Foster Youth Services

While there is no legislative mandate that a student in foster care be given priority on a Charter School waiting list per se, a student in foster care does have the right to attend their school of origin when determined to be in their best interest to do so. As such, a Charter School must ensure the student is granted this entitlement if the charter school is determined to be the SOO after a best interest determination.

While the general rule is that school of residence of a student is determined by where a parent or guardian lives, for students in foster care residency can be determined by the address where they live, in cases where they are placed in a licensed children’s institution or foster home pursuant to California Education Code (EC) 56155.5, placed by a court in a foster home or reside with a caregiver. In addition, remaining in their school of origin establishes automatic residency.
Please refer to EC 48204(a)(2) which states:
(a) (2) A pupil who is a foster child who remains in his or her school of origin pursuant to subdivisions (f) and (g) of Section 48853.5.

Yes, pursuant to California Education Code Section 48859(c), the definition of Local Educational Agency for purposes of “AB 490” rights include charter schools.

48859. For purposes of this chapter, the following terms have the following meanings:
(c) “Local educational agency” means a school district, a county office of education, a charter school, or a special education local plan area.
(Amended by Stats. 2015, Ch. 289, Sec. 2. (SB 445) Effective January 1, 2016.)

Yes, as set forth above, charter schools are considered a local educational agency under California Education Code (EC) section 48859(c) and thus are obligated to provide transportation, if appropriate, to the school of origin pursuant to EC section 48853.5(f)(5).
48853.5(f)(5)(A) Paragraphs (2), (3), and (4) do not require a school district to provide transportation services to allow a foster child to attend a school or school district, unless there is an agreement with a local child welfare agency that the school district assumes part or all of the transportation costs in accordance with Section 6312(c)(5) of Title 20 of the United States Code, or unless otherwise required under federal law. This paragraph does not prohibit a school district from, at its discretion, providing transportation services to allow a foster child to attend a school or school district.
(B) In accordance with Section 6312(c)(5) of Title 20 of the United States Code, local educational agencies shall collaborate with local child welfare agencies to develop and implement clear written procedures to address the transportation needs of foster youth to maintain them in their school of origin, when it is in the best interest of the foster youth.

The answer to this question requires us to first understand that in California the only authority for limiting a parent’s educational rights and assigning those rights to another individual is through an order of the Juvenile Court judge. There are limited exceptions, however, when a person can hold educational rights on behalf of a foster student without possessing a court order assigning such rights. Those would be in instances when a court has limited the rights of a foster child’s parent or guardian to make educational decisions on behalf of the foster child. In such a case, the foster parent or caregiver may exercise educational rights on behalf of the foster child pursuant to California Education Code (EC) section 56055. In addition, for foster student is eligible for special education and related services, an LEA may have a surrogate parent assigned to be a member of the foster student’s individualized education plan team or to otherwise make educational decisions for the foster student according to the requirements of California Government Code 7579.5.
The Juvenile Court is required to provide the LEA of attendance a JV-535 each time a child’s education rights holder changes. Furthermore, if the court cannot identify an education rights holder and needs the LEA to assign a parent surrogate a JV-535 will be sent with an attached JV-536 requesting the LEA respond to the court with the assigned education surrogate.
Please see the following Rules of Court from the California Judicial Council
Rule 5.650. Appointed educational rights holder
(a) Order and appointment (§§ 319, 361, 366, 366.27, 366.3, 726, 727.2; Gov. Code, §§ 7579.5-7579.6; 20 United States Code [U.S.C.] § 1415; 34 Code of Federal Regulations [C.F.R.] § 300.519)
Whenever it limits, even temporarily, the rights of a parent or guardian to make educational or developmental-services decisions for a child, the court must use form JV-535 to appoint a responsible adult as educational rights holder or to document that one of the following circumstances exists:
(1) The child is a dependent child or ward of the court and has a court-ordered permanent plan of placement in a planned permanent living arrangement. The caregiver may, without a court order, exercise educational decision making rights under EC section 56055 and developmental-services decision making rights under section 361 or 726, and is not prohibited from exercising those rights by section 361, 726, or 4701.6(b), or by 34 C.F.R. section 300.519 or 303.422; or
(2) The court cannot identify a responsible adult to serve as the child's educational rights holder under section 319, 361, or 726 or under EC section 56055; and
(A) The child is a dependent child or ward of the court and is or may be eligible for special education and related services or already has a valid individualized education program, and the court:
(i) Refers the child to the local educational agency for the appointment of a surrogate parent under section 361 or 726, Government Code section 7579.5, and title 20 U.S.C. section 1415; and
(ii) Will, with the input of any interested person, make developmental-services decisions for the child; or
(B) The appointment of a surrogate parent is not warranted, and the court will, with the input of any interested person, make educational and developmental-services decisions for the child.
(C) If the court must temporarily make educational or developmental-services decisions for a child before disposition, it must order that every effort be made to identify a responsible adult to make future educational or developmental-services decisions for the child.

No. As set forth in Q.12, the only authority for limiting a parent’s educational rights and assigning those rights to another individual is the Juvenile Court judge and the only instance when an LEA can appoint a surrogate parent is if the foster student’s parents have had their educational rights limited and the student has been identified for special educational and related services. If the foster student has a parent who retains educational rights, the LEA would not be permitted to appoint a surrogate parent or other designee to represent the educational rights of the child.

A. On January 14, 2013, President Obama signed into law the Uninterrupted Scholars Act (USA), Public Law 112-278, which amended the Family Educational Rights and Privacy Act (FERPA). 20 United States Code (U.S.C.) § 1232g. These amendments permit educational agencies and institutions to disclose personally identifiable information from the education records of students in foster care placement, without parental consent, to an agency caseworker or other representative of a State or local child welfare agency (CWA) or tribal organization authorized to access a student’s case plan “when such agency or organization is legally responsible, in accordance with State or tribal law, for the care and protection of the student.” See 20 U.S.C. § 1232g(b)(1)(L). The USA also amended FERPA to allow educational agencies and institutions to disclose a student’s education records pursuant to a judicial order issued in specified types of judicial proceedings in which the parent is already a party, without requiring additional notice to the parent by the educational agency or institution.
In response, California Education Code section 49076 was amended to reflect this federal change. Please see the link below.
California Legislative Information page

Yes. Pursuant to California Rule of Court Section 5.650(c), individuals who are paid to care for the welfare of a child may not be awarded educational rights of that child as it is considered to be a conflict of interest (e.g. group home staff, child welfare staff, probation department staff, or the child’s attorney). However, foster parents are deemed not have such a conflict of interest. This is because foster parents are not considered to be “paid” for caring for the child but receive reimbursement for room, board and other needs of the child
W & I 319
(j) (1) At the initial hearing upon the petition filed in accordance with subdivision (c) of Rule 5.520 of the California Rules of Court or anytime thereafter up until the time that the minor is adjudged a dependent child of the court or a finding is made dismissing the petition, the court may temporarily limit the right of the parent or guardian to make educational or developmental services decisions for the child and temporarily appoint a responsible adult to make educational or developmental services decisions for the child if all of the following conditions are found:
(2) If the court limits the parent’s educational rights under this subdivision, the court shall determine whether there is a responsible adult who is a relative, nonrelative extended family member, or other adult known to the child and who is available and willing to serve as the child’s educational representative before appointing an educational representative or surrogate who is not known to the child.

Yes. A foster parent can have access to records necessary for them to support the education of children in their care regardless of whether or not they hold educational rights.
Please refer to the following California Education Code:
49069.3.

(a) A foster family agency with jurisdiction over a currently enrolled or former pupil, a short-term residential treatment program staff responsible for the education or case management of a pupil, and a caregiver who has direct responsibility for the care of the pupil, including a certified or licensed foster parent, an approved relative or nonrelated extended family member, or a resource family, as defined in Section 1517 of the Health and Safety Code and Section 16519.5 of the Welfare and Institutions Code, may access the current or most recent records of grades, transcripts, attendance, discipline, and online communication on platforms established by schools for pupils and parents, and any individualized education programs (IEP) that may have been developed pursuant to Chapter 4 (commencing with Section 56300) of Part 30 or any plan adopted pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 United States Code Sec. 794(a)) maintained by school districts, county offices of education, charter schools, nonpublic schools, as defined in Section 60010, or private schools of that pupil. A caregiver, pursuant to this section, may access the information specified in this section regardless of whether the caregiver has been appointed as the pupil’s educational rights holder pursuant to Section 319, 361, or 726 of the Welfare and Institutions Code.

(b) A foster family agency, short-term residential treatment program, or caregiver may review and receive pupil records pursuant to subdivision (a) for purposes of monitoring the pupil’s educational progress, updating and maintaining the pupil’s education records as required by Section 16010 of the Welfare and Institutions Code, and ensuring the pupil has access to educational services, supports, and activities. These purposes include, but are not limited to, enrolling the pupil in school, assisting the pupil with homework, class assignments, and college and scholarship applications, and enrolling the pupil in extracurricular activities, tutoring, and other afterschool and summer enrichment programs.

Generally, CASAs are entitled to receive and review all educational records related to their case child because most CASAs have in place a court order which allows access to records concerning their case child, including educational records. An LEA should ask to review this court order when any person claiming to be a child’s CASA seeks access to a child’s educational records.

The code sections that grant the entitlements under AB 167/216 do not address this question of whether the LEA could use the exemptions to allow the student to graduate early. In making a decision as to whether to apply the exemptions, an LEA will want to take other reasonable considerations into account that may impact the answer to this question. The reasonableness determination can include the age of the student and whether the student could be reasonably able to complete the LEA’s local requirements in time to graduate high school by the end of their fourth year. See California Education Code 51251.1 for information on AB 167 and 216 requirements.
Please see the link below:
California Legislative Information page