DOJ settlement underscores least restrictive setting obligations for foster youth with disabilities—coordination is key.
FARMINGTON HILLS, MI, UNITED STATES, February 19, 2026 /EINPresswire.com/ — The U.S. Department of Justice’s Civil Rights Division published a case summary describing a settlement focused on ensuring that foster children with disabilities receive education and services in the most integrated setting appropriate, rather than being unnecessarily educated in more restrictive institutional placements. You can read about it here.
While the facts of each matter are unique, DOJ settlements in this space generally emphasize a familiar compliance principle: students with disabilities should have access to education and related supports in community-based settings whenever appropriate, with individualized planning and documentation to justify more restrictive placements. The public case summary also underscores coordination responsibilities – education, child welfare, and service providers each play a role in ensuring students’ educational rights are not sidelined by placement changes.
When a student’s living placement changes, education plans can fracture: records get delayed, services pause, and “temporary” restrictive settings become the default. That creates risk for agencies and districts and, more importantly, creates lost learning time for the student. Clear inter-agency processes – records transfer, IEP implementation, enrollment timelines, and service continuity—are the operational controls that prevent that gap.
“Students shouldn’t lose access to appropriate education because systems don’t coordinate,” said Keith Altman, Founder and Managing Partner of K Altman Law. “The safest operational posture is to assume continuity obligations exist, document who is responsible for which step, and build timelines that make missed services the exception – not the norm.”
Families and guardians supporting a child in foster care or residential placements can take practical steps that often help:
• Request copies of the current IEP/504 plan and the last evaluation reports and keep a complete set.
• Ask – in writing – who is responsible for enrollment and who is responsible for delivering each service after a placement change.
• Confirm how transportation, related services, and assistive technology will be provided and by whom.
• Track missed services and request a written plan for make-up services when interruptions occur.
• If the child’s setting is changing again, request an IEP team meeting to plan for continuity.
About K Altman Law:
K Altman Law is a national education-focused law firm that represents students and families in special education, school discipline, and related civil rights matters, and supports clients in navigating school processes and inter-agency coordination issues that impact educational access.
Disclaimer:
This release is for general informational purposes only and does not constitute legal advice. Requirements and implementation practices vary by jurisdiction; outcomes depend on the specific facts and the applicable laws and policies.
Keith Altman
K Altman Law
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