Who makes education decisions for children in foster care?

When a child enters DSS custody, typically the DSS child welfare worker assumes the majority of the child’s education rights. That includes: 

• The ability to enroll and withdraw a child from school, 

• The rights associated with school discipline, such as appealing a suspension, and, 

• The rights associated with Section 504, such as requesting a Section 504 Plan.

Despite assuming all of these rights, DSS child welfare workers are not allowed to hold a child's early intervention or special education rights. The process described by the resources on this website is designed to help determine who is eligible to make special education and early intervention decisions for children in DSS custody. 

When a child enters DSS custody, do the parents lose their rights to make early intervention and special education decisions?

When a child enters DSS custody, their biological/adoptive parents maintain their early intervention and special education rights. While the judge overseeing the child's case can choose to remove a parent's early intervention and special education rights, there are no circumstances whereby a parent's rights to make early intervention or special education decisions are automatically taken away. Therefore, if there has not been a termination or relinquishment of a parent's rights and the court has not ordered someone else to serve as the child's IDEA Parent, the biological/adoptive parents are presumed to serve as IDEA Parent. 

What is an IDEA Parent?

Under special education law, the individual who makes early intervention and special education decisions is referred to as the child's "parent." We put the term "parent" in quotations because this individual may be someone other than the child's biological or adoptive parent. 

Since using the word "parent" can be confusing in this context, we use the term IDEA Parent. The IDEA Parent holds the child's early intervention and special education rights. This is the individual who requests an evaluation, consents to serves, and has the right to pursue dispute resolution strategies. 

When can someone other than the biological/adoptive parents serve as IDEA Parent?

The majority of the time when a child enters DSS custody, the child's biological/adoptive parents should continue to serve as the child's IDEA Parent. There are circumstances when someone else may serve that role instead. Those circumstances differ depending on whether it is the court or the CDSA/LEA making the decision:

• Court Order:

  • The judge overseeing the child welfare case has broad discretion to appoint someone to serve as the IDEA Parent based on who is in the child's best interest.  

• CDSA/LEA:

  • For a CDSA/LEA to use an individual other than the child's biological/adoptive parent, the CDSA/LEA must determine that the biological/adoptive parent cannot be identified or cannot be located. In circumstances when there are multiple people eligible to serve as IDEA Parent, the CDSA/LEA may choose an individual other than the biological/adoptive parent when the CDSA/LEA determines that the biological/adoptive parent is not attempting to exercise their early intervention or special education rights. 

What is the purpose of the Who Can Serve as IDEA Parent?

The Who Can Serve as IDEA Parent worksheets are designed to help determine who can make special education decisions for the child. There is a version to be completed jointly by the DSS child welfare worker and the GAL volunteer, and another version for use by the Local Educational Agency (LEA). 

Who should complete the Who Can Serve as IDEA Parent - DSS/GAL worksheet?

The Who Can Serve as IDEA Parent - DSS/GAL worksheet is expected to be completed jointly by the DSS child welfare worker and GAL volunteer. 

When should the Who Can Serve as IDEA Parent - DSS/GAL worksheet be completed?

The DSS child welfare worker and GAL volunteer should complete the Who Can Serve as IDEA Parent - DSS/GAL worksheet at each of the following times:

• When the child first enters DSS custody;

• Before each placement change; and

• Before each court hearing. 

  • When the worksheet is completed before each court hearing, it should be submitted as an attachment to the DSS Court Summary or GAL Court Report at every hearing. 

Every time the worksheet is completed, the updated version should be sent to a CMS-DSS Educational Liaison.

Does the Who Can Serve as IDEA Parent Worksheet need to be completed for every child in DSS custody?

No. The Who Can Serve as IDEA Parent Worksheets should only be completed for these groups of children:

• Children suspected to need early intervention services;

• Children who receive early intervention services (these children will have an Individualized Family Service Plan (IFSP));

• Children suspected to need special education services; and

• Children who receive special education services (these children will have an Individualized Education Program (IEP)).

The worksheet does not need to be completed for a child with a Section 504 Plan, unless the child's team suspects that the child may need an IEP. 

The child resides outside of Mecklenburg County. Does the Who Can Serve as IDEA Parent - DSS/GAL Worksheet still need to be completed?

Yes, the Who Can Serve as IDEA Parent Worksheet - DSS/GAL Worksheet should be completed no matter where the child resides. 

The child is placed in a Psychiatric Residential Treatment Facility (PRTF). Does the Who  Can Serve as IDEA Parent - DSS/GAL Worksheet still need to be completed?

Yes, the Who Can Serve as IDEA Parent - DSS/GAL Worksheet should be completed if the child is receiving treatment in a PRTF. 

Who is not allowed serve as IDEA Parent?

In North Carolina, the following groups of people are not allowed to make early intervention or special education decisions for the child in their care:

• DSS child welfare workers

• GAL volunteers (NC GAL policy states they cannot serve as  IDEA Parent for the child they represent)

• Therapeutic foster parents 

• Residential placement providers (e.g., group home staff, PRTF staff)

It is considered a conflict of interest for these individuals to serve as IDEA Parent. 

What are Best Interest Determination (BID) Meetings and where can I learn more about them?

Fostering Connections to Success and Increasing Adoptions Act of 2008 (Fostering Connections) and the Every Student Succeeds Act (ESSA) require that every child remain in his or her school of origin unless a determination is made that it is not in his or her best interest. The decision as to what is in the child’s best interest takes place at a Best Interest Determination (BID) meeting. BID meetings shall occur whenever a child enters the nonsecure custody of a county child welfare agency and before any placement change. 

The DSS child welfare worker is responsible for scheduling the meeting, in collaboration with the Local Educational Agency (LEA). The LEA Point of Contact for the school of origin is to invite school staff, prioritizing those with the most knowledge about the child. Other participants in the meeting must generally include:

• • The child;

  • The current placement provider;

  • The biological or adoptive parents, guardians, or custodians;

  • Relatives of the child with perspective on which school the child should attend;

  • The GAL;

  • Also, if a child has, or is suspected to need, an IEP, then the child’s IDEA Parent; and

  • Any other significant people the child wishes to attend. 

In preparation for the BID meeting, the child welfare agency is to discuss the purpose of the meeting with the child, prepare the child, and assist the child in identifying a supportive adult to attend.

During the BID meeting, the team should consider all factors relating to a child’s best interest. The team must consider the appropriateness of the current educational setting and the proximity of the foster care placement. Other factors may include the considerations listed on the slide. The cost of transportation to the school of origin should not be considered when determining what is in the child’s best interest. The LEA must collaborate with DSS to develop and implement clear, written procedures governing how transportation to maintain children in their schools of origin will be provided, arranged, and funded for the duration of the time in foster care.

Additional resources, including the BID Meeting Form and its instructions, can be found at this website: https://ncfcep.uncg.edu/. 

What is supposed to happen when the outcome of a BID meeting is that the child changes schools?

When the outcome of the BID meeting is that the child will change schools, there are specific provisions under the Every Student Succeeds Act (ESSA) that apply:

• 1. The child must be immediately enrolled in the new school. There should not be a delay related to the child’s paperwork. Enrollment means more than being technically registered. Enrollment is defined as “attending classes and participating fully in school activities.”

  2. The new school must immediately request the child’s school records from the prior LEA, and those records should be transferred promptly.

  3. Within 30 days of the child’s enrollment in the new school, an Educational Services (ES) meeting should occur, scheduled by the DSS child welfare worker, and documented on the BID form. The purpose of the meeting is to ensure that the child has all required educational services and to discuss the child’s school transition. An Educational Services meeting should also be scheduled when there are concerns related to a child’s school performance that may require a change in schools.  

What is the Child Education Status form and when should it be completed?

The Child Education Status form provides a succinct overview of the child's current education status, needs, and extracurricular involvement. It must be completed by DSS within 7 days of a child’s initial placement in custody, updated within 7 days of a change in placement or a change in school, and then updated every 12 months. The document should reflect dates any revisions were made. A copy of this must be provided to each placement provider. For children who are not yet school-aged, this form should be used to document the child’s developmental needs.

What should be included about a child's education in the DSS Court Summary?

In Mecklenburg County, the DSS child welfare worker is expected to include the answers to the Education Bench Card questions in the education section of the Court Summary. A copy of the Education Bench Card is located in the "Important Documents" section of this website. If the DSS child welfare worker is requesting that the judge appoint an IDEA Parent, or modify an existing IDEA Parent order, that should be included in the recommendation Court Summary.