Foster Care and Special Education Rights

Foster Youth Educational Rights

Right to remain in your school of origin
Right to immediate enrollment in school
Right to partial credits for high school students
Graduation rights
College rights
School discipline rights
Right to your school records

See https://www.cde.ca.gov/ls/pf/fy/fosteryouthedrights.asp for details about each of these rights.

Parent Rights in Special Education

Right to participate
Right to receive prior written notice
Right to consent
Right to refuse to consent
Right to be given a nondiscriminatory assessment
Right to receive independent educational assessments
Right to access educational records
Right to stay in the current program if there is a disagreement about placement
Right to be given a hearing regarding disagreements about an IEP
Right to receive mediation
Right to file a complaint against your school district
Right to be informed of school discipline and alternative placement
Right to be informed of policies regarding children who attend private schools

See https://www.cde.ca.gov/sp/se/qa/pssummary.asp for details of these educational rights as outlined under IDEA.

Education Rights Holder

A foster parent will usually be given the role of holder of education rights. Sometimes a foster parent and biological parent will hold co-education rights. As the holder of education rights, a person can discuss educational progress with the child’s school, participate in educational meetings, sign IEP documents, and request assessments.

See http://policy.dcfs.lacounty.gov/content/Appointment_of_Responsib.htm#HER for details about the education rights holder process.

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