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