Educational Advocacy for Children in Foster Care: A Kansas Resource Guide
For Foster, Kinship, and Adoptive Families
Educational advocacy for children in foster care can help protect school stability, access appropriate services, and keep learning needs from being overlooked. For children and youth who have experienced foster care, school may also be where the effects of placement changes, trauma, interrupted learning, disability, or changes in caregivers become especially visible.
Many do not realize that a child’s school experience can also have a huge impact on the stability of placement, which can in turn impact how a child’s case progresses. Repeated behavior incidents at school that may be related to trauma, if not identified, can impact how a child is cared for, what support services they receive, or whether they are repeatedly moved to a new foster home. Here are just some of the key challenges children in care face at school:
Trauma responses that look like behavioral issues but are actually coping mechanisms
Learning gaps from inconsistent schooling across multiple districts
Social difficulties stemming from attachment disruptions and peer relationship challenges
Executive function delays affecting organization, time management, and task completion
But there is good news! All of these challenges can be supported within the education framework. With the help of foster parents, a strong educational advocacy team for the child impacts more than just academic progress, but their mental, physical, and emotional well-being as well.
While everyone may recognize educational advocacy is important, it can be confusing—particularly when it comes to understanding who actually has authority to make educational decisions for a child.
Who can consent to a special education evaluation? Can a foster parent sign an IEP? What happens when a child's parents are unavailable? Can a child remain in the same school after moving foster homes? What services are available as a teenager prepares for employment or college? What decisions are medical, behavioral, or educational?
Families do not have to navigate these questions alone.
This guide provides an overview of educational decision-making and some of the resources available to children in foster care, children who have been adopted, and the adults supporting them.
1. Who Makes Educational Decisions for a Child in Foster Care?
When foster parents ask this question, they may receive several different answers from both case managers and school administrators. It can be complicated depending on where the child is in their case, and whether parental rights have been terminated.
Birth Parents
Placement in foster care does not, by itself, mean that a child's parents lose all rights to participate in their child's education. When parental rights remain intact, parents may continue to have important educational rights, including rights associated with special education. Kansas DCF policy provides that parents should be involved in the educational process unless they areunavailable.
Under Kansas law, a parent is considered "unavailable" for educational and special education decisions if their whereabouts are unknown, if repeated contact attempts for an IEP meeting fail, or if they are given notice but fail or refuse to attend and participate. A birth parent may also be considered unavailable if the identity of the parent(s) is unknown, the parental rights have been terminated, the parent(s) has abandoned the child, or no-contact court order exists. (K.S.A. 38-2218). A case management provider must make reasonable efforts to locate the parents and assist them in participating in educational planning.
Importantly, a parent who is difficult to reach, does not attend meetings, or is reluctant to participate is not automatically considered legally "unavailable." There is a difference between a parent who is unavailable and a parent who is unwilling to participate. A parent who is uncooperative in participating in the educational planning for the child, but who can be located (if the home is located within the state of Kansas) is not considered unavailable. If they fail to respond to the school's attempts to involve them in the student's educational process, a judge may determine the child meets the statutory guidelines and that the child is eligible for the appointment of an education advocate.
When a birth parent is deemed unavailable, an Educational Advocate can be appointed. (See Kansas DCF Policy 5257 – Education Advocates).
Foster Parents
Foster parents have the best day-to-day information about how a child is functioning. Their input with the educational providers is invaluable for a child’s academic progress and success at school. Foster parents generally have educational rights holder status, meaning they can:
Communicate regularly with teachers, sharing information about the child’s strengths and challenges.
Attend school meetings, parent-teacher conferences, sign permission slips, access school records
Monitor academic progress and set up academic tutoring
Help a child complete assignments, establish school routines
Notify the school of medical needs, mental health diagnosis, and treatment plans.
Ask questions about available services and request evaluation for additional support
Request written documentation of a child’s academic performance or behavioral/emotional concerns at school to share with the case team,
Help ensure that the child's educational needs do not get lost during placement transitions.
Participate in IEP, 504, and other planning meetings
Request educational information and updates to include in the court reportfor the judge and participants like the GAL and CASA
However, being a foster parent does not automatically make someone the legal decision-maker for every educational or special education decision.
When an IEP, special education evaluation, consent, or other formal decision is involved, families should consult the case management provider to determine who is legally authorized to act as the "parent" for special education purposes. This may differ when a parent is determined “unavailable” by law; or if parental rights have been terminated. Working with educational providers, a foster parent may bring the need for evaluation to the attention of the case management team, but may not be legally authorized to be the person to sign such documents. Even without the authority to sign all documents, they play an essential role in making the need known and getting the necessary support in place.
Child Welfare Case Managers
The child welfare case management provider has an important role in ensuring that a child's educational needs are addressed. Kansas DCF policy requires case management providers to assess and address educational needs, coordinate with schools, obtain educational records, address school stability and pursue special services when needs are identified or suspected. Those services may include an Education Advocate, IEP or 504 Plan, and Vocational Rehabilitation services. Foster parents and kinship caregivers should work closely with the case manager to assess educational needs and request additional services when needed.
The case manager's role in coordinating education should not be confused with automatically having the legal authority of a parent under special education law. (See Kansas DCF Policy 3236 – Education).
2. When Is an Education Advocate Needed?
Sometimes a child who needs special education services does not have a parent legally available to make those decisions. Kansas addresses this through the Education Advocate Program. The Kansas State Department of Education (KSDE) contracts with Families Together, Inc. to train Education Advocates and assist in locating advocates for eligible children.
Education Advocates are trained volunteers who step into the role of the parent for purposes of the special education process.
They are not the child's foster parent, guardian, case manager, or attorney. Their specific responsibility is to protect the child's educational rights in special education. They are invaluable to help make sure that all educational needs of the child are being addressed as a priority. They are an important part of ensuring the best outcome possible for a child’s academic progress. (See Kansas DCF Policy 5257). For children in foster care, the mental, physical, and behavioral needs often overlap with their educational needs and these can be addressed with the appropriate support plan (such as 504 or IEP) in school so their academic needs are met.
The Educational Advocate will:
Understand the child's strengths, challenges, and educational history.
Review the child's IEP, evaluations, and progress reports.
Participate actively in IEP meetings.
Give input about proposed educational services.
Agree or disagree with proposed special education actions when appropriate.
Communicate with teachers and other members of the school team.
Monitor the student's progress.
Participate in relevant disciplinary proceedings.
Advocate for the student's educational interests.
3. Who Is Eligible for an Education Advocate?
The program serves students ages 2-21 who are:
Are in the custody of the Kansas Department for Children and Families (DCF) or Kansas Department of Corrections (DOC) Juvenile Services; and
Are receiving special education services or need an initial evaluation to determine whether they qualify; and
Have parents who are unknown or unavailable, or whose parental rights have been terminated;
The child welfare case management provider makes the referral to Families Together, and individuals serving as Education Advocates are then appointed by KSDE. Foster parents can request that a case manager make a referral as well.
4. Educational Stability: A Child May Not Have to Change Schools When Placements Change
For children in foster care, educational advocacy involves more than special education. The Every Student Succeeds Act (ESSA) includes important protections intended to provide educational stability for children in foster care. When a child enters foster care or changes placements, the child's school should not automatically change simply because the child's residence has changed.
Federal and Kansas guidance emphasizes keeping children in their school of origin unless it is determined that remaining there is not in the child's best interest. The goal is to minimize educational disruption and allow children to maintain important relationships with teachers, friends, coaches, counselors, and other supportive adults. Transportation arrangements are also part of the school-stability requirements when remaining in the school of origin is determined to be in the child's best interest.
Best Interest Determination
When a placement change creates a question about whether the child should remain in the same school, a Best Interest Determination (BID) should consider the child's individual circumstances. Kansas DCF policy identifies considerations that can include:
Distance from the new placement to the school of origin.
The child's IEP or 504 services.
The child's preference.
Parent preference when parental rights remain intact.
The child's attachment to the school.
Placement of siblings.
School climate.
Availability and quality of educational services.
At minimum, Kansas DCF policy provides for participation by the Child Welfare Case Management Provider and the sending school's foster care point of contact or designee. Depending on the circumstances, additional participants can include the child, biological parents, placement provider, Guardian ad Litem, Education Advocate, DCF staff, CASA, and others with relevant knowledge. (See Kansas DCF Policy 5254 – Educational Stability).
If Changing Schools Is Necessary
If it is determined that changing schools is in the child's best interest, ESSA protections require immediate enrollment in the new school.
Enrollment should not be delayed because records normally required for enrollment—such as immunization records, proof of residency, or other documentation—have not yet arrived. The enrolling school should request the child's records from the prior school, and those records should be transferred promptly. (See KSDE, Ensuring Educational Stability for Children in Foster Care and Kansas Foster Care/ESSA guidance).
A Question Foster Parents Can Ask
When a child is placed in your home, don't assume the child must immediately enroll in the school assigned to your address. Ask the case manager:
"Has a Best Interest Determination been completed regarding whether this child should remain in their school of origin?"
Maintaining the same school may provide an important source of stability during an otherwise significant transition.
5. IEP or 504 Plan: What’s the Difference, and Is One Needed?
Many children in foster care may benefit from educational support because trauma, disability, interrupted schooling, and adverse childhood experiences can affect learning. An individual evaluation—not foster-care status alone—determines whether a student qualifies for an IEP or Section 504 plan. Placement changes or delayed evaluations can leave important needs unidentified.
Families often hear the terms IEP and 504 Plan used interchangeably, but they are not the same. Both can provide important protections for students with disabilities, but they come from different federal laws and serve somewhat different purposes.
| Comparison | IEP | Section 504 Plan |
|---|---|---|
| Law | Individuals with Disabilities Education Act (IDEA) | Section 504 of the Rehabilitation Act |
| Primary purpose | Provides special education and related services | Protects access to education and prevents disability discrimination |
| Eligibility | A student meets IDEA eligibility requirements and needs specially designed instruction | A student has a disability that substantially limits a major life activity |
| Typical support | Specially designed instruction, services, and accommodations | Accommodations and equal access |
| Examples | Specialized reading instruction, speech or occupational therapy, and behavioral services | Extended testing time, breaks, accessible seating, and other accommodations |
| Often best suited for | Students who need changes in instruction or curriculum | Students who can use the standard curriculum with appropriate supports |
When Should a Family Ask Questions?
If a child is struggling significantly in school, a caregiver might ask:
Is there a pattern to the child's academic difficulties?
Could a disability be affecting the child's learning?
Has the child previously had an IEP or 504 Plan?
Have previous evaluations or school records been obtained?
Should the school conduct an evaluation?
Does the child need accommodations? Does the child need specialized instruction?
Are trauma, behavioral health needs, disability, or interrupted education affecting school performance?
An important first step for children entering a new placement is obtaining and reviewing their existing educational records rather than starting over. Kansas DCF policy specifically identifies IEPs and 504 Plans among the special services that should be pursued when a need is identified or suspected. (Kansas DCF Policy 3236 – Education.)
When a student qualifies, a Section 504 plan addressing needs associated with a condition such as PTSD can substantially improve access and participation at school.
6. Transition Planning: Preparing for Life After High School
Educational advocacy should not end with helping a student graduate. For students with disabilities, the IEP process should intentionally prepare them for what happens after high school. In Kansas, beginning at age 14, and updated annually, an IEP must contain appropriate measurable postsecondary goals based on age-appropriate transition assessments related to:
Education or training.
Employment.
Independent living skills, when appropriate.
The IEP must also address the transition services and appropriate course of study necessary to help the student work toward those goals. Whenever possible, the student should become an increasingly active participant in their own IEP and transition planning. This is particularly important for youth in foster care, who may be preparing for adulthood without the same long-term family support available to many of their peers.
7. Pre-Employment Transition Services (Pre-ETS)
Kansas Pre-Employment Transition Services, or Pre-ETS, can be an important resource for students with disabilities preparing for employment and adulthood. It is important to be aware that “disabilities” may include documented diagnosis like ADHD and PTSD.
Kansas Rehabilitation Services provides Pre-ETS to help students with disabilities ages 14–21 explore postsecondary education and employment opportunities. Five major areas of Pre-ETS include:
Job Exploration Counseling – helping students identify interests, strengths, careers, and employment possibilities.
Work-Based Learning Experiences – opportunities such as job shadowing, internships, workplace experiences, and other exposure to employment.
Counseling on Postsecondary Education and Training – helping students understand college, technical education, training programs, and disability supports available after high school.
Workplace Readiness Training – developing skills such as communication, workplace behavior, financial literacy, independent living skills, and understanding employer expectations.
Instruction in Self-Advocacy – teaching students to understand their rights, communicate their needs, request accommodations, and participate in decisions affecting their future.
Pre-ETS is especially important to explore before a student leaves high school. Foster and adoptive parents can ask the student's IEP team, school transition coordinator, case manager, or Kansas Rehabilitation Services whether a referral would be appropriate.
8. Kansas Vocational Rehabilitation
Some students may also qualify for services through Kansas Vocational Rehabilitation (VR) after they graduate high school. This is important for youth who are preparing to age out of foster care, or youth impacted by foster care who are adopted.
Vocational Rehabilitation focuses on helping people with disabilities prepare for, obtain, maintain, or advance in employment. Depending on eligibility and individual needs, VR services can work alongside transition planning and may provide supports beyond those available through Pre-ETS. A case manager helps prepare an Individual Plan for Employment (IPE). Support may include assistance paying for college, vocational training, assistive technology, or paying for medication.
A student may potentially have both Pre-ETS and VR involvement when services need to be coordinated. For youth approaching adulthood, families should consider asking about VR before high school graduation rather than waiting until services through the school end.
9. Where Can Kansas Families Go for Help?
Families Together, Inc.
Families Together is an excellent first resource for families who have questions about special education.
Resources include:
Education Advocate Program.
Special education information.
IEP resources.
Individual family consultation.
Resources for transition-age youth.
Training for families and Education Advocates.
Guide to Special Education for Families and Education Advocates.
Families Together supports Kansas families and transition-age youth with disabilities and/or special health care needs. Visit Families Together, Inc. for special-education and Education Advocate resources.
Kansas State Department of Education (KSDE)
KSDE provides information and guidance concerning:
IDEA and special education.
IEPs.
Parent rights.
Secondary transition.
Foster care educational stability.
ESSA requirements.
Visit the Kansas State Department of Education for special-education guidance.
Kansas Department for Children and Families
DCF and its Child Welfare Case Management Providers coordinate educational needs for children in state custody.
DCF also administers Kansas Rehabilitation Services, including Vocational Rehabilitation and Pre-Employment Transition Services. Visit the Kansas Department for Children and Families for child-welfare and rehabilitation resources.
Disability Rights Center of Kansas
The Disability Rights Center of Kansas is Kansas' protection and advocacy organization for people with disabilities and can be a resource when questions involve disability rights, discrimination, access, or legal protections. Visit the Disability Rights Center of Kansas for disability-rights information and advocacy.
Kansas Legal Services
Kansas Legal Services provides civil legal assistance to qualifying Kansans and may be a resource when a family needs legal guidance concerning education or other related legal issues. Visit Kansas Legal Services for information about civil legal assistance.
10. A Practical Educational Advocacy Checklist
For foster, kinship, and adoptive parents, educational advocacy can start with a few simple questions.
Do I know which school the child attended before coming to my home?
Has a decision been made about whether remaining in the school of origin is in the child's best interest (also called a Best Interest Determination)?
Have the child's complete educational records been obtained?
Does the child currently have an IEP or 504 Plan?
Has the child previously received special education or related services?
Do I know who currently has legal authority to make special education decisions?
If the child's parents are unavailable, has the case manager determined whether an Education Advocate referral is needed?
Are the child's current teachers aware of existing accommodations and services?
Is the child making appropriate academic progress?
Are behavioral or emotional challenges interfering with learning?
If the child is approaching adolescence, has transition planning begun?
For a student with a disability age 14 or older, have we explored Pre-ETS?
As the student approaches adulthood, should we explore Vocational Rehabilitation or other adult services?
Does the child know how to participate in and eventually advocate for themselves in educational decisions?
Start With the Right Question
Educational advocacy does not mean that foster or adoptive parents have to become experts in special education law. It means knowing enough to recognize when a child may need help—and knowing who to ask next.
Children who have experienced foster care may have many adults involved in their lives. Educational advocacy helps make sure that among all those adults, someone is consistently paying attention to the child's learning, stability, strengths, needs, and future.
That advocacy can make a lasting difference. Educational advocacy affects more than just academic performance—it affects their mental, physical, and emotional stability.
11. Frequently Asked Questions
Can a foster parent sign an IEP in Kansas?
A foster parent may participate in meetings and provide essential information, but foster-parent status alone does not automatically authorize every special-education decision. Ask the child welfare case management provider and school to confirm who is legally authorized to act as the parent for IDEA purposes.
Who can request a special-education evaluation?
Caregivers can raise concerns and ask the school and case team to consider an evaluation. The person authorized to provide formal consent depends on the child’s circumstances and applicable law.
Can a child in foster care remain in their school of origin?
Often, yes. A Best Interest Determination should address whether remaining in the school of origin is appropriate. If the child changes schools, federal protections generally require immediate enrollment and prompt transfer of records.
What is a Kansas Education Advocate?
An Education Advocate is a trained volunteer appointed to protect an eligible child’s rights in the special-education process when a legally available parent cannot fulfill that role.
Does trauma automatically qualify a child for an IEP or Section 504 plan?
No. Eligibility is based on an individual evaluation and the effect of a disability on education or a major life activity. Trauma-related conditions may support eligibility when the applicable legal criteria are met.
Important Information
This guide provides general educational information and is not legal advice. Laws, policies, eligibility rules, and program details can change. Families should confirm current requirements with the child’s case management provider, school, Kansas DCF, KSDE, Families Together, or a qualified attorney.
