Ensuring Educational Stability for Children in Foster Care - Best Interest Determinations and Immediate Enrollment

Oct 10, 2026

Uploaded by Sarah

Overview of federal requirements to ensure educational stability for children in foster care, including a timeline from federal guidance releases through ESSA implementation. Explains key ESSA provisions governing school of origin placement, best interest determinations, immediate enrollment in a new school without required documentation, and collaboration between LEAs and child welfare agencies to plan transportation and records transfer. Covers McKinney-Vento updates affecting eligibility and clarifies dispute, privacy, and points-of-contact responsibilities for effective joint implementation.

LanguageEnglish

CategoryHealthcare

FormatPDF

Pages36

Reading Time1 h 31 min

AccessFree to download

Educational Stability: A Timeline

October 2008 to December 2016

Key ESSA Provisions

School of origin

Immediate enrollment

McKinney-Vento Provisions

Effective dates and eligibility changes

Joint Guidance

Best Interest Determinations

Guidance Provisions

School of origin definition

Ensuring Educational Stability for Children in Foster Care: Best Interest Determinations and Immediate Enrollment August 24, 2016 TODAY’S PRESENTERS 􀂃 Stevi Steines Chief Deputy, Administration on Children, Youth and Families, U.S. Department of Health and Human Services 􀂃 Mary Myslewicz Casey Fellow, Office of Innovation & Improvement, U.S. Department of Education 􀂃 Lessons from the Field – Joan Rock, Resource Coordinator for Family Services, Vermont Agency of Human Services – Andrea Burton, Social Worker, Vermont Agency of Human Services – Amy Woolard, Attorney & Policy Coordinator, Legal Aid Justice Center – Patricia Popp, State Coordinator, Project HOPE-Virginia TODAY’S AGENDA 􀂃 Provide an overview of the federal framework for ensuring educational stability for children in foster care 􀂃 Unpack the Every Student Succeeds Act provisions related to best interest determinations and immediate enrollment 􀂃 Learn lessons from early implementation in Vermont and Virginia 􀂃 Q&A EDUCATIONAL STABILITY: A TIMELINE October 2008: The Fostering Connections to Success & June 2016: ED/HHS Foster Care December 2016: ESSA Foster Care Increasing Adoptions Act Guidance Released Provisions Take Effect December 2015: The Every Student Succeeds Act (ESSA) Aug./Sept. 2016: ED/HHS Foster Care TA Webinar Series KEY ESSA PROVISIONS 􀂃 Children in foster care remain in the school of origin, unless it is determined that it is not in his or her best interest 􀂃 If it is not in the child’s best interest to remain in the school of origin, the child must be immediately enrolled in the new school even if they don’t have the required documentation. 􀂃 LEAs must collaborate with child welfare agencies (CWAs) to develop and implement clear written procedures for how transportation will be provided, arranged, and funded for the duration of a child’s time in foster care. 􀂃 Each SEA must designate a point of contact (POC) for CWAs. LEAs must also designate a POC for CWAs if the corresponding CWA notifies the LEA, in writing, that it has designate a POC. MCKINNEY-VENTO PROVISIONS 􀂃 The phrase “awaiting foster care placement” will be removed from the McKinney-Vento Homeless Assistance Act’s definition of homeless children and youth. – For non-covered states, this change is effective 12/10/16 – For covered states--that is, States that define “awaiting foster care placement” in statute or regulations--this change is effective 12/10/17 􀂃 After the effective date, youth “awaiting foster careplacement” must be served under ESSA 􀂃 Some children in foster care may still be eligible for McKinney-Vento services (e.g., youth who are living in transitional shelters or motels) JOINT GUIDANCE | Table of Contents | | | --- | --- | | Educational Stability | Questions 1 – 9 | | School of Origin | Questions 10 – 11 | | Best Interest Determination | Questions 12 – 17 | | Dispute Resolution | Questions 18 – 20 | | Transportation | Questions 21 – 32 | | Immediate Enrollment/Records Transfer | Question 33 | | Points of Contact (POCs) | Questions 34 – 37 | | Student Data and Privacy | Question 38 | | Collaboration | Questions 39 – 40 | Access the joint guidance here: [http://www2.ed.gov/policy/elsec/leg/essa/edhhsfostercarenonregulatorguide. pdf](http://www2.ed.gov/policy/elsec/leg/essa/edhhsfostercarenonregulatorguide. pdf) Best Interest Determinations & Immediate Enrollment BEST INTEREST DETERMINATIONS ESSA REQUIREMENTS SEAs must provide assurances that: 􀂃 Children in foster care enroll or remain in the school of origin unless there is a determination that it is not in his or her best interest to attend the school of origin 􀂃 The best interest determination must be based on all relevant factors, including: – Appropriateness of the current educational setting – Proximity to the school in which the child is enrolled at the time of placement BEST INTEREST DETERMINATIONS GUIDANCE

FAQs

When must a child in foster care remain in the school of origin?

Children remain in the school of origin unless a determination is made that it is not in the child’s best interest to attend that school.

What happens if it is not in the child’s best interest to stay in the school of origin?

The child must be immediately enrolled in the new school, even if required documentation is not available.

How do McKinney-Vento provisions affect youth “awaiting foster care placement”?

The phrase “awaiting foster care placement” is removed from the definition of homeless children and youth; after the effective date, those youth must be served under ESSA, though some may still be eligible for McKinney-Vento services in specific living situations.

Oct 10, 2026

Uploaded by Sarah