Federal IDEA · 34 CFR Part 300 · Regulation

§ 300.45 Ward of the State.

Plain English summary

This section defines 'ward of the State' as a child determined by the State to be a foster child, a ward of the State, or in the custody of a public child welfare agency. It excludes foster children who have a foster parent meeting the definition of 'parent' under § 300.30. The definition is relevant to identifying who holds parental rights and responsibilities under IDEA.

Key requirements

  • Ward of the State means a child who, as determined by the State where the child resides, is a foster child, a ward of the State, or in the custody of a public child welfare agency.
  • Ward of the State does not include a foster child who has a foster parent who meets the definition of a parent in § 300.30.

Affected parties

  • foster children
  • wards of the State
  • children in custody of public child welfare agencies
  • foster parents
  • State educational agencies
  • public child welfare agencies

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.45