The Individuals with Disabilities Education Act (IDEA) is a federal law that requires districts to provide a free appropriate public education to children with disabilities. Foster youth often experience academic delays for myriad of reasons which include but are not limited to intermittent homelessness, disability, truancy, poor or sporadic school attendance, exposure to drugs inutero, abuse, and emotional upheaval. IDEA provides certain protections for children in foster care, such as allowing them to attend school in the district where their foster family lives. The district where the child resides must educate them and must treat them as residents of the district. Districts may not require foster agencies to disclose the reason for a child’s placement nor may it require the child to attend an alternative school.
Districts may not refuse to enroll a child until the student’s old school records arrive. School records should be obtained from the previous school, by the new school. In the meanwhile, the child must be enrolled and allowed to attend the new school. Schools may obtain educational records without written consent of the parent or guardian. When enrolling in a new district, students must submit proof of age and proof of immunizations. The receiving school may request these records from the former school without parental consent.
A sworn statement regarding prior suspensions and expulsions must be signed and returned before children may attend school in a receiving district. The statement must be signed by a parent or guardian. Schools can’t refuse to educate a student because they were expelled from another district unless the student was expelled for possession of a weapon. For students under the age of 17, receiving districts must provide alternate education to include special education programming and services, if warranted. Receiving districts may refuse placement in regular education classrooms and settings when a student has been expelled for possession of a weapon.
When special education students transfer from one district to another, the receiving district is required to provide the student with comparable services as indicated in the individualized education plan (IEP). Even when special education students transfer from one state to another, the receiving district must honor the IEP until a new IEP is agreed upon and implemented. Districts may not refuse to implement an IEP because of incurred expense. If the receiving district believes the old IEP is inappropriate, however, the parent may agree to a new plan or a hearing officer may order a change.
Holly Smith - Holly Smith, Ph.D., ABD, has been a credentialed school psychologist for the past 10 years, has experience working as a social worker ...
