How the IDEA and the Fostering Connections Act Can Work Together to Ensure School Stability and Seamless Transitions for Children With Disabilities in the Child Welfare System.
Foster Care & Education Issue Brief.
ABA Center on Children and the Law. Education Law Center (Philadelphia, Pa.) Juvenile Law Center (Philadelphia, Pa.) Legal Center for Foster Care and Education.
Published: May 2012
This brief is part of a series of materials designed to be used together to support all stakeholders in implementing the education provisions of the Fostering Connections to Success and Increasing Adoptions Act of 2008 (the Fostering Connections Act). Information is provided on how the Individuals with Disabilities Education Act (IDEA) and the Fostering Connections Act can help advocates ensure school stability and smooth transitions for children in foster care who have disabilities. Case studies are provided to illustrate the issues involved when advocating for school stability, and information is given on requirements under IDEA, the implementation of education provisions of the Fostering Connections Act, the designation of a qualified decision-maker under IDEA, the role of the parent and foster parent under the Fostering Connections Act, key special education considerations that should be evaluated in making the "best interests" determination, transportation provisions under IDEA and the Fostering Connections Act, the impact of IDEA on school stability decision under the Fostering Connections Act, applicability of the Fostering Connections Act and IDEA in residential facilities, school transfer of a child with an Individualized Education Program, and provisions in both laws relating to educational records and transition planning.
foster care; foster children; education; academic achievement; stability; school issues; special education; children with disabilities; decision making; agencies; agency role; Individuals with Disabilities Education Act; Fostering Connections to Success and Increasing Adoptions Act of 2008