Steven A. Greenburg Education Law
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Adopted children and special education matters

Legal issues regarding the adoption itself are not the only significant legal issues that can come up in relation to adopting a child. Another type that can arise for adoptive parents are issues related to their adopted child’s education. This could include matters regarding special education. Such matters can have many complexities and how they are addressed can have significant education impacts for an adopted child. 

Special education issues might be a particularly common thing for adoptive families to encounter. Laws barring special education programs at public schools from making birth history inquires put some limits on what research is able to be done on adopted children and special education. However, there have been some studies done on this topic, and such studies suggest that:

  • Adopted/foster kids have higher rates of learning disabilities.
  • Adopted/foster kids may have higher rates of being recipients of special education services.

Among the things parents of adopted children with special needs vary in is what type of schooling they opt for when it comes to their kids. For example, some send their children to public schools, while others opt to go the private school route.

Impactful special education issues can come up at both private and public schools, though the nature of navigating such issues can vary between these two types of schools. Thus, whether their child goes to a public or private school, adoptive parents of special need students here in California may want well-tailored legal guidance when legal issues related to special education come up regarding their child.

Source: St. Louis Public Radio, “Parents of adopted children navigate education challenges,” Ryan Delaney, March 19, 2017

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