special education rights and responsibilities - Disability Rights ...

Information on IEP Process
300.518; Cal. Ed. Code Sec. 56505(d).] See Chapter 6, Information on Due
Process/ Compliance Procedures.
59. Can a foster parent sign an IEP for a child in their care?
Yes. A foster parent may act as a parent for special education purposes for a child
with their care if these conditions exist:
(1) The biological or adoptive parent’s authority to make educational
decisions for the child have been taken away by a court; and
(2) The foster parent has no interest that would conflict with the interests of
the child.
If acting as a parent, a foster parent has all the rights a biological or adoptive parent
would have in the special education process, including the ability to initiate a
referral for special education eligibility of their foster child and sign the IEP for a
student. [34 C.F.R. Sec. 300.30(a)(2); Cal. Ed. Code Secs. 56028(a)(2), 56055 &
56029(c).]
Foster parents may also be appointed by a school district or court to be a “surrogate
parent” to exercise educational rights for a child within their care. When selecting
a surrogate parent, school districts must give first preference to the foster parent, a
relative caretaker, or court appointed special advocate (CASA). [Cal. Gov. Code
Secs. 7579.5(c) & (g).]
60. What parental rights does a surrogate parent have at an IEP
meeting?
Once a surrogate parent is chosen by the school district to act on behalf of a child
with a disability in the special education process, he serves as the child’s parent
and has all rights available to a parent. The surrogate may represent the child in
matters related to the identification, assessment, instructional planning and
development, educational placement, reviewing and revising the IEP, and in all
other matters related to the provision of FAPE. A surrogate parent can give written
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