Identifying decision-makers
“If I've been informed that Corey’s foster parents – the Martins – have been designated the primary communicators with the school by the Roosevelt County HSD. Does that make them his education decision-makers?”
No. When consenting to release information, the parents are not signing over their right under education law to make significant education decisions, such as authorization for an evaluation and participation in an Individualized Education Plan (IEP). In Corey’s case, as in most out-of-home care cases, his parents, the Sanders, still maintain legal guardianship and legal custody. The Martins have the authority to make routine decisions regarding ordinary school activities for Corey and can authorize his participation in sponsored extra-curricular activities (this is not a right specifically assigned under law to parents or guardians). But if there is some concern that Corey might have a disability and need special education services, the Sanders must authorize the evaluation and any other related special education services.
“...And if the Sanders should ever become unavailable? How is a person appointed to make education decisions for Corey? Could Roosevelt County HSD just handle it?”
No. Special education law does not recognize the state, the county, or the child welfare agency as the “parent,” “person acting as a parent,” or “surrogate parent” of a child. If for some reason the Sanders were to become unavailable, a surrogate would be appointed for Corey in the same manner as is done for any other child:
- the Sanders can delegate that authority to another person on a temporary basis, although the court would have to approve the delegation,
- the court can assign that responsibility to an individual, or
- the local education agency (LEA), which is most commonly the school district, can appoint someone in accordance with special education laws.
You can find specific information regarding special education and children in out-of-home care in the document Educational Services for Children Placed in Foster Care 
published by the Department of Public Instruction and the Department of Children and Families.
Additional information regarding Special Education services and regulations can be found on the website of the Department of Public Instruction .
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