(c) A surrogate parent shall be held harmless by the State of California when acting in his or her official capacity except for acts or omissions that are found to have been wanton, reckless, or malicious.
(d) A surrogate parent shall also be governed by Section 7579.5 of the Government Code.
(Amended by Statutes of 2007, Chapter 56, Section 14. Effective January 1, 2008.)
California Education Code Section 56156
(a) Each court, regional center for the developmentally disabled, or public agency that engages in referring children to, or placing children in, licensed ch ildren’s institutions shall report to the special education administrator of the special education local plan area in which the licensed children’s institution is located any referral or admission of a child who is potentially eligible for special education. (b) At the time of placement in a licensed children’s institution or foster family home, each court, regional center for the developmentally disabled, or public agency shall identify all of the following:
(1) Whether the courts have specifically limited the rights of the parent or guardian to make educational decisions for a child who is a ward or dependent of the court.
(2) The location of the parents, in the event that the parents retain the right to make educational decisions.
(3) Whether the location of the parents is unknown.
(c) Each person licensed by the state to operate a licensed children’s institution, or his or her designee, shall notify the special education administrator of the special education local plan area in which the licensed children ’s institution is located of any child potentially eligible for special education who resides at the facility. (d) The Superintendent shall provide each county office of education with a current list of licensed children’s institutions in that county at le ast biannually. The county office shall maintain the most current list of licensed children’s institutions located within the county and shall notify each district and special education local plan area within the county of the names of licensed children’s institutions located in the geographical area of the county covered by the district and special education local plan area. The county office shall notify the director of each licensed children’s institution of the appropriate person to contact regarding in dividuals with exceptional needs.
(Amended by Statutes of 2007, Chapter 56, Section 22. Effective January 1, 2008.)
California Education Code Section 56366
Chapter 4 – Procedural Safeguards, Charter SELPA
Page 76
As of 11/18/2016
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