Education and Special Education Rights for Children/Youth with Disabilities in Foster Care

Foster parents in Tennessee play a crucial role in ensuring that children with disabilities receive the education and support they need. Under the Individuals with Disabilities Education Act (IDEA), children in foster care have the right to a Free and Appropriate Public Education (FAPE). This includes access to special education services through an Individualized Education Program (IEP) or accommodations under a Section 504 Plan if they qualify. 

If a foster child shows signs of a disability that may impact their education—such as learning delays, behavioral challenges, or physical impairments—the school district must evaluate the child to determine eligibility for special education services. 

Special Education Services in Tennessee Schools 

Tennessee schools offer various services to support children with disabilities, including but not limited to: 

  • Specialized instruction tailored to the child’s needs. 
  • Speech, occupational, and physical therapy. 
  • Behavioral and emotional support services. 
  • Assistive technology and learning accommodations. 

Foster parents should collaborate with the Tennessee Department of Children’s Services (DCS) and school personnel to ensure their child’s educational needs are met. 

 

 

Key Responsibilities of Foster Parents 

Enrollment and Advocacy 

  • Ensure timely school enrollment. 
  • Communicate regularly with teachers and administrators about the child’s needs. 

Participation in IEP and 504 Plan Meetings 

  • Attend meetings and collaborate with school personnel. 
  • Advocate for necessary accommodations and services. 

Monitoring Progress 

  • Review progress reports and request evaluations when needed. 
  • Ensure the child receives appropriate support. 

Ensuring Educational Stability 

  • Minimize school changes, as frequent transitions can disrupt learning and services. 
  • Under the Every Student Succeeds Act (ESSA), foster children have the right to remain in their school of origin when it is in their best interest. Transportation arrangements should be coordinated by the child welfare agency and school district if necessary. 

Educational Decision-Making 

  • Foster parents may be asked to act as the child’s educational surrogate, but in some cases, the court may assign this role to a biological parent, Guardian ad Litem (GAL), or another surrogate. 

Advocacy Participation 

Foster parents should actively engage in: 

  • IEP meetings 
  • Parent-teacher conferences 
  • Special education eligibility evaluations and reviews 

Understanding the IEP Process 

  • Participate in IEP meetings to help develop and review the child’s plan. 
  • Stay informed about available services, such as speech therapy, occupational therapy, and counseling. 
  • Monitor the child’s progress and communicate with the school if adjustments are needed. 

Coordination with Caseworkers and Biological Parents 

  • Work with the child’s caseworker and, when appropriate, the biological parents to ensure educational continuity. 
  • Even if biological parents retain educational decision-making rights, foster parents can provide valuable observations and support. 

Resources and Training 

Foster parents in Tennessee can access training and support through organizations such as: 

Advocacy and Conflict Resolution 

  • If disputes arise with the school regarding a child’s education, foster parents can request mediation or due process hearings. 
  • Keeping detailed records of school communications and educational documents is essential. 
Role of the Guardian ad Litem (GAL) in Education 

A Guardian ad Litem (GAL) is a court-appointed advocate who represents a child’s best interests in legal matters, including education. Their role in IEP meetings includes: 

  • Advocating for Educational Services: Ensuring the child receives appropriate accommodations and support. 
  • Collaborating with Stakeholders: Working with foster parents, educators, and caseworkers to address school-related challenges. 
  • Reporting to the Court: Informing the court about the child’s educational progress and any concerns. 
  • Providing Independent Advocacy: Acting as a neutral party to prioritize the child’s needs, especially in cases of conflict or disagreement. 

When is a GAL Involved in an IEP Meeting? 

  • Parental Disputes with the School: If parents disagree with the proposed IEP and believe the child’s needs are not being met. 
  • Child Welfare Concerns: If neglect or abuse may be affecting the child’s education. 
  • Complex Educational Needs: When specialized expertise is needed to develop an appropriate IEP. 

 

Frequently Asked Questions 

Q: What should I do if I have concerns about my foster child’s education? 

A: Contact the DCS Family Service Worker (FSW) or Provider Agency case manager. If further assistance is needed, the FSW can connect you with an Education Specialist, who advocates for the child’s educational needs by visiting schools, attending meetings, and helping resolve issues. 

Q: Who qualifies as the “parent” for educational purposes? 

A: If multiple individuals meet the definition of a parent under IDEA, the biological or adoptive parent is presumed to have authority unless a court decree designates another individual, such as a guardian or surrogate parent, to make educational decisions.  

Q: What is educational surrogacy, and will my foster child have an educational surrogate? 

A: In cases where no parent is available to make special education decisions, a surrogate parent can be appointed by the Juvenile Court. This individual works with the school to ensure the child receives appropriate special education services and can advocate for stability, support plans, and disciplinary challenges. 

Q: What should I do if I believe my foster child’s rights under IDEA are being violated? 

A: If you feel that the school is not meeting your child’s needs, contact your case manager, who can seek assistance from a DCS education specialist to address the issue.