Can I request an IEP for a child in foster care?

If a resource family suspects their child requires an IEP, they need approval from the child’s educational rights holder to make any decisions regarding the child’s education. The bio parent must approve IEP assessments, or the family must get a court order to remove the educational rights and give them to another person such as a relative, the foster parent, a Court Appointed Special Advocate (CASA), or their attorney (it cannot be the social worker).

But resource parents can still start those conversations, even if it’s only for a student study team. If a resource family feels that the child has immediate needs at school that are not being met, they can communicate these needs to the child’s social worker, who can then inform the court.

Learn more about the process in our full article about supporting educational needs of kids in foster care.