Holding Educational Rights

Click here for related continuing education webinars: Holding Education Rights and Getting Started with Education Rights

When parents or caretakers are unable to take on the responsibility of managing the educational rights of a youth, those rights can be transferred to an Educational Representative. The representative serves as the point-person for all decisions around the youth's academic and developmental needs. An Educational Representative could be a foster parent, relative, family friend, or in many cases, a CASA.

As a CASA, you may have the opportunity to be appointed as your youth's Educational Representative.  There is some legal paperwork involved in this transfer and we offer additional training to support you in this role. 

If you are designated as your youth’s Educational Representative, you will be called to:

  • Ensure that your child receives an appropriate education.
  • Meet with your child, review their records, and maintain contact with other adults involved in their education as often as is necessary to keep everyone up to date on the youth's educational success.
  • Familiarize yourself with relevant laws supporting a youth's academic rights (see below).
  • Consider school placement stability and advocate that a youth remain in their school of origin when beneficial.
  • Make sure your child has access to appropriate enrichment activities and academic resources.
  • Participate in any school disciplinary meetings and procedures.
  • Advocate and provide consent for your youth around any special educational needs.  This includes assessment, instructional planning (e.g. creation of an IEP), program placement, and monitoring to make sure these needs continue to be met.
  • Before every hearing, provide information to the social worker and written recommendations to the court.
  • Inform the court and foster team of any educational status updates, or if your ability to hold these rights changes.
  • Attend to any other educational changes that arise.

For more information, click the links below to visit any of the following pages:

California Foster Care Education Law Fact Sheets (CA Foster Youth Education Task Force)

Rule 5.650. Appointed educational rights holder 

JV-537: Educational Rights Holder Statement