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(1.104) Which public agency is responsible for providing special education services to a child who has an IEP and resides in a licensed children’s institution or foster family home?

(1.104) Which public agency is responsible for providing special education services to a child who has an IEP and resides in a licensed children’s institution or foster family home?

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, 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 or through private insurance, the school district in which a child’s parents 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.