parent if they have a conflict of interest with the student. A conflict of interest means any interest that might restrict or bias the ability to advocate for all of the services required to ensure that the student receives FAPE. If practical, the surrogate parent should be culturally sensitive to their assigned student.[[Cal. Gov. Code Secs. 7579.5(e) & (i).]]

A surrogate parent has all the powers of a parent or guardian of a special education student and must consent to IEPs, non-emergency medical services, mental health treatment, and occupational or physical therapy services.[[Cal. Gov. Code Sec. 7579.5(c).]] Although the surrogate parent is given complete parental authority in the special education process, surrogate parents are only required to meet with the child once. To competently fulfill the role, surrogate parents should meet with the student more than once, attend IEP meetings, review student records and consult with teachers and others involved in the student’s education. All of these interactions and activities are permitted under law. The surrogate parent must comply with federal and state student record confidentiality laws and use discretion when sharing information with appropriate persons.[[Cal. Gov. Code Secs. 7579.5(d) & (f).]]

The surrogate parent may represent the student until the student no longer needs special education or turns 18; until another responsible adult is appointed to replace the surrogate parent; or the parent’s right to make educational decisions is restored.[[Cal. Gov. Code Sec. 7579.5(k).]] However, if at age 18, a student chooses not to begin making their own educational decisions or a court finds the student to be “incompetent” to make these decisions, the surrogate parent may remain in place, or the student could designate another adult as an educational representative. The district must replace a surrogate parent if the surrogate parent is not properly performing the duties or has a conflict of interest with the student.[[Cal. Gov. Code Secs. 7579.5(h) & (i).]] If some individual in the student’s life — such as a care facility operator, social worker, probation officer, foster parent or other advocate — believes that a surrogate parent is not acting in the student’s interest, but rather acting more in the interests of the school district or another agency serving the student, they may ask that the district appoint a different surrogate parent. If the district refuses, the law allows a student (who is a ward or dependent of the court, an emancipated minor, or for whom no parent can be identified or located) to file for due process to challenge the appropriateness of the surrogate parent.[[Cal. Ed. Code Sec. 56501(a).]]

If your grandchild lives with you, a grandparent is authorized to act as the parent in the IEP and other special education processes under federal and state law. In fact, any individual acting in the place of a biological or adoptive parent with whom the child lives, may also assume this role. This includes a stepparent, other relative caretaker, a guardian, etc.[[34 C.F.R. Sec. 300.30(a)(4); Cal. Ed. Code Sec.56028(a)(4).]] A parent or guardian may designate another adult to represent the student.[[Cal. Gov. Code Sec. 7579.5(n).]]

No. California only allows school districts to appoint “retired teachers, social workers, and probation officers who are not employees of any agency that is involved in the care of the child” as a surrogate parent.[[Gov. Code Sec. 7579.5(j).]] “Any agency involved in the care of the child” includes the child welfare agency, probation, short-term residential treatment program (“STRTP”) or group home. The law does explicitly state the same restrictions for juvenile courts when appointing educational rights holders. However, if the legislature excluded social workers and probation officers from being appointed by school districts to be surrogate parent, it is unlikely the legislature intended that courts appoint these individuals as substitute decision makers for special education students either. Moreover, both state and federal special education law prohibit the state, when the child is a ward of the state, from acting in the role of the parent.[[Cal. Ed. Code Sec. 56028(c); 34 C.F.R. Secs. 300.30(a)(3) & 300.519(d)(2).]]

No. Only a student’s educational rights holder or surrogate parent can authorize an IEP.[[USC 1415(b)(2)(A), 34 CFR 300.519(d)(2).]]

Probation officers are not among those individuals specifically listed as mandatory members of the IEP team. [[20 U.S.C. Sec. 1414(d)(1)(B); 34 C.F.R. Sec.300.321; Cal. Ed. Code Sec. 56341.]] However, if in the view of the person inviting them, they have special expertise or knowledge regarding your child; they can attend the IEP if invited by the school district or the surrogate parent.[[Cal. Ed. Code Sec. 56341(b)(6).]]

Child welfare social workers are not mandatory IEP team members, unless the IEP team is meeting for a manifestation determination review (“MDR”) to discuss a disciplinary change in placement, such as an expulsion recommendation.[[Cal. Ed. Code Sec. 48915.5(d).]] See Chapter 8: Information on Discipline of Students with Disabilities.  

A child welfare social worker is otherwise not required to be invited to or attend IEP meetings. However, they may attend other IEP meetings if the school district or the child’s educational rights holder believe the social worker has special expertise or knowledge regarding the foster youth.[[Cal. Ed. Code Sec. 56341(b)(6).]]

The school district must invite a foster youth’s child welfare social worker, dependency attorney, and educational rights holder, and if relevant, tribal social worker to participate in any manifestation determination review meeting.[[Cal. Ed. Code Sec. 48915.5(d).]] See Chapter 8: Information on Discipline of Students with Disabilities.

If a foster parent has been appointed as the child’s surrogate parent by the school district or educational rights holder by the juvenile court, they have the right and responsibility to make special education decisions on behalf of the student.[[34 C.F.R. Secs. 300.30(a)(2) & (b); Cal. Ed. Code Sec. 56028(a)(2).]] In addition, California law makes it clear that a foster parent must be given preference — after a relative caretaker and before a CASA — when a district appoints a surrogate parent.[[Cal. Gov. Code Sec. 7579.5(c).]]

If a foster parent is not the student’s surrogate parent or educational rights holder, they still play an important role in the child’s special education program. Foster parents have access to the student’s current and most recent educational records, including IEPs and 504 plans.[[EC 49069.3(b)]] Foster parents shall also communicate directly with the child’s educational rights holder or child welfare social worker, whichever is most appropriate, to discuss special education needs.[[Cal. Ed. Code Sec.49069.3(c).]] Foster parents can also attend a student’s IEP meeting, including MDRs, if the school district or the child’s educational rights holder believe they have special expertise or knowledge regarding the foster youth.[[Cal. Ed. Code Sec. 56341(b)(6).]]

All foster youth, including those with IEPs, have the right to remain at their “school of origin” if it is in their best interest. 

School of origin refers to the school that the foster child attended before they were removed from their home, the school in which the foster child was last enrolled, or any school the child attended in the last 15 months that the child feels connected to. [[Cal. Ed. Code Sec. 48853.5(e).]]

Upon a change in residence, foster youth shall remain in their school of origin unless the student’s educational rights holder, in consultation with the student, determines it is in “the best interest” of the child to change schools.[[Cal. Ed. Code Sec. 48850.]] A school district’s foster youth liaison may also make a recommendation to the educational rights holder on whether it is in the student’s best interest to leave their school of origin.[[Cal. Ed. Code Sec. 48853.5(f)(6)&(7).]]

The “best interest determination” (BID) shall consider, among other factors, the student’s special education rights under the IDEA, including “the opportunity to be educated in the least restrictive educational setting necessary to achieve academic progress.”[[Cal. Ed. Code Sec. 48853.5.]] A BID can be made in an IEP meeting. For more information on the BID process, please review the California Department of Social Service’s All County Letter from March 10, 2021, available here: https://www.cde.ca.gov/ls/pf/fy/documents/bidjointletter.pdf.

Yes. School of origin rights apply to non-public school placements.[[Cal. Ed. Code Secs .48853(a)(2) & 56366.1(a)(8).]]

If an NPS is violating a student’s school of origin rights, you can file a UCP complaint or CDE Compliance complaint against the school district and NPS. See Chapter 6, Information on Due Process/Compliance Procedures for more information. The student’s dependency attorney (minor’s counsel) may also join the school district and NPS in the child’s dependency proceedings and ask the juvenile court to order compliance with school of origin protections.[[Cal. Welf. & Inst. Code Sec. 727(b)(1).]]

No, unless the IEP team determines transportation is a necessary related service[[Cal. Ed. Code Sec.48853.5(3)(B).]] See Chapter 5: Information on Related Services. 

Your child’s IEP will be treated the same as any student who transfers to a new school district.[[Cal. Ed. Code Sec. 56325.]]

If your child transfers to a new district during the school year that is not part of the same Special Education Local Plan Area (SELPA), the new district must provide the student with a FAPE, including services which are comparable to those in their previous district’s IEP for the first 30 days of attendance in the new district. (A SELPA is a California administrative unit composed of a single large school district, or a collection of smaller districts, which pools special education resources.) During the first 30 days, the new district must either adopt the IEP from the previous school district or develop and implement a new IEP that is consistent with federal and state special education law.[[Cal. Ed. Code Sec. 56325(a)(1).]]  If a student moves during the school year to a new school district that is within the same SELPA, the new district must continue, without delay, to provide services comparable to those contained in the previous IEP, unless the parents/guardians/other education rights holders and district develop and implement a new IEP.[[Cal. Ed. Code Sec. 56325(a)(2).]]

Your child’s special education assessment will be treated the same as any student who transfers to a new school district. 

The IDEA requires that “[a]ssessments of children with disabilities who transfer from one public agency to another in the same school year are coordinated with those children’s prior and subsequent schools, as necessary and as expeditiously as possible[.]”.[[20 U.S.C. Sec. 1414(b)(3)(D); 34 C.F.R. Sec. 300.304(c)(5)]] Your child’s previous school district should coordinate with their new school district to ensure completion of the evaluation.[[34 C.F.R. Sec. 300.304(c)(5)]] However, please note that the timeframe for completing this evaluation is less clear: the assessment must be completed “as expeditiously as possible.”.[[34 C.F.R. Sec. 300.304(c)(5)]] Typically, assessments must be completed within 60-days of receiving parental consent for the evaluation.[[34 C.F.R. Sec. 300.301(c)]] This time frame does not apply if the student transfers districts mid-assessment.[[34 C.F.R. Sec. 300.301(d)(2)]] However, the school district the students transfers to must make “sufficient progress to ensure a prompt completion of the evaluation” and must arrange with the parent/guardian/other education rights holder “a specific time when the evaluation will be completed.”.[[34 C.F.R. Sec. 300.301(e)]]

Yes. Under the Individuals with Disabilities Education Act (IDEA), every child with a disability between the ages of 3 and 21 is entitled to a free and appropriate public education in the least restrictive environment, including those in a juvenile detention center.[[20 U.S.C. Sec. 1412(a)(1)]]

Juvenile and youth detention centers must provide special education and related services. The education and services must meet the student’s individual needs. All students with disabilities in the juvenile correctional system are entitled to be assessed for special education and qualify for protections under state and federal law. If a student already has IEP services when entering juvenile detention, the facility must provide comparable services to those described in the student’s IEP until the juvenile court school either adopts the previous IEP, or develops a new IEP for the student.[[34 C.F.R. Sec. 300.323; Cal. Ed. Code Sec. 56325(a)(1).]]

Yes. Parents/Guardians/Other Education Rights Holders still hold all rights under the IDEA when the student is in a juvenile detention center, unless a court has limited their rights or the student turns 18 years old.[[34 C.F.R. Sec. 300.322.]]

Yes, when placed in juvenile detention, the juvenile court school must hold a transfer IEP meeting within 30 days.[[34 C.F.R. Sec. 300.323; Cal. Ed. Code Sec. 56325(a)(1)]]  IEP meetings can also be called on an as-needed basis by the parent/guardian/other education rights holder. The school must hold an IEP meeting within 30 days of the request.[[Cal. Ed. Code Sec. 56043(l), Cal. Ed. Code Sec. 56343.5]]

If the juvenile court school is not providing your child with a free appropriate public education in the least restrictive environment, you have the right to file for a Due Process hearing or a noncompliance complaint with the California Department of Education.

Juvenile facilities are required to provide special education and to provide related services consistent with students’ IEPs.[[20 U.S.C. Sec. 1412(a)(1)]] Similarly, schools within juvenile detention centers must provide education in the least restrictive environment, which means that students with disabilities must participate in education with their nondisabled peers to the maximum extent appropriate.[[20 U.S.C. Sec. 1412(a)(5)(A)]]

If the juvenile court school is not providing your child with a free appropriate public education in the least restrictive environment, you have the right to file for a Due Process hearing or a noncompliance complaint with the California Department of Education. Like neighborhood schools, juvenile court schools must provide notices of parental rights which include descriptions of Due Process and noncompliance complaints. See SERR Chapter 6, Information on Due Process/Compliance Procedures. 

Yes. Like public schools, juvenile court schools are required to identify, locate, and evaluate all children with disabilities who may need special education and related services.[[20 U.S.C. Sec. 1412(a)(3)(A); 34 C.F.R. Sec. 300.111]]

If your child is in a juvenile detention facility and has not been assessed, you can request an assessment.

If your child already has an IEP and is due for their triennial assessment/re-evaluation, the juvenile court school must initiate the appropriate assessments. See SERR Chapter 2, Information on Evaluations/Assessments.

WRAP or “wraparound” services refer to a holistic, comprehensive, and strength’s-based service model for children and young people with serious behavioral and mental health needs who are at risk of placement in a restrictive home setting (i.e. a short-term residential treatment center or juvenile detention center). WRAP services can be provided through the county mental health, child welfare, juvenile justice, or the special education system. WRAP providers often attend IEP meetings to coordinate services across the home, school and the community. If your child doesn’t yet receive WRAP services, you can request them at an IEP meeting as a related service.