G.  Foster Care

Reference






Id.  at 2-8.





Id.  at 4-19. 
If there is time before a placement, gather information about the child’s educational status, particularly if there is an IEP.

Make sure the child’s attorney, the caseworker, and the foster parent are invited to the IEP annual review meeting and any other IEP meetings.

Determine who will take the lead in meeting the child’s educational needs. This can vary depending upon if the family will be reunited, whether biological parents or foster parents have the ability to play that role, who is knowledgeable about general and special education, and who has a good relationship with school staff.

Keep school districts informed when a child changes schools or placements, both to make sure the child’s records are transferred smoothly, and so that the right school district (rather than the child welfare agency) is held responsible for special education costs.

Consider whether the child should change schools, and how McKinney-Vento applies.






McNaught, supra note 1 at 45. 
Judges can consider questions about the child’s educational status:
  • “Has the child been identified with a disability by the school?
  • Does the child have an IEP?
  • What services are being provided?
  • How is the child performing academically?”







Id.

Id. 
Judges can take the following actions:
  • order an evaluation of the child, either with parental consent, or overriding parental consent (but a judge cannot order that services be provided under IDEA unless an evaluation discloses a disability and there is parental consent);
  • use a court/school liaison to speed information exchange when appropriate;  and
  • appoint an educational advocate/consultant/attorney to pursue services if none of the other parties can pursue educational needs for the child.