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.
Making Best Interests Decisions
Baker, Popp, & Kelly (2011)
Addresses how to make the best-interest determination, reviews the best-interest decision-making provisions of Fostering Connections and the McKinney-Vento Act, policy ambiguities and legislation introduced in a number of States, and ways to achieve productive work between agencies to implement the best-interest decisions. This workshop was presented at a conference co-sponsored by the Children's Bureau and the U.S. Department of Education. Workshop materials include the following:
- Workshop Video
- Making Best Interest Decisions (PPT - 1,160 KB)
- Immediate Enrollment of Child in Foster Care Form (DOC - 311 KB)
- Best Interest Determination for Foster Care School Placement Form (DOC - 541 KB)
- Foster Care & Education Issue Brief: School Stability Under Fostering Connections: Making Best Interest Decisions (August 2011); Best Interest Evaluation Form; and, Foster Care & Education School Stability Under Fostering Connections: State Laws and Policies Implementing School Placement Decisions (PDF - 142 KB)
- HB 3075: Motion and Order for Education Placement and Affidavit of Counsel (DOC - 34 KB)
- Senate Rules Committee Testimony in Support of HB 3075A (DOC - 43 KB)
- Juvenile Law Reader, Vol. 8, Issue 4 (August 2011/September 2011) (PDF - 991 KB)
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 (PDF - 72 KB)
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 (PDF - 67 KB)
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.