Education for Children in Foster Care Assurances

Title I, Part A, Education for Children in Foster Care Assurances

1. Foster youth referred in the following assurances are defined as youth under the care and placement of Title IV-E agency which includes Child Welfare and Probation. (Welfare and Institutions Code §11400(k); Title 45 Code of Federal Regulations §1355.20(a))
2. The local educational agency (LEA) will enroll foster youth or allow the foster youth to remain in their school of origin, unless a determination is made that it is not in the child’s best interest to attend that school. Best interest factors include, but are not limited to, appropriateness of the current educational setting and proximity to the school in which the child is enrolled at the time of placement. (20 United States Code (USC) §6311; Public Law (PL) 114-95, §1111(g)(1)(E)(i))
3. LEAs will ensure that if a determination is made that it is not in the student’s best interest to remain in the school of origin, the student will be immediately enrolled in a new school, even if the child is unable to produce records normally required for enrollment. (20 USC §6311; PL 114-95, §1111(g)(1)(E)(ii))
4. LEAs will immediately contact the school of origin to obtain relevant academic and other records. (20 USC §6311; PL 114-95, §1111(g)(1)(E)(iii))
5. LEAs will designate a point of contact (POC) if the corresponding child welfare agency notifies the LEA in writing that it has designated an employee to serve as a POC for the LEA. (20 USC §6311; PL 114-95, §1112 (c)(5)(A)
6. LEAs will collaborate with the state or local child welfare agency to, 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. 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 USC §675(4)(A)); and
   2. ensure that, if there are additional costs incurred in providing transportation to maintain children in foster care in their schools of origin, the LEA will provide transportation to the school origin if;
      1. the local child welfare agency agrees to reimburse the LEA for the cost of such transportation;
      2. the LEA agrees to pay for the cost of such transportation; or
      3. the LEA and the local child welfare agency agree to share the cost of such transportation. (20 USC §6312; PL 114-95; §1112(c)(5)(B))

Back to Legal Assurances