My Child Is in Foster Care or a Group Home

Children in foster care move more than almost any other group of students — and every move risks disrupting their education. Federal law recognizes this and builds in real protections for educational stability. Here’s what matters.

The core principle: stay in school, even when home changes

The Fostering Connections to Success and Increasing Adoptions Act requires child welfare agencies to work with schools to keep a child in foster care in the same school when their living placement changes — as long as staying is in the child’s best interest.

This was strengthened further by the Every Student Succeeds Act (ESSA), which requires that when a student enters foster care or experiences a change in foster care placement, they remain enrolled in their school of origin unless a best-interest determination concludes a change is better for the child. If a school change is the right call, the student must be enrolled in the new school without delay — no waiting period, no missing records used as an excuse.

This applies to every child in foster care enrolled in a Louisiana public school — it doesn’t matter whether the specific school receives Title I funding.

Who makes the “best interest” decision

The school of origin decision is supposed to be a collaborative one between the school, the child welfare agency, and — to the extent appropriate — the child and family. If you disagree with a decision being made about your child’s school placement, say so in writing and ask for the basis of the decision.

Records transfer: what can move, and how fast

Frequent school changes mean records often lag behind a child — which can delay everything from class placement to special education services. The Uninterrupted Scholars Act amended FERPA specifically to address this.

Under the Uninterrupted Scholars Act, schools may (this is permissive, not mandatory) disclose a student’s education records — without parental consent — to a caseworker or other representative of a child welfare agency, when that agency is legally responsible for the child’s care and protection under state law. This is meant to let caseworkers get the information they need quickly to support school stability, without waiting on a consent process that may not be realistic given the family’s circumstances.

This exception only applies when the agency is legally responsible for the child in foster care placement — it doesn’t extend to children receiving other child welfare services who are not in foster care.

FERPA privacy still applies — it’s not unlimited access

Foster care placement doesn’t erase FERPA. A few things to know:

• A biological or legal parent does not automatically lose their FERPA rights just because a child enters foster care — they may still be able to request records, unless parental rights have been terminated or there’s a safety reason to withhold location information
• If parental rights are terminated, FERPA rights tied to that parent end as well
• Schools can’t release records simply because someone says they’re a caseworker — there are still requirements about who is requesting and why
• Sensitive details like a child’s current location may need to be withheld even from a parent, if disclosure would create a safety risk

Surrogate parent rights

If a child with a disability in foster care doesn’t have a parent available to make educational decisions — including IEP decisions — a surrogate parent must be appointed to act in that role. This is a real right, not optional. If your child is in foster care and has, or may need, an IEP, and there’s no parent available to participate in that process, ask the school directly: “Has a surrogate parent been appointed?”

When districts must stay consistent

If your child transitions between grade levels — for example, moving from elementary to middle school — while in foster care, the same school-of-origin and best-interest principles apply to the transition, not just to mid-year moves. The goal of federal law throughout is minimizing disruption, whether the change is sudden or scheduled.

What to do if stability isn’t happening

1. Ask directly who is making the school placement decision and on what basis
2. Request the best-interest determination, and any supporting reasoning, in writing
3. If your child has an IEP and no surrogate parent has been appointed, raise this immediately using the IEP Meeting Request template
4. If records aren’t transferring promptly and it’s affecting your child’s placement or services, use the Procedural Violation Documentation Letter

This page is for informational purposes only and does not constitute legal advice. Laws change — always verify with a licensed attorney for your specific situation.