Legal Advocacy for Foster Youth in Education

Congruence Law, P.C. Ensures Educational Stability and Equal Access for Students in Foster Care

Children and teens in foster care face enormous challenges—but school shouldn’t be one of them. Under federal and state law, students in foster care have specific rights to educational stability, immediate enrollment, and full participation in school programs, regardless of their housing status or custody placement.

Yet these students are often left behind—bounced between schools, denied services, or treated as disciplinary problems rather than children in crisis. At Congruence Law, P.C., we represent foster youth and their advocates to ensure school systems do not add trauma to trauma.

Legal Protections for Students in Foster Care

Multiple federal laws protect the educational rights of foster youth, including:

➤ Every Student Succeeds Act (ESSA). Requires school districts and child welfare agencies to work together to ensure students in foster care remain in their “school of origin” unless a move is in their best interest.

➤ McKinney-Vento Homeless Assistance Act. Covers students in temporary or unstable placements, ensuring immediate enrollment, transportation, and access to services.

➤ Individuals with Disabilities Education Act (IDEA) & Section 504. Guarantee special education and disability accommodations, regardless of placement status.

➤ FERPA. Allows certain social workers or foster parents to access education records when acting as the child’s guardian or educational surrogate.

Common Violations We See

• Unlawful school transfers every time a placement changes

• Delays in enrollment or refusal to accept the student

• Loss of IEP or 504 services due to missing paperwork or staff turnover

• Denial of transportation to the school of origin

• Failure to appoint an educational surrogate when no adult can make school decisions

• Discriminatory discipline or push-out of students perceived as “difficult”

These aren’t just oversights—they’re often systemic failures that compound the instability of foster care.

What Schools Must Do

Under federal and state regulations, school districts must:

• Immediately enroll foster youth even without typical documentation

• Work with child welfare agencies to determine best-interest school placements

• Provide transportation to the school of origin, including across district lines

• Maintain educational records and services, including special education

• Appoint a surrogate parent if no responsible adult is available for IEP or education decisions

• Avoid discriminatory discipline and ensure access to the full range of school programs

What We Do at Congruence Law, P.C.

We help foster youth, social workers, and caregivers protect educational rights when school systems fall short. Our legal services include:

• Challenging illegal transfers or inappropriate school placements

• Demanding immediate enrollment and transportation

• Ensuring IEPs and accommodations are implemented consistently

• Pushing back against discriminatory discipline or denial of services

• Securing educational surrogates or guardianship support

• Filing state complaints, OCR filings, or civil claims where systemic barriers persist

We also support youth aging out of foster care, ensuring they can access diploma pathways, special education through age 21, and postsecondary supports.

What Schools Say—and How We Correct the Record

“We need proper documentation before enrollment.”→ Federal law requires immediate enrollment—paperwork can follow.

“That student moved—they’re no longer our responsibility.”→ Under ESSA, students in foster care may stay in their school of origin even across districts if it's in their best interest.

“We don’t know who has authority to make IEP decisions.”→ The district must appoint a surrogate parent—it’s not optional.

“They don’t qualify as homeless.”→ Foster youth are often categorically eligible for protections under McKinney-Vento.

Pitfalls to Avoid

• Letting school officials override child welfare decisions. Placement and educational stability decisions must be collaborative—not unilateral.

• Assuming foster youth automatically lose services when they move. IDEA and 504 protections follow the student.

• Delaying school re-entry after a placement change. Every day out of school is a legal and educational failure.

• Not seeking legal help when rights are denied. These students have powerful protections—we help enforce them.

Why Choose Congruence Law, P.C.

We believe every foster child deserves not only a safe home, but a stable and supportive school environment. Our legal advocacy ensures foster youth don’t become invisible in the education system. We fight to protect their rights, their dignity, and their path to a better future.

If you’re a foster parent, youth advocate, or student struggling with educational instability, contact us today:

education@congruencelaw.com or at 202-630-8141

Let us help you turn instability into support—and enforce the laws meant to protect our most vulnerable students.