Federal law requires that children and youth entering foster care remain in the same school unless it is determined to be in the child's best interest to transfer to a different school. A State education agency, in collaboration with the State or Tribal child welfare agency, must ensure that local education agencies consider all factors relating to a child’s best interest, including appropriateness of the current educational setting and the proximity of the placement, when determining whether it is in a child’s best interest to remain in the school of origin. The following resources provide information about these determinations and how to support the education of children and youth in foster care.
How Can We Ensure Educational Success for Dependent Youth in Congregate Care? (PDF - 244 KB)
Association Center on Children and the Law, the Juvenile Law Center, & the Education Law Center (2014)
Provides frequently-asked questions and answers related to ensuring positive educational outcomes for youth in out-of-home care.
The Proper Guardians of Foster Children's Educational Interests (PDF - 201 KB)
Ryznar & Park (2010)
Loyola University Chicago Law Journal, 42(1)
Considers the benefits and consequences of Federal and State approaches in the context of parents' rights and the educational interests of children in foster care.
School Stability Under Fostering Connections: Making Best Interest Decisions Under Fostering Connections
American Bar Association Center on Children and the Law, Education and Law Center, & Juvenile Law Center (2011)
Focuses on how agencies should make the best-interest determination, including who they should engage in the decision, what factors they should consider, and how to resolve disputes.
School Stability Under Fostering Connections: State Laws and Policies Implementing School Placement Decisions
American Bar Association Center on Children and the Law, Education and Law Center, & Juvenile Law Center (2011)
Discusses the legislation, interagency collaborations, and other agreements needed to ensure school stability and prompt school transfers for children in care.
Special Education Decisions for Children in Foster Care: Everyone Has a Role (PDF - 56 KB)
Stotland, Stocco, Darr, & McNaught (2007)
ABA Child Law Practice, 26(2)
Discusses who can make decisions regarding education for children and youth in foster care and provides information about the Individuals with Disabilities Education Act and how the act affects decision-making.
Virginia Department of Education & Virginia Department of Social Services Joint Guidance on School Placement for Children in Foster Care
Virginia Department of Education & Virginia Department of Social Services (2010)
Provides guidance from two State agencies on making best-interests decisions for youth in out-of-home care.