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NCSL Child Welfare Policy Update
State Response to the Fostering Connections to Success Act of 2008
Educational Stability Provision


The Fostering Connections to Success and Increasing Adoptions Act of 2008 (H.R. 6893/P.L. 110-351) was signed on October 7, 2008. This law helps to: connect and support relative caregivers; improve the lives of children in foster care; support tribal foster care and adoptions; improve incentives for adoption and adoption assistance; provide states options for subsidized guardianship payments for relatives; provide assistance for kinship navigator programs and new family connection grants; and, provide federal support for young people up to age 21. To view a summary of the Act, click here.


Educational Stability Provision in the Fostering Connections Act of 2008:

 Each child’s state case plan must include:

  • assurances that the placement of the child in foster care takes into account the current educational setting and proximity to the school; 

    NCSL Chart of Educational Stability Provision  State Legislative Enactments 2009 - 2012

    an assurance that the state agency has coordinated with local educational agencies to ensure the child remains in school;
  • if remaining in such school is not in the best interests of the child, assurances by the state and local agencies to provide immediate enrollment and transfer of records to a new school; and
  • consider reasonable travel for the child to remain in his or her current school.  

In response to the Fostering Connections Act, at least 18 states introduced legislation related to the educational stability provision of the Act during the 2009 through 2011 legislative sessions. This legislation is summarized in the chart below, or click on the box above to go directly to the chart. 

Educating Children in Foster Care: State Legislation 2004 — 2007

Children and youth in foster care face significant challenges to positive educational experiences and academic achievement. Since the early 2000s, child welfare policy and practice have placed greateremphasis on meeting the educational needs of children and youth in foster care.2 A growing bodyof state legislation has addressed some of the key challenges to improving educational outcomes forchildren and youth in foster care.

This report, a companion to the National Conference of State Legislatures’ December 2003 report, Educating Children in Foster Care,4 reviews state legislation enacted between 2004 and 2007 to improvethe educational experiences and opportunities of children and youth in foster care. It also providesinformation on laws and policies regarding early learning and foster care which were not included inthe first report. The level of legislative interest indicates that education for children in foster care is agrowing and increasingly higher level legislative priority nationwide. 

Click here to link to the full report which reviews state legislation enacted between 2004 and 2007 to improve the educational experiences and opportunities of children and youth in foster care.   

             

EDUCATIONAL STABILITY PROVISION OF THE FOSTERING CONNECTIONS TO SUCCESS ACT OF 2008 

STATE

PROVISIONS (2012 | 2011 | 2010 | 2009)

  2012

California
SB 1568, Chapter 578

Requires a local educational agency to allow a former foster child to continue his or her education in a school of origin through the end of the highest grade maintained at that school.

Maryland
SB 605, Chapter 505

 

Companion bill to MD HB 757.  Determines that a child in state-supervised care may remain in their school of origin regardless of whether the child resides within a school’s geographic attendance area if it is in the child’s best interest.  The law provides that the local department of social services shall pay the cost of transportation of the child to the school. 

Washington
HB 2254, Chapter 163

 

Companion bill to WA SB 6374.   Enacts the educational success for youth and alumni of foster care act.  Requires the department of social and health services to contract with at least one nongovernmental entity to administer a program of education coordination for foster youth, birth through twelfth grade in Washington state.

 

 2011

Arkansas
SB 625, Act 591

Determines that each child in foster care be assisted so that the child can remain in his or her current school. Ensures that individuals directly involved in the care, custody, and education of a foster child shall work together to ensure continuity of educational services to the foster child.

Virginia  
SB 1038, Chapter 154

Allows a child placed in foster care to remain at his original school, if it is determined to be in his best interests. The bill requires the determination to be made in writing by the placing social services agency and the local school division together, and adds the school placement to the foster care plan.

 

 2010

Colorado
HB 1274, Chap. 271

 

Determines that for children in out-of-home placements, the Department of Human Services shall provide notification to the child welfare educational liaison of the pending enrollment in a public school. Establishes that the Department of Human Services and the Department of Education shall enter a memorandum of understanding that includes a consistent and uniform approach to sharing medical, mental health, sociological, and scholastic achievement data about students between a school district, charter school, or institute charter school and the county department of social services to better facilitate the creation of transition plans for those students and ensure the safety of the people in the school community. 

Connecticut
SB 31, P.A. 10-160

 

 

Establishes that whenever a child is placed in out-of-home care by the Department of Children and Families the child may continue to attend his or her school of origin. If it is determined that it is in a child's best interests to remain in his or her school of origin, the Department and the Board of Education shall collaborate on a transportation plan for the child from the town in which the child is placed to the school of origin. 

District of Columbia
B 578, Chap. 136

 

Amends the definition of case plan to include additional requirements for any child in foster care whose permanency plan is placement with a relative guardian and receipt of kinship guardianship assistance and to include a plan for ensuring the educational stability of a child in foster care. 

District of Columbia
B 1033, Chap. 586

 

Amends the definition of case plan to include additional requirements for any child in foster care whose permanency plan is placement with a relative guardian and receipt of kinship guardianship assistance and to include a plan for ensuring the educational stability of a child in foster care. 

Georgia
HB 1085, Chap. 469

 

Includes provisions ensuring the educational stability of the child while in foster care, including an assurance that the state agency has coordinated with appropriate local educational agencies to ensure that the child remains in the school in which the child is enrolled at the time of placement. 

Maine
SB 588, Chap. 508

 

Provides that a student placed by the Department of Health and Human Services with an adult who is not the child's parent or legal guardian in accordance with the educational stability provisions of the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 is considered a resident of either the school administrative unit where the student resides during the placement or the school administrative unit where the student resided prior to the placement based on the best interest of the student. The Department of Health and Human Services, in consultation with the school administrative units, shall determine which school is appropriate and notify that unit in writing of its determination. 

New Jersey
AB 2137, Chap. 69

Provides for educational stability of children placed in resource family homes, for an initial or subsequent placement, should remain in the schoolhe/she attended prior to placement, if this is in the child's best interest. 

Rhode Island
HB 8109, Chap. 636 Companion bill to SB 2872.  

 

Creates a special legislative commission to be known as "The Task Force in the Education of Children and Youth in the Care of the Department of Children, Youth, and Families," whose purpose it would be to make a comprehensive study of challenges to ensuring the educational stability and success of children and youth involved with DCYF from pre-K through college undergraduates, and who would report back to the General Assembly. 

Rhode Island
SB 2872, Companion bill to HB 8109.

Creates a special legislative commission to be known as "The Task Force in the Education of Children and Youth in the Care of the Department of Children, Youth, and Families," whose purpose it would be to make a comprehensive study of challenges to ensuring the educational stability and success of children and youth involved with DCYF from pre-K through college undergraduates, and who would report back to the General Assembly. 

South Carolina
 SB 1134, Chap. 214

 Provides that school districts shall take certain measures to help ensure that the education needs of children in foster care are met by assisting with enrollment, school records and credit transfers, access to resources and activities, and excused absence make-up requirements.

 

 2009

Florida
SB 1128, Chap. 35

 

Requires the Department of Education to access the Florida Safe Families network to obtain information about children known to the Department of Children and Family Services (DCFS). Determines that the DCFS, in placing children, must take into account the appropriateness of the current educational setting and the proximity of the placement to the school in which the child is enrolled at the time of placement, including coordinating with appropriate local educational agencies to ensure that the child remains in the school in which the child is enrolled at the time of placement.

Indiana
SB 365, Act. 131

Section 64: Establishes that a foster child's case plan must include a plan for ensuring the educational stability of the child while in foster care.

Iowa
SB 152, Chap. 120


Requires documentation of the educational stability of the child while in foster care.

Louisiana
HB590, Act 297

 

Requires public school governing authorities to ensure that children in foster care are allowed to remain enrolled in the same public schools in which they were enrolled when entering foster care. Provides that if the placement is outside the jurisdictional boundaries of the public school in which the child is enrolled, the governing authority of such school shall be responsible for providing free transportation for the child.

Missouri
HB 154

 

Creates a "Foster Care Education Bill of Rights" which designates an educational liaison from each school district to each child in foster care. Establishes that each child placing agency shall promote the educational stability for foster care children when making placement decisions by considering their current school attendance area. 

Oklahoma
HB 1734, Chap. 338

 

Creates a Passport Program in the Department of Human Services (DHS) to compile education, medical, and behavioral health records for children in protective custody, kinship care, and foster care. Determines that the Oklahoma Health Care Authority, the Department of Education, and the Department of Mental Health and Substance Abuse Services shall cooperate with DHS to establish the Passport Program. The Passport shall accompany each child to wherever the child resides so long as the child is in the custody of the Department.

Texas
SB 2248, Chapter 850

Establishes education transition assistance to a student in substitute care. This transition assistance includes ensuring that school records are transferred within a set timeframe and developing systems to ease the transition for the student during the first two weeks of enrollment at a new school.

Texas
SB 939, Chap. 1372

 

Requires the Texas Education Agency (TEA) and Department of Family and Protective Services (DFPS) to enter into a memorandum of understanding regarding the tracking of educational information about foster children because TEA currently codes and tracks homeless and at-risk children to ensure they achieve academic success.

Utah
HB 63, Chap. 161

 

Requires child placement agencies to consider educational stability for children in foster care. Allows a student to enroll in any charter school or other public school in any district, including a district where the student does not reside, if the enrollment is necessary, as determined by the Division of Child and Family Services, to comply with the provisions of the federal Fostering Connections to Success Act.

 

 

 

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