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Article 3.7. Foster Parents of California Education Code >> Division 4. >> Title 2. >> Part 30. >> Chapter 1. >> Article 3.7.
(a) (1) Except as provided in subdivisions (b), (c), and
(d), a foster parent may exercise, to the extent permitted by federal
law, including, but not limited to, Section 300.30 of Title 34 of
the Code of Federal Regulations, the rights related to his or her
foster child's education that a parent has under Title 20 (commencing
with Section 1400) of the United States Code and pursuant to Part
300 (commencing with Section 300.1) of Title 34 of the Code of
Federal Regulations. The foster parent may represent the foster child
for the duration of the foster parent-foster child relationship in
matters relating to identification, assessment, instructional
planning and development, educational placement, reviewing and
revising an individualized education program, if necessary, and in
all other matters relating to the provision of a free appropriate
public education of the child. Notwithstanding any other provision of
law, this representation shall include the provision of written
consent to the individualized education program, including
nonemergency medical services, mental health treatment services, and
occupational or physical therapy services pursuant to this chapter.
The foster parent may sign any consent relating to individualized
education program purposes.
(2) A foster parent exercising rights relative to a foster child under this section may consult with the parent or guardian of the child to ensure continuity of health, mental health, or other services.
(b) A foster parent who had been excluded by court order from making educational decisions on behalf of a pupil does not have the rights relative to the pupil set forth in subdivision (a).
(c) This section only applies if the juvenile court has limited the right of the parent or guardian to make educational decisions on behalf of the child, and the child has been placed in a planned permanent living arrangement pursuant to paragraph (3) of subdivision (g) of Section 366.21, Section 366.22, Section 366.26, or paragraph (5) or (6) of subdivision (b) of Section 727.3 of the Welfare and Institutions Code.
(d) For purposes of this section, a foster parent shall include a person, relative caretaker, or nonrelative extended family member as defined in Section 362.7 of the Welfare and Institutions Code, who has been licensed or approved by the county welfare department, county probation department, or the State Department of Social Services, or who has been designated by the court as a specified placement.
(2) A foster parent exercising rights relative to a foster child under this section may consult with the parent or guardian of the child to ensure continuity of health, mental health, or other services.
(b) A foster parent who had been excluded by court order from making educational decisions on behalf of a pupil does not have the rights relative to the pupil set forth in subdivision (a).
(c) This section only applies if the juvenile court has limited the right of the parent or guardian to make educational decisions on behalf of the child, and the child has been placed in a planned permanent living arrangement pursuant to paragraph (3) of subdivision (g) of Section 366.21, Section 366.22, Section 366.26, or paragraph (5) or (6) of subdivision (b) of Section 727.3 of the Welfare and Institutions Code.
(d) For purposes of this section, a foster parent shall include a person, relative caretaker, or nonrelative extended family member as defined in Section 362.7 of the Welfare and Institutions Code, who has been licensed or approved by the county welfare department, county probation department, or the State Department of Social Services, or who has been designated by the court as a specified placement.
