Protecting the educational rights of students in foster care: Legal considerations for educational professionals

Abstract

According to a 2018 report by the United States Department of Health and Human Services, more than 400,000 students live in foster care. Among other obstacles to success, involvement in the child welfare system is associated with negative school outcomes, including school instability, disproportionate placement in restrictive special education settings, and risk of school disengagement. Educational professionals, such as teachers, administrators, school psychologists, counselors, social workers, and paraprofessionals, are positioned to help reduce risks of school failure and promote educational resilience for students in foster care by providing safe and supportive school services. When engaging in the provision of school-based services, there are several legal obligations which educators must follow in order to uphold the rights of students in foster care and promote student resilience. The purpose of this paper is to review the extant literature regarding educational professionals’ legal obligations when serving students in foster care. Actionable recommendations that increase the likelihood of student success are highlighted.