ESSA: Excerpts Related to Foster Care Enrollment

• Every Student Succeeds Act (ESSA) excerpts related to Title 1 Part A foster care enrollment provision

ESEA Section 1111(g)(E)(i-iv) — State Agency Requirements

…(E) the steps a State educational agency will take to ensure collaboration with the State agency responsible for administering the State plans under parts B and E of title IV of the Social Security Act (42 U.S.C. 621 et seq. and 670 et seq.) to ensure the educational stability of children in foster care, including assurances that—

1. (i) any such child enrolls or remains in such child's school of origin, unless a determination is made that it is not in such child's best interest to attend the school of origin, which decision shall be based on all factors relating to the child's best interest, including consideration of the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement;

2. (ii) when a determination is made that it is not in such child's best interest to remain in the school of origin, the child is immediately enrolled in a new school, even if the child is unable to produce records normally required for enrollment;

3. (iii) the enrolling school shall immediately contact the school last attended by any such child to obtain relevant academic and other records; and

4. (iv) the State educational agency will designate an employee to serve as a point of contact for child welfare agencies and to oversee implementation of the State agency responsibilities required under this subparagraph, and such point of contact shall not be the State's Coordinator for Education of Homeless Children and Youths under section 722(d)(3) of the McKinney-Vento Homeless Assistance Act (42 U.S.C.11432(d)(3));

ESEA Section 1112(c)(5)(A, B) — District Assurances

(c) Assurances.—Each local educational agency plan shall provide assurances that the local educational agency will…

1. (5) collaborate with the State or local child welfare agency to—

   1. (A) designate a point of contact if the corresponding child welfare agency notifies the local educational agency, in writing, that the agency has designated an employee to serve as a point of contact for the local educational agency; and

   2. (B) by not later than 1 year after the date of enactment of the Every Student Succeeds Act, develop and implement clear written procedures governing how transportation to maintain children in foster care in their school of origin when in their best interest will be provided, arranged, and funded for the duration of the time in foster care, which procedures shall—

      1. (i) ensure that children in foster care needing transportation to the school of origin will promptly receive transportation in a cost-effective manner and in accordance with section 475(4)(A) of the Social Security Act (42 U.S.C. 675(4)(A)); and

      2. (ii) ensure that, if there are additional costs incurred in providing transportation to maintain children in foster care in their schools of origin, the local educational agency will provide transportation to the school of origin if—

         1. (I) the local child welfare agency agrees to reimburse the local educational agency for the cost of such transportation;

         2. (II) the local educational agency agrees to pay for the cost of such transportation; or

         3. (III) the local educational agency and the local child welfare agency agree to share the cost of such transportation

Last Updated: May 30, 2017