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13000 Education for Children

CPS September 2026

Education contributes to the overall well-being of a child emotionally and socially, as well as academically. Positive school experiences can help children overcome some of the effects of abuse and neglect and offer children real hope in successfully transitioning to adulthood.

DFPS is committed to ensuring children in care receive the best educational services and programs to meet their needs.

13100 The Role of DFPS in Ensuring Education Stability and Success

CPS September 2026

All children in DFPS conservatorship who are at least 5 years old and younger than 21 years old on the first day of September of any school year must be educated according to the requirements discussed in detail in the following policy, unless an exception is granted.

This education requirement ends when a youth graduates from high school.

DFPS and SSCC caseworkers must coordinate with local schools and school districts to ensure that the child remains in the same school the child was attending at the time of the initial placement or any subsequent placement change, unless it is not in the child’s best interest to remain in that school.

Fostering Connections, 42 United States Code (USC) 675

If the child must change schools, DFPS or the SSCC caseworker must enroll the child within two days in an appropriate school in the same school district, if possible, or in the school that is most able to meet the child’s needs.

If the child changes schools, DFPS or the SSCC caseworker ensures all of the child’s education-related records are provided to the new school within 30 days.

Texas Education Code §25.002(g)

13110 When a Child Is in a Parental Child Safety Placement (PCSP) or an Emergency Shelter

CPS September 2026

If the child is in a parental child safety placement (PCSP) or an emergency shelter, the child may be eligible for services under the McKinney-Vento Homeless Education Act.

The DFPS caseworker or CPI investigator must instruct the caregiver to contact the school district’s McKinney-Vento liaison for available services.

For more information about the McKinney-Vento Homeless Education Act, see the Education for Children Resource Guide.

13200 School Options for Children

CPS September 2026

Children in DFPS conservatorship must do one of the following, unless an exception is granted:

  • Attend a public early childhood education program or pre-kindergarten program.
  • Attend a public school that is accredited by the Texas Education Agency (TEA). (An open-enrollment charter school is a type of public school.)
  • Be educated in a home setting.

Children with disabilities must be educated in the least restrictive environment.

13210 Early Childhood Education Programs for Children

CPS September 2026

Early Childhood Intervention (ECI) is a statewide program that provides services to families with a child with a disability or developmental delay, from birth to age 3.

See Early Childhood Intervention Services on the Health and Human Services (HHS) website for information.

A child younger than age 3 must be referred to ECI if a DFPS or SSCC caseworker, a family member, or a caregiver suspects that the child meets any of the following criteria:

  • Has a disability.
  • Has a developmental delay.
  • Shows signs of being affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure.

Time frames for referring a child to ECI vary according to the stage of service of the child’s case in IMPACT.

However, if the DFPS or SSCC caseworker suspects a developmental delay or disability, the child must be referred within two business days, regardless of the stage of service.

Time Frame for Referral at the Alternative Response (AR) Stage

If the CPI investigator suspects the child has a disability or developmental delay during Alternative Response (AR), the CPI investigator must refer the child to ECI within two business days of identifying the need.

Time Frame for Referral at the Investigations Stage

If the CPI investigator suspects the child has a disability or developmental delay during the investigation, the CPI investigator must refer the child to ECI within two business days of identifying the need.

Time Frame for Referral at the Family-Based Safety Services (FBSS) Stage

Within 10 business days after the case is transferred to the FBSS unit with a finding of Abuse or neglect substantiated (Reason to Believe), the FBSS caseworker must refer all designated victims under 3 years of age to ECI for screening.

If the FBSS caseworker or family suspects a child who is not a designated victim has a disability or developmental delay during the FBSS case, the child must be referred to ECI within two business days of identifying the need.

Exception: If the CPI investigator referred the child to ECI during the Investigations stage, FBSS does not refer the child again to ECI, to avoid duplicate referrals.

Time Frame for Referral at the Conservatorship Stage

If a child under age 3 is in DFPS conservatorship and is eligible for STAR Health, the DFPS or SSCC caseworker does not make a referral to ECI until the child has had a screening with a STAR Health provider. The STAR Health provider will refer the child to ECI if applicable.

When Immediate Intervention Is Necessary at the Conservatorship Stage

If the DFPS or SSCC caseworker suspects the child has a disability or developmental delay and the child’s condition requires intervention before the child’s initial or next Texas Health Steps exam, the DFPS or SSCC caseworker must do both of the following:

  1. Consult with the supervisor.
  2. Refer the child to ECI within two business days of identifying the need.

Procedure for Making a Referral

The DFPS or SSCC caseworker must complete Form 0789 Referral to ECI and send the completed form to the local ECI provider.

If a DFPS or SSCC caseworker or family member refers a child to ECI, he or she must document the referral on the Services and Referrals page.

Subsequent Referrals

If a DFPS or SSCC caseworker identifies additional needs in a child who has already been screened by ECI or has received ECI services, the DFPS or SSCC caseworker must make a new referral to ECI for screening within two business days of identifying the need.

Duplicate Referrals

To avoid making duplicate referrals of a child to ECI during a case, DFPS or SSCC caseworkers in subsequent stages of the case must check the Services and Referrals pages of previous stages to see whether the child has already been referred to ECI before making a referral.

The DFPS or SSCC caseworker must make a referral, as required in the policy above, if all of the following apply:

  • A case is closed in which the child was referred to ECI.
  • The family is reported again for alleged abuse or neglect.
  • It appears that the child still needs ECI services.

In this instance, the referral is not considered a duplicate referral.

13211 Head Start Programs

CPS September 2026

The DFPS or SSCC caseworker provides the caregiver with the appropriate Form 2085 when the child is placed with the caregiver.

If a Head Start or Early Head Start program is not available in the local community or not appropriate for the child, the caregiver notifies the DFPS or SSCC caseworker, who must document the information in the case file.

For more information on Head Start, see the Education for Children Resource Guide, under Head Start.

13212 Early Childhood Special Education (ECSE)

CPS September 2026

Children ages 3, 4, and 5 with disabilities may be eligible for the Early Childhood Special Education (ECSE) program offered through local public schools. The caregiver or the DFPS or SSCC caseworker must contact the special education director at the local public school for assessment and eligibility.

13220 Education in a Home Setting

CPS September 2026

Home Schooling during the Investigation and Family-Based Safety Services (FBSS)

DFPS has no authority to direct parents of a child who is not in substitute care to enroll a child in public school. At no time shall a DFPS or SSCC caseworker direct parents who homeschool their children to discontinue that practice.

Home Schooling during the Conservatorship (CVS) Stage

A caregiver is allowed to provide educational services in a home setting unless one of the following applies:

  • A court order specifically prohibits the education of the child in a home setting.
  • The court finds, at a hearing, that education services delivered in the home setting are not in the best interest of the child because they do not meet the child’s academic and social needs and goals.
  • DFPS determines that federal law requires another school setting.

Texas Family Code §263.0045

If the caregiver notifies the DFPS or SSCC caseworker that the caregiver wants to educate the child in the home, the DFPS or SSCC caseworker must consult with the regional education specialist.

13221 Regional Education Specialist Review

CPS September 2026

If the caregiver wants to educate the child in the home, the DFPS regional education specialist must review the proposed home school program to determine whether all of the following apply:

  • It meets the child’s academic and social needs and goals.
  • It is consistent with the federal requirement that a child remain in the school the child was attending at the time of removal or placement change unless it is not in the child’s best interest to remain.
  • For a child who receives special education services, the child’s individualized education program (IEP) can be carried out in the home environment.

If the proposed home school program does not meet the child’s academic and social needs, the DFPS regional education specialist notifies the DFPS or SSCC program director. The program director directs the DFPS or SSCC caseworker to request a court hearing to ask the court to issue findings that the child must be enrolled in the local public school.

13230 Exceptions to Standard Schooling Options for Children and Youth Ages 5 Through 21

CPS September 2026

The DFPS or SSCC caseworker must submit a written request for approval of an exception to the standard schooling requirements. The request should be sent to the DFPS Child-Specific Contract (CSC) Standard School Exception (SSE) mailbox.

13231 Private School or Boarding School

CPS September 2026

The DFPS or SSCC caseworker must request a written Exception to Standard Schooling if the caregiver asks to enroll the child in a private school or boarding school. The written request should be sent to the DFPS CSC SSE mailbox for review. See 13236 Requesting an Exception to Standard Schooling and the Education for Children Resource Guide, under Private School or Boarding School.

If the caregiver has assumed tuition payments for a child attending a private school, and the placement is disrupted, the DFPS or SSCC caseworker must make arrangements with the caregiver to continue tuition payments until a semester break. This allows the child to meet course requirements for high school graduation or progress to the next grade.

13232 General Equivalency Diploma (GED)

CPS September 2026

A student may be allowed to pursue and earn high school completion through a GED test.

To request an exception to the requirement for standard schooling to allow the youth to complete a GED, the caseworker follows procedures in 13236 Requesting an Exception to Standard Schooling.

13233 Texas Virtual School Network (TxVSN) and Virtual Schools

CPS September 2026

The DFPS or SSCC caseworker must request a written Exception to Standard Schooling if the caregiver asks to enroll the child in a full-time online school program. The written request should be sent to the DFPS CSC SSE mailbox. See 13236 Requesting an Exception to Standard Schooling and the Education for Children Resource Guide, under Texas Virtual School Network (TxVSN) and Virtual Schools.

13234 Education Services for Children in Nursing Homes or Hospitals or Who Are Homebound

CPS September 2026

If a child’s physician and the school’s admission, review, and dismissal (ARD) committee agree that the child is too medically fragile to attend school, the DFPS or SSCC caseworker must contact the regional education specialist to arrange for the school to provide education services for the child in the hospital or nursing home or at home.

See the Education for Children Resource Guide, under Education Services for Children in Nursing Homes or Hospitals or Who Are Homebound.

13235 Education Services for School-Age Children Who Are Placed Out-of-State

CPS September 2026

School-age children in DFPS conservatorship who are placed outside Texas must do one of the following:

  • Attend an educational program accredited by the education agency for the state in which the child is placed.
  • Be educated in a home setting.
  • Have an approved exception.
13235.1 Paying Out-of-State Tuition

CPS September 2026

Some states allow local school districts or cities to charge tuition for non-residents. When the issue of paying out-of-state tuition arises, the DFPS or SSCC caseworker must contact the DFPS regional education specialist. The DFPS regional education specialist must contact DFPS or SSCC Legal for assistance with Interstate Compact on the Placement of Children (ICPC) contracts.

13236 Requesting an Exception to Standard Schooling

CPS September 2026

The DFPS or SSCC caseworker, with the supervisor’s approval, must submit the request for an exception to standard schooling to the regional education specialist in memorandum format. The request may be sent electronically to the DFPS CSC SSE mailbox.

The memorandum must contain all of the following information:

  • Child’s name.
  • Child’s age.
  • Child’s address at current placement.
  • School that the child most recently attended.
  • A summary of the child’s educational background, including the child’s specific diagnosis or educational needs.
  • A brief commentary on why the requested educational setting is more appropriate or better meets the child’s educational needs than standard schooling.
  • A description of the requested school setting or program, including the curriculum, program accreditation, and the qualifications and training of the person or people providing or monitoring the education services.
  • Special education services and accommodations (if any) that may be necessary to meet the child’s educational needs.
  • A statement of how the child’s academic progress will be measured.
  • A statement of how the child will transition to a more appropriate school setting to meet his or her educational needs if the placement is disrupted or the child fails to make academic progress.

If the DFPS regional education specialist approves the exception, the DFPS caseworker must do all of the following:

  • Document the decision and any recommendations in IMPACT.
  • Maintain the school records.
  • Report progress in the child’s case file.
  • Record academic progress in IMPACT.
  • Provide a copy of all records required for the child’s education portfolio in the same manner as for a child attending standard schooling.

If the DFPS regional education specialist denies the request, the DFPS or SSCC caseworker, the supervisor, and the DFPS regional education specialist must consult with the regional conservatorship (CVS) or SSCC program director for a final decision.

13300 Enrollment, Records Transfer, and Withdrawal for Children Changing Schools

CPS April 2016

A child placed in foster care by an agency of the state or by a political subdivision may attend the public schools in the district in which the foster parents reside free of any charge to the foster parents or the agency. A residence requirement may not be used to prohibit a child from fully participating in any activity sponsored by the school district.

Texas Education Code §25.001(f)

13310 Time Frame for Completing the Child’s Enrollment

CPS April 2016

If it is not in the child’s best interest to stay in the same school after initial removal or a subsequent change in placement, a child in substitute care must be enrolled in a new school within two days of the removal or placement change.

The caseworker must:

  •  ensure that the child is enrolled in an appropriate TEA-accredited public school or receives education services in a home setting with academic programs to meet the child’s educational needs; and

  •  decide what school the child will attend that best meets the child’s educational needs and goals and that follows federal and state laws and requirements.

The caseworker may contact the school district foster care liaison and the regional education specialist to address barriers to immediate student enrollment, including, but not limited to:

  •  transportation issues;

  •  securing required documents;

  •  transfer of school records;

  •  immunizations; and

  •  designation of an education-decision-maker.

13320 A Child’s Temporary Absence From School

CPS April 2016

If a child has a temporary physical or mental condition that makes the child’s attendance in school impractical, the caseworker must notify the school in writing that the child is unable to attend school.

If the child’s physical or mental condition improves so that the child can attend school, the caseworker must ensure that the child immediately returns to school.

Texas Family Code §264.115

The caseworker must consult with the CPS regional education specialist to determine the most appropriate education services for the child during the temporary leave from school and upon the child’s return to school.

See also 4114 Required Factors to Consider When Evaluating a Possible Placement.

13330 Immunization Requirements

CPS April 2016

If a child in DFPS conservatorship has not had the necessary immunizations, the child can be provisionally enrolled if the child has begun the required immunizations.

Texas Education Code §38.001(e)

The caseworker must request that the healthcare provider or clinic check the state immunization registry (IMMTRAC), developed by the Texas Department of State Health Services (DSHS), to determine whether an immunization record for the child is on file.

If there is no immunization record for the child, the caseworker or caregiver must take the child to the healthcare provider or clinic to begin immunizations.

The caseworker must:

  •  provide the school with documentation that the immunizations have begun; or

  •  submit the immunization record to the school within 30 days.

The only exemptions from the immunization requirement are:

  •  documented medical grounds;

  •  reasons of conscience; or

  •  a parent’s active military status.

13340 Documents Required for Enrollment

CPS April 2016

In most cases, the caregiver enrolls the child in school and provides the school with the following documentation:

  •  the identity of the parent, legal guardian or legal authority (Form 2085 DFPS Placement Authorization establishes the identity of the person having legal authority to enroll the child in school, and Form 2085E Designation of Education Decision-Maker establishes the child’s education decision-maker);

  •  proof of the caregiver’s residence;

  •  proof of the child’s identity (the child’s birth certificate or another acceptable document);

  •  the child’s immunization records (see 13330 Immunization Requirements); and

  •  a copy of the child’s records from the school the child most recently attended, if the child has been previously enrolled in school.

All required school-related documents and records must be submitted to the school within 30 days of the child’s enrollment.

Texas Education Code §25.002(g)

13341 Court Order

CPS April 2016

In addition to the appropriate Placement Authorization form, some school districts also require a court order to enroll the child. In that case the caseworker must de-identify information not required for school enrollment.

13342 Education Decision-Maker Form

CPS April 2016

The Designation of Education Decision-Maker (Form 2085E) provides the school with contact information for the person who is responsible for making education-related decisions for the child, such as granting permission for the student to attend a school event, participating in teacher conferences, and assisting the student in selecting coursework.

See 13371 Designating an Education Decision-Maker.

13350 Requesting Transfer of School Records

CPS April 2016

Each school district in Texas has named a foster care school liaison to assist in enrolling and transferring records of students in foster care. See the Texas Education Agency (TEA) website for more information.

Caregivers or caseworkers must provide written requests to the school registrar to transfer records to another school. The school district has 10 working days to transfer records from the child’s previous school to the requesting school. School districts use a protected computer transfer system known as TREx to transfer school records between schools.

If a child in DFPS conservatorship transfers to a new school, the caregiver provides both the new and the previous school with the other school’s contact information, to facilitate prompt transfer of the child’s education records. The caseworker must ensure the new school has the withdrawal documentation from the previous school so that the child is given the correct classes and appropriate services.

13360 Withdrawing a Student from School

CPS April 2016

The caseworker must ensure the caregiver provides the school registrar with a written request to withdraw from the school and provide school records.

See the Education for Children Resource Guide, under Withdrawing a Student From School.

13370 Education Decision Making

13371 Designating an Education Decision-Maker

CPS September 2026

When the court appoints DFPS as a child’s managing conservator, the court gives DFPS or the SSCC the authority to make education decisions for the child. DFPS or the SSCC designates a person to make the day-to-day educational decisions for a child in conservatorship. State law requires that DFPS or the SSCC provide that person’s name to the court and to the child’s school.

Texas Family Code §263.004

An education decision-maker must be named for every child attending an education program, prekindergarten through grade 12, including a child in a non-standard school environment.

The DFPS or SSCC caseworker must consider who can best represent the child’s interests and educational needs and designate that person as the education decision-maker on Form 2085E Designation of Education Decision Maker.  

13371.1 Designating an Education Decision-Maker at Initial Placement

CPS September 2026

At the time of placement, the DFPS or SSCC caseworker must do all of the following:

  • Complete Form 2085E.
  • Provide the caregiver with a copy of the completed Form 2085E.
  • Ensure that the caregiver provides a copy of Form 2085E to the school.
  • File Form 2085E with the court within five days after the adversary hearing.
  • Upload a copy of Form 2085E into OneCase/neuDocs.
  • Place a copy of Form 2085E in the child’s education portfolio.
13371.2 Designating Changes to the Education Decision-Maker

CPS September 2026

The DFPS or SSCC caseworker must complete or update 2085E with current information at each of the following times:

  • At the beginning of each school year, if the child remains in the same placement and has the same DFPS or SSCC caseworker.
  • When the child’s placement changes.
  • When a different caseworker is assigned to the child.
  • When a new person is designated as the person who can make educational decisions for the child.
  • When a new person is designated as the surrogate parent.
  • When a surrogate parent is appointed for the first time.

The DFPS or SSCC caseworker must inform the court of changes in the education decision-maker or surrogate parent, if applicable, in the next permanency progress report.

The DFPS or SSCC caseworker must ensure that the updated Form 2085E is provided to the school immediately, but no later than the fifth day after the person is designated.

13372 Participating in Special Education Meetings and Decisions

CPS November 2018

The Individuals with Disabilities Education Act (IDEA) requires local school districts to involve parents in decisions about their child’s special education needs.

If a child in CPS care needs special education services, he or she is required to have a person who can act as his or her parent for meetings and decisions related to special education. Federal law (20 U.S. Code §1401(23)) defines “parent” for this purpose.

People Who Can Participate in Special Education Meetings and Decisions

If the child has a foster parent or kinship caregiver who is available and willing to make decisions about special education for the child, the foster parent or kinship caregiver can act as the child’s parent for the purpose of participating in meetings and decisions related to special education, such as the following:

  •  Admission, review, and dismissal (ARD) committee meetings.

  •  Decisions about the child’s special education eligibility, placement, and individualized education program (IEP).

This person may begin this role immediately. There is no waiting period.

If the child does not have a foster parent or kinship caregiver who can serve as the parent for this purpose, the child’s school or the court appoints a surrogate parent to fill this role. This occurs, for example, in the following situations:

  •  The child’s foster parent or kinship caregiver does not feel able to participate in meetings or decisions related to special education for the child.

  •  The child lives in a place where paid staff members are his or her daily caregivers, such as in a residential treatment center. 

The surrogate parent may be the child’s court appointed special advocate (CASA), a community member, a retired educator, or any other qualified person. However, the surrogate parent may not be the child’s caseworker or any other employee of any public agency that is involved in the child’s education or care.

The surrogate parent must consult with any person involved in the child’s education, including all of the following who are part of the child’s case:

  •  The child’s teachers.

  •  Caseworkers.

  •  Court-appointed volunteers, if applicable.

  •  Guardian ad litem, if appointed.

  •  Attorney ad litem, if appointed.

  •  Foster parent or caregiver.

If the school appoints a surrogate parent, the caseworker includes this information in Form K-908-2085-E Designation of Education Decision-Maker and files the form with the court no later than five days after the hearing at which the appointment occurs.

Training for People Who Will Make Special Education Decisions

If the person acting as the parent for meetings and decisions related to special education is the child’s foster parent or a surrogate parent appointed by the school or the court, that person completes a training program. He or she only needs to take this training once. He or she completes the training before the child’s next ARD meeting, if possible, but no later than 90 days after beginning to act as the parent for meetings and decisions related to special education.

If the child’s kinship caregiver will be the person attending meetings and making special education decisions, he or she may choose to complete this training, but it is not required.

For information on how to take this training, contact your education specialist.

More Information

For more information about this topic, see the following:

  •  The Education for Children Resource Guide, especially the sections called “The Education Decision-Maker” and “Surrogate Parents for Children With Disabilities.”

  •  Texas Education Code §29.015 and its subsection §29.0151.

  •  Texas Family Code §263.0025.

13373 Required Notification of School-Related Information

CPS April 2016

The caseworker has certain rights to access the child’s education records and receive notifications of certain events. For a list of these rights, see the Education for Children Resource Guide, under Required Notification of School-Related Information.

Notifications the Caseworker Must Make

The caseworker must:

  •  inform the child’s attorney ad litem, CASA volunteer, caregiver, and education decision-maker of any notification from the school regarding:

  •  the child’s disciplinary hearings,

  •  manifestation determination reviews,

  •  use of physical restraint and/or seclusion,

  •  truancy,

  •  suspension,

  •  expulsion, or

  •  removal to a Disciplinary Alternative Education Program (DAEP), or Juvenile Justice Alternative Education Program (JJAEP);

  •  inform the education decision-maker, the caregiver, or the surrogate parent, as applicable, of any education-related activities which involve Section 504 of the Rehabilitation Act and/or special education Admission, Review, and Dismissal (ARD) committee meetings, if known;

  •  provide the court with updated information at the next permanency hearing if there are changes in the education decision-maker or surrogate parent;

  •  ensure the school has been provided with the name and contact information of the education decision-maker and surrogate parent, if applicable;

  •  ensure the caregiver signs the annual directive to the school prohibiting the use of corporal (physical) punishment for the child in foster care and submits it to the school;

  •  update the Education Portfolio; and

  •  withdraw the student from school if the child is moving out of kinship or changing placement.

Caseworker Who Is Also the Education Decision Maker

A caseworker named as the education decision-maker must also perform all of the responsibilities listed in the Education for Children Resource Guide under Rights and Responsibilities of the Education Decision-Maker.

Notifications the School Must Make

The school is responsible for notifying the child’s educational decision-maker and caseworker of events that may significantly impact the education of the child.

For more information, see the Education for Children Resource Guide under Rights and Responsibilities of the School.

13373.1 Confidentiality

CPS April 2016

Both the caseworker and caregiver share responsibility for maintaining the confidentiality of the child’s information. For guidelines, see the Education for Children Resource Guide under Maintaining Confidentiality for Children and Youth While Enrolled in School.

The caseworker must never disclose the names of the perpetrators or the roles of the family members in the abuse and neglect history.

The caseworker must NEVER share:

  •  abuse or neglect history, unless directly related to the child’s education needs;

  •  the fact that the child was adopted;

  •  the name of the person who reported the abuse or neglect,

  •  CPS investigation details; or

  •  biological or foster family income.

13380 Education Records

13381 Creating a Child’s Educational Record

CPS April 2016

When a school-aged child is removed from his or her home of origin and DFPS is granted conservatorship, the caseworker must begin collecting education-related documents about the child.

All education documents for the child collected while the child is in conservatorship become a part of the child’s education records in the case file. Most of the education records are also included in a child’s Education Portfolio.

13382 Education-Related Documents Required for the Child’s Case File

CPS April 2016

The following information must be included in the child’s education record in the case file:

  •  education-related documentation entered into the IMPACT system;

  •  education components of the child’s service plan; and

  •  the child’s Education Portfolio.

The caseworker must keep the child’s education record up-to-date. At least quarterly, the caseworker must make copies of new documentation from the Education Portfolio and place the copies in the child’s case file.

13400 The Education Portfolio

CPS September 2026

When a school-age child (pre-kindergarten to grade 12) is removed from his or her home of origin and DFPS is granted conservatorship, the DFPS or SSCC caseworker must create a hard copy record containing all the key education documents regarding the child. The DFPS or SSCC caseworker must maintain these documents while the child is in conservatorship.

For general information on the Education Portfolio, see The Education Portfolio section in the Education for Children Resource Guide.

13410 Education-Related Documents Required for the Education Portfolio

CPS September 2026

While the Education Portfolio may not include all documents in the child’s education record in the case file, all documents in the Education Portfolio must also be included in the case file.

The DFPS or SSCC caseworker must gather the following education-related documents and include them in the child’s Education Portfolio.

Documents Required for All Children

All children’s Education Portfolios must contain:

  • Form 2085 Placement Authorization
  • Form 2085E Designation of Education Decision-Maker
  • Birth Certificate
  • Immunization Records
  • School records, transcripts, progress notes, and report cards
  • Personal Graduation Plans
  • Standardized education assessments
  • School correspondence
  • School pictures and school work
  • Certificates, awards, letters of achievement
  • Withdrawal notice from previous school

Additional Documents Required for Children Receiving Special Education Services

For children receiving special education services under the Individuals with Disabilities Education Act (IDEA) or accommodations under Section 504 for a disability that affects the child’s learning, the DFPS or SSCC caseworker must also include the following documents in the Education Portfolio and the child’s case file:

  • Referrals for a special education assessment or evaluation.
  • Admission, Review, and Dismissal (ARD) committee meeting notices and notes or minutes from those meetings.
  • The Full Individual Evaluations (FIE) or other educational assessments and evaluations completed by the school district.
  • The child’s individualized education program or plan.
  • The Behavior Intervention Plan (BIP).
  • Documentation of accommodation provided under Section 504.
  • The Individual Transition Plan for youth 14 years old and older.

13420 The Role of the Caseworker in Creating the Education Portfolio

CPS September 2026

The DFPS or SSCC caseworker must do all of the following:

  • Create an Education Portfolio at the time of the child’s removal for all children 3–21 years old, including children:
    • Attending public school pre-kindergarten programs.
    • Receiving education services in a home setting, online school, hospital, or nursing home.
  • Gather the child’s appropriate education records.
  • Include in the Education Portfolio copies of:
    • Form 2085 Placement Authorization.
    • Form 2085E Designation of Education Decision-Maker and Surrogate Parent.

13430 Time Frames for Delivering the Education Portfolio

CPS September 2026

The DFPS or SSCC caseworker must deliver the child’s Education Portfolio to the caregiver according to the time frames below.

  • For a child coming into conservatorship, the DFPS removal caseworker must deliver the Education Portfolio to the child’s caregivers at the time of placement.
  • For a child who turns 3 years old while in DFPS conservatorship, the DFPS or SSCC conservatorship caseworker must deliver the Education Portfolio to the child’s caregivers within five working days of the child’s birthday.
  • For a school-age child (pre-kindergarten through grade 12) who is in DFPS conservatorship and is changing placements, the DFPS or SSCC conservatorship caseworker must deliver the Education Portfolio at the time of the child’s placement.
  • For a school-age child (pre-kindergarten through grade 12) who is in DFPS conservatorship and is subject to an emergency change in placement for health and safety reasons, the DFPS or SSCC conservatorship caseworker must deliver the child’s Education Portfolio to the new placement within two working days.

13440 The Education Portfolio at Discharge from Conservatorship

CPS September 2026

When a child with an Education Portfolio is being discharged from DFPS conservatorship and the case is being closed, the DFPS or SSCC caseworker must do both of the following:

  • Review the Education Portfolio to be sure that it is complete.
  • Give the Education Portfolio to the child’s parent or managing conservator, or give it to the child, if the child is aging out of conservatorship.

13500 Discipline of Children in DFPS Conservatorship in School

13510 Requirement to Opt Out of Corporal Punishment

CPS September 2026

DFPS policy prohibits corporal punishment from being used on a child in DFPS conservatorship. The DFPS or SSCC caseworker directs the child’s caregiver or education decision-maker to submit the written, signed statement prohibiting the use of corporal punishment as a method of student discipline to the school district in the manner prescribed by the district’s policies. The written statement must be submitted at the beginning of each school year and at the time of any change in school placement.

Behavior Management in Schools

If a child in DFPS conservatorship is having behavior issues in school, the DFPS or SSCC caseworker must do all of the following:

  • Consult with the regional education specialist for guidance.
  • Consult with the child’s therapist, if appropriate.
  • Meet with relevant school personnel to develop a behavior intervention strategy for the child.
  • Propose alternate sanctions or strategies for dealing with a child’s behavior.

If the child’s inappropriate behavior continues or the school is suggesting physical discipline, the DFPS or SSCC caseworker must contact all of the following:

  • The regional education specialist
  • The school district’s school administration staff (principal or superintendent)
  • The education decision-maker
  • The caregiver

13520 Discipline Strategies and Restrictions for Children with Disabilities Who May Be Eligible for Special Education Services

CPS September 2026

If a child’s behavior is problematic in a school setting, the DFPS or SSCC caseworker refers to the child’s Individual Education Plan (IEP) or Behavior Intervention Plan (BIP) for examples of the positive interventions and strategies to be used. See Texas Education Code §37.0021.

If the possibility of referring the child for special education services has been raised, or if the child’s school performance suggests special education services may be appropriate, the DFPS or SSCC caseworker must contact the DFPS regional education specialist to discuss making a referral.

If there are concerns regarding the use of restraints, seclusion, or time-outs while the child is in an educational setting, the DFPS or SSCC caseworker must do all of the following:

  • Summarize the facts.
  • Consult with the DFPS or SSCC supervisor.
  • Consult with the regional education specialist, regional attorney, or attorney ad litem.

See the Education for Children Resource Guide.

13600 Role and Responsibilities of the Regional Education Specialist

CPS September 2026

The DFPS regional education specialist provides assistance and support to DFPS and SSCC staff. The DFPS regional education specialist must do all of the following:

  • Provide advice to internal and external stakeholders on resources to improve the educational outcome for children and youth in DFPS conservatorship.
  • Provide training to enable staff members to represent a child’s best interest in an educational setting.
  • Identify and provide information on educational services or resources in the region.
  • Help identify resources for specialized placement that meet the child’s educational needs.
  • Participate and provide information in case planning, transition planning, and permanency roundtable meetings to identify specific educational needs and services, as needed.
  • Attend as many Admission, Review, and Dismissal (ARD) meetings as possible for children and youth in DFPS conservatorship, and attend all ARD meetings that the DFPS or SSCC caseworker is unable to attend.
  • Act as a liaison with staff from Texas Education Agency (TEA), independent school districts (ISDs), school district foster care liaisons, Education Service Centers (ESC), and other program specialists with DFPS State Office.
  • Help DFPS and SSCC caseworkers resolve education issues with schools and providers, acting as a liaison with staff from DFPS’s Legal Division, as needed.
  • Develop training curriculum and train DFPS and SSCC  staff and foster parents.
  • Prepare and present training to internal and external stakeholders on education-related topics.
  • Develop and coordinate regularly scheduled regional consortiums with internal and external stakeholders to address education-related issues and concerns.
  • Provide regularly scheduled training and certification for interested stakeholders appointed as surrogate parents.
  • Work with regional DFPS and SSCC staff to ensure that children in the conservatorship of DFPS receive appropriate educational services and that each child’s case record includes a copy of the necessary education records.
  • Help coordinators associated with the Preparation for Adult Living (PAL) program develop transition plans for youth who are aging out of DFPS conservatorship.

Additional resources are available to caseworkers, caregivers and students. See the Education for Children Resource Guide under Education Resources.

13700 Referring a Child for a Special Education Assessment and Evaluation

CPS September 2026

A child is referred for a special education evaluation if the child’s school performance or behavior indicates the child might have a disability and could be eligible for special education services. A referral for a full and individual initial evaluation may be initiated by school personnel, the student’s parents or legal guardian, or another person involved in the education or care of the student. The DFPS or SSCC caseworker must ensure that consent is granted for the evaluation if the school requests the consent of the DFPS or SSCC caseworker, education decision-maker, or caregiver.

Texas Education Code §29.004(c)

The Individuals with Disabilities Education Act requires schools to provide services for children with certain disabilities. See the Education for Children Resource Guide.

13710 Obtaining Consent for Testing

CPS September 2026

The school is responsible for obtaining consent for a child to undergo psychological or educational assessment, or both, by a school diagnostician or a school psychologist. Such an assessment may qualify the child for special education services.

The school may ask DFPS or SSCC staff to consent to initial testing. The DFPS or SSCC caseworker must consent to the initial testing upon request.

Providing the Child’s Previous Assessments

Before the assessment is conducted, the DFPS or SSCC caseworker must provide a copy of the child’s most recent psychological evaluation to the school diagnostician or school psychologist, with all confidential information removed.

Confidential Information

The DFPS or SSCC caseworker reviews and removes any confidential information in psychological evaluations and other diagnostic assessments that is not relevant to meeting the child’s educational needs before DFPS or the SSCC provides the report to the school. The DFPS or SSCC caseworker must consult with the DFPS regional education specialist if there is a question about the relevance of certain information to the child’s educational needs.

After the Assessment

After the assessment is completed, the DFPS or SSCC caseworker must obtain a copy of the child’s Full Individual Evaluation (FIE) or the school’s psychological report on the child. The DFPS or SSCC caseworker must keep a copy of the report in the student’s case record and document obtaining the report in IMPACT. The DFPS or SSCC caseworker must consult with the supervisor, the DFPS regional education specialist, the child’s physician, or other health care professionals about any subsequent recommendations that are made.

13720 Denial of Services and Due Process

CPS September 2026

If a school district denies a request from a foster parent or surrogate parent to meet with the Admission, Review, and Dismissal (ARD) Committee to discuss special education services for a child, or if the district changes a child’s education program without first consulting with the ARD Committee, the DFPS or SSCC caseworker must do all of the following:

  • Submit a written request for services to the school district’s special education director or request an independent evaluation, or both.
  • Confer with interested parties, such as the:
    • Child’s guardian
    • Child’s attorney ad litem
    • Child’s surrogate parent
    • DFPS regional attorney
    • DFPS regional education specialist
    • DFPS State Office

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