Published in Children’s Voice, Volume 35, Number 1

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by Sharon Dunlevy

Children in foster care are disproportionately affected by unmet educational needs. From trauma and school instability to delayed evaluations and disciplinary missteps, the road to academic success is filled with barriers. The Individualized Education Program (IEP) process, governed by the Individuals with Disabilities Education Act (IDEA, 2004), provides a legal and practical framework for supporting these children. Yet too often, caregivers and caseworkers are left out of the conversation or unsure of how to initiate and navigate this critical process. In this article, we seek to demystify the IEP process with actionable guidance tailored to the realities of foster care.

Understanding the Foundation: IDEA and FAPE
The IDEA mandates that all public schools—including charter schools in most states—that receive federal funding identify, evaluate, and serve eligible students with disabilities. This includes children in foster care. One of the law’s central promises is Free Appropriate Public Education (FAPE), which ensures that each eligible student receives individualized instruction and related services at no cost to the family.

IEPs are the mechanism for delivering FAPE. They are not one-size-fits-all; each plan must be tailored to the student’s specific educational and functional needs. This is especially vital for children in foster care, who often face developmental delays, emotional disturbance, or trauma-related learning challenges that may qualify them for services.

How to Recognize a Need for an IEP
Caregivers and caseworkers are often the first to notice warning signs. If a child in care is failing to meet developmental or academic milestones, struggles with behavior, or appears disengaged, it may be time to request an evaluation. Many children in foster care enter new schools without complete records, making it easy for signs of learning differences to be overlooked.

In many cases, the impacts of trauma may meet the criteria for an IEP under the category of “Other Health Impairment” (OHI). Trauma can manifest as chronic inattention, heightened emotional reactivity, or difficulties with executive functioning, all of which can adversely affect a child’s alertness and stamina in school (National Child Traumatic Stress Network, 2020). If a child’s trauma history significantly limits their ability to participate in the general education environment, schools are required to consider an OHI classification under IDEA’s eligibility guidelines. Caregivers and caseworkers should advocate for comprehensive evaluations that explore how trauma may be influencing the child’s academic and behavioral functioning, even if a formal mental health diagnosis has not yet been made.

Trust your instincts. IDEA guarantees a “zero reject” policy, meaning that schools are obligated to evaluate any child suspected of having a disability that affects learning.

Requesting an Evaluation
The first step is to submit a written request for a special education evaluation. While school staff can initiate this process, caregivers and caseworkers can, and should, make this request directly. Include the child’s name, areas of concern, and a brief description of observed challenges. Some states may require an additional form, but a signed, dated letter is the foundation.

Importantly, the Response to Intervention (RTI) process cannot be used to delay or deny an evaluation (U.S. Department of Education, 2011). Once the request is received, the school has a specific timeline (typically 60 calendar days) to complete the evaluation.

Independent Evaluations: What if the School Says No
If the school refuses to evaluate or determines the child does not qualify for an IEP, caregivers can request an Independent Educational Evaluation (IEE) at public expense. This second opinion, typically conducted by a private psychologist or specialist, can be pivotal in securing services. The district must either agree to pay for the IEE or prove in a hearing that its own evaluation was appropriate.

What an IEP Includes
Once eligibility is confirmed, the IEP team, which includes caregivers, caseworkers, educators, and specialists, meets to develop a plan. Key components include:

  • Present levels of academic achievement and functional performance
  • Measurable annual goals
  • Specific special education and related services
  • Participation in general education settings (Least Restrictive Environment)
  • Accommodations for assessments
  • Transition planning by age 14, addressing life skills, job readiness, and post-secondary goals

 

IEPs must reflect the child’s actual needs, not the school’s available resources. Don’t be afraid to ask for assistive technology, speech or occupational therapy, counseling, or other services.

 

Sharon Dunlevy, MA, DMin, is an educational advocate, trainer, and founder of Foster Care Training Today. Learn more at www. fostercaretrainingtoday.com.