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22 Child L. Prac. 1 (2003-2004)

handle is hein.journals/chilawpt22 and id is 1 raw text is: AN Ch.,.ild Law Practice Vol. 22 No. 1 March 2003 Helping Lawyers Help Kids Education Law Primer for Child Welfare Professionals (Part One) by Kathleen McNaught Anyone in the child welfare system in a position to address the educational needs of children in foster care can be an advocate. This can include parents, parent attorneys, caseworkers, child attorneys and advocates, foster parents, agency attorneys, and role everyone in the system can play article in this series in the November L aws can be powerful tools for you, as advocates, to meet the educational needs of children in foster care. However, like any tools, if you don't know how to use them, they don't provide much help. This article highlights federal laws and cases related to education, and provides practice tips for advocates in the child welfare system to better serve the educational needs of children and obtain access to needed school programs and services. This article appears in two parts. Part one includes key laws relating many others. For more insight into the in educational advocacy, see the first 2002 issue of CLP. to the right to education, school records and information, children with disabilities, and school disci- pline. Part two addresses laws relat- ing to educating three special popu- lations: homeless children, young children, and teenagers; and relevant provisions from the No Child Left Behind Act. RIGHT TO EDUCATION State laws create the right to a public education for children in this coun- try.1 All states require that children of certain ages attend school.2 Most states' laws provide criminal sanc- tions for parents whose children do not regularly attend school.' From this requirement to attend school, children obtain the right to attend school, if they are within the re- quired ages.4 Federal law applies to the educa- tion of children in two ways. First, most federal laws related to educa- tion have financial incentives at- tached to encourage state compli- ance. States receive significant fed- eral support in educating the chil- dren of their state if they comply with these laws. Second, federal law E-mail: childlawpractice@staff.abanet.org applies through the U.S. constitu- tion. While the constitution does not require states to provide public edu- cation for children, it does require that if states create a right to public education, the provision of that education must not violate the constitution.5 Practice Tips * Ensure children in foster care receive the same right to an education as all children. * Use the laws discussed in this article to benefit children in foster care in your state. * Learn which laws have specific (Continued next page) What's Inside: 3 CASE LAW UPDATE 11 HEALTH MATTERS The Impact of HIPAA on Child Abuse and Neglect Cases 14 RESEARCH IN BRIEF Children's Suggestibility: New Test May Prove Useful in Legal Investigations 15 POLICY UPDATE Parents Adopting Special Needs Children Eligible for Flat Tax Credit 16 ABA Supports New Uniform Acts * Internet: http://www.abanet.org/child

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