Educational Rights and Advocacy for Students in Foster Care

Children in foster care face significant barriers to obtaining appropriate educational supports and services. Students in foster care often experience high rates of school mobility, which can interrupt the development of foundational skills, inhibit academic progress, and lead to credit loss. In addition, a strikingly high number of children in foster care struggle with educational delays and disabilities. Because of high mobility rates and questions regarding parental consent, they often have trouble gaining access to the specialized supports and services they need in order to be successful in school. Many child welfare professionals, parents and foster parents struggle with accessing school records, maintaining students in their schools of origin, and obtaining critical early intervention and special education services.

 In this training, Cara Chambers, Director of The Legal Aid Society's Education Advocacy Project, and Staff Attorneys Melinda Andra and Gwyneth Horton provide an overview of educational issues affecting students in foster care. The presenters review procedures for accessing students' school records under the Family Education Rights and Privacy Act, including the recent changes set forth in the Uninterrupted Scholars Act. They examine federal laws that require foster care agencies to preserve school stability for students in foster care, thereby reducing or eliminating the negative effects of frequent school changes. The session also explores the barriers that foster children with disabilities face when trying to gain access to the special education services to which they are entitled.

Learning Objectives

I.     Identify factors that inhibit school success for children in foster care 

II.    Understand the Family Education Rights and Privacy Act as it pertains to educational records for students in foster care

III.   Review federal laws that require foster care agencies to preserve school stability for students in foster care, including the Fostering Connections Act and the Every Student Succeeds Act

IV.   Explore the barriers that students in foster care face in obtaining appropriate special educational services, including issues with parental consent and high mobility rates