or her pursuant to Section 361 or 726 of the Welfare and Institutions Code or Section 56055 of the Education Code.
(2) No parent for the child can be identified.
(3) The local educational agency, after reasonable efforts, cannot discover the location of a parent.
Additionally, an LEA must appoint a surrogate parent for unaccompanied homeless youths ( Government Code Section 7579.5 ).
The surrogate parent for a child who is a ward of the state may be appointed by a judge overseeing the child’s care, provided that the surrogate meets the requirements of Government Code Section 7579.5 . If a judge appoints the surrogate parent, then the LEA is not required to do so ( Government Code Section 7579.6 ).
California’s Education Code Section 56028 provides the following definitions of a parent:
(a) “Parent” means any of the following:
(1) A biological or adoptive parent of a child.
(2) A foster parent if the authority of the biological or adoptive parents to make educational decisions on the child’s behalf specifically has been limited by court order in accordance with Section 300.30(b)(1) or (2) of Title 34 of the Code of Federal Regulations. (3) A guardian generally authorized to act as the child’s parent, or authorized to make educational decisions for the child, including a responsible adult appointed for the child in accordance with Sections 361 and 726 of the Welfare and Institutions Code. (4) An individual acting in the place of a biological or adoptive parent, including a grandparent, stepparent, or other relative, with whom the child lives, or an individual who is legally responsible for the child’s welfare. (5) A surrogate parent who has been appointed pursuant to Section 7579.5 or 7579.6 of the Government Code, and in accordance with Section 300.519 of Title 34 of the Code of Federal Regulations and Section 1439(a)(5) of Title 20 of the United States Code. (b)(1) Except as provided in paragraph (2), the biological or adoptive parent, when attempting to act as the parent under this part and when more than one party is qualified under subdivision (a) to act as a parent, shall be presumed to be the parent for purposes of this section unless the biological or adoptive parent does not have legal authority to make educational decisions for the child. (2) If a judicial decree or order identifies a specific person or persons under paragraphs (1) to (4), inclusive, of subdivision (a) to act as the “parent” of a child or to make educational decisions on behalf of a child, then that person or persons shall be determined to be the “parent” for purposes of this part, Article 1
Chapter 4 – Procedural Safeguards, Charter SELPA
Page 53
As of 11/18/2016
Made with FlippingBook - professional solution for displaying marketing and sales documents online