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.^[1] 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.^[2]

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.^[3] 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.^[4] 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.^[5]

1. 34 C.F.R. Secs. 300.30(a)(2) & (b); Cal. Ed. Code Sec. 56028(a)(2).[↩]
2. Cal. Gov. Code Sec. 7579.5(c).[↩]
3. EC 49069.3(b)[↩]
4. Cal. Ed. Code Sec.49069.3(c).[↩]
5. Cal. Ed. Code Sec. 56341(b)(6).[↩]