Ensuring Educational Stability for Children 

in Foster Care: 

An Overview of the ED/HHS Joint 

Guidance

July 27, 2016
TODAY’S PRESENTERS

 Mary Myslewicz

Casey Fellow, Office of Planning, Evaluation, and Policy 

Development, U.S. Department of Education

 Kelly Fitzpatrick

Policy Advisor, Office of Planning, Evaluation, and Policy 

Development, U.S. Department of Education

 Stevi Steines

Chief Deputy, Administration on Children, Youth and Families, 

U.S. Department of Health and Human Services

 Kathleen McNaught

Project Director, Legal Center for Foster Care and Education, 

ABA Center on Children and the Law

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TODAY’S AGENDA

1. Provide an overview of the Fostering Connections to 

Success and Increasing Adoptions Act of 2008 and the 

Every Student Succeeds Act of 2015

2. Provide an overview of the HHS/ED joint guidance on 

ensuring educational stability for children in foster care

3. Highlight next steps for collaboration and 

implementation

4. Q&A

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CHILDREN IN FOSTER CARE

 Children in foster care are often a vulnerable and 

highly mobile student population

 Children in foster care typically make more unscheduled 

school changes than their peers in a given school year

 Compared to their peers, students in foster care 

experience:

– LOWER high school graduation rates

– LOWER scores on academic assessments

– HIGHER rates of grade retention, chronic 

absenteeism, suspensions, and expulsions

EDUCATIONAL OUTCOMES

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Legislative Framework
FOSTERING CONNECTIONS TO SUCCESS AND 

INCREASING ADOPTIONS ACT OF 2008

Title IV-B/IV-E agencies must make assurances that:

 The child’s placement takes into account the 

appropriateness of the current educational setting and 

the proximity to the school of origin;

 The agency has coordinated with local education 

agencies (LEAs) to ensure that a child in foster care 

remains in his or her school of origin if it is in the child’s 

best interest; and

 If remaining at the school of origin is not in the child’s 

best interest, the child is immediately enrolled in a new 

school and records are transferred to the new school

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EVERY STUDENT SUCCEEDS ACT OF 2015

 Reauthorizes and amends the Elementary and Secondary 

Education Act of 1965 (ESEA)

 Requires States to report on achievement and 

graduation rates for children in foster care

 Includes new foster care provisions that complement 

requirements in the Fostering Connections Act

– Emphasizes shared agency responsibility/decisionmaking

– All education stability provisions must be 

implemented by December 10, 2016

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Educational Stability 

Joint Guidance
JOINT GUIDANCE: AN OVERVIEW

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 

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Access the joint guidance here:

http://www2.ed.gov/policy/elsec/leg/essa/edhhsfostercarenonregulatorguide.pdf
BEST INTEREST DETERMINATIONS

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 

factors, including:

– Appropriateness of the current educational setting

– Proximity to the school in which the child is enrolled 

at the time of placement

ESSA REQUIREMENTS

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BEST INTEREST DETERMINATIONS

 SEAs and State CWAs should establish uniform 

guidelines for local agencies

 LEAs and local CWAs should collaborate to develop a 

joint process for making best interest determinations

 Should consider multiple student-centered factors

– Transportation costs should not be a factor

 Should consult child, if appropriate, and adults who have 

meaningful relationships with child

GUIDANCE PROVISIONS

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BEST INTEREST DETERMINATIONS

 If they can’t come to agreement, ultimate decision should 

reside with the CWA

 SEAs and LEAs should coordinate with CWAs to develop 

a dispute resolution process

 To the extent feasible and appropriate, a child must 

remain in his or her school of origin while awaiting a 

decision to reduce the number of school moves

GUIDANCE PROVISIONS

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TRANSPORTATION PROCEDURES

LEAs must provide assurances that they will collaborate with State or 

local CWAs to:

 Develop and implement clear written procedures for how 

transportation will be provided, arranged, and funded for the 

duration of the time in foster care

 Procedures must ensure that children will promptly receive 

transportation in a cost-effective manner in accordance with the 

Fostering Connections Act

 Ensure that, if there are additional costs incurred in providing 

transportation to the school of origin, LEAs will provide 

transportation if:

– The local CWA agrees to reimburse the LEA;

– The LEA agrees to pay the cost; or

– The LEA and local CWA agree to share the cost.

ESSA REQUIREMENTS

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TRANSPORTATION REQUIREMENTS

 Transportation must be provided in a “cost-effective” 

manner, so low-cost/no-cost options should be explored

 Even if an LEA doesn’t transport other students, it must 

ensure that transportation is provided to children in 

foster care consistent with procedures developed in 

collaboration with CWAs

 Transportation is an allowable use of federal funds, both 

under Title IV-E of the Social Security Act and Title I of 

the ESEA

 All funding sources should be maximized to ensure costs 

are not unduly burdensome on one agency

GUIDANCE PROVISIONS

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TRANSPORTATION REQUIREMENTS

 LEAs and CWAs should work together to agree on costs

 Transportation procedures should include a dispute 

resolution process if parties can’t come to agreement

 SEAs and State CWAs should develop uniform statewide 

guidelines and procedures

 A child must remain in his or her school of origin while 

any disputes regarding transportation costs are being 

resolved

GUIDANCE PROVISIONS

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IMMEDIATE ENROLLMENT

SEAs must provide assurances that:

 If it’s not in the child’s best interest to stay in his or her 

school of origin, the student must be immediately 

enrolled in the new school, even if the child is unable to 

produce records normally required for enrollment

 The enrolling school shall immediately contact the school 

last attended to obtain relevant academic and other 

records

ESSA REQUIREMENTS

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IMMEDIATE ENROLLMENT

 A child can’t be denied enrollment because they don’t 

have proper documentation

 Child should also be attending classes and receiving 

appropriate academic services

 SEAs and LEAs should review policies to remove barriers 

to immediate enrollment

GUIDANCE PROVISIONS

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POINT OF CONTACT (POC)

 SEAs must provide an assurance that they will designate 

a POC for CWAs

– POC cannot be the McKinney-Vento State 

coordinator for homeless youth

 LEAs must provide an assurance that they will designate 

a POC for the corresponding CWA, if the CWA notifies 

the LEA, in writing, that it has designated a POC

ESSA REQUIREMENTS

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POINT OF CONTACT (POC)

SEA POCs

 Should be designated as soon as possible

 Responsibilities should include monitoring LEAs and 

coordinating with the State CWA to issue state guidelines

LEA POCs

 Should be designated as soon as possible—even if local 

CWAs haven’t notified LEAs in writing

 Responsibilities should include coordinating with local 

CWAs to develop a process for implementation of ESSA 

provisions

BOTH SEA & LEA POCs

 Should have the capacity and resources to guide the 

implementation of the ESSA provisions

GUIDANCE PROVISIONS

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POINT OF CONTACT (POC)

STATE & LOCAL CHILD WELFARE POCs

 CWAs are not required to designate POCs but are 

highly encouraged to do so

– Local CWAs should send a letter to relevant LEAs as 

soon as possible identifying their POC

 Responsibilities include coordinating with SEAs and LEAs 

to develop a process for implementation

 Should serve as the primary POC between schools, 

families, and other service providers

GUIDANCE PROVISIONS

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EFFECTIVE COLLABORATION

To facilitate effective collaboration, SEAs, LEAs, and CWAs 

should:

 Establish a structure for collaboration at the local level

 Collaborate, as appropriate, across district, region, and 

State lines

 Cross-train staff on the complex needs of children in 

foster care and the importance of educational stability

 Establish formal mechanisms to ensure LEAs are notified 

when child enters care

 Build capacity to collect and use data to support 

outcomes for children in foster care

GUIDANCE PROVISIONS

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Access the joint guidance here:

http://www2.ed.gov/policy/elsec/leg/essa/edhhsfostercarenonregulatorguide.pdf
INSIGHT FROM THE FIELD

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www.fostercareandeducation.org

Twitter: @FosterEdSuccess
INSIGHT FROM THE FIELD

 Interagency collaboration is critical

 Designated staff (POCs) can be the key to successful 

cross-agency communication

 Data collection and information sharing drive reform

 Investment in students in foster care improves strategies 

for all students

 The court’s role in improved educational outcomes is 

critical

WHAT WE HAVE LEARNED SO FAR

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INSIGHT FROM THE FIELD

 Help raise the visibility of the ESSA foster care provisions

 Create a sense of urgency, given the timeline for 

implementation of key provisions (December 2016)

 Encourage the quick identification of POCs 

 At state level: develop guidance for local jurisdictions on 

processes needed to support implementation 

 At local level: begin discussions about the written 

procedures that need to be in place to address 

transportation by December 2016

 Determine need for additional technical assistance

WHAT NEEDS TO HAPPEN NOW

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Technical Assistance
JOINT ED-HHS WEBINAR SERIES

Webinar Topic Date

Points of Contact August 17, 2016

Best Interest Determination 

& Immediate Enrollment August 24, 2016

Transportation August 31, 2016

Dispute Resolution and 

Collaboration September 7, 2016

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All webinars will be held from 2 – 3 PM ET
QUESTIONS ABOUT IMPLEMENTATION?

SEAs & LEAs

 Send questions to ED’s ESSA mailbox: 

essa.questions@ed.gov

CWAs

 The Children’s Bureau (CB) provides technical assistance 

through the Capacity Building Center for States

– For additional information, reach out to your Center 

for States Liaison 

(https://capacity.childwelfare.gov/map)

CONTACT US!

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Questions?
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Thank you!