I 

114TH CONGRESS 

1ST SESSION H. R. 3087 

To amend the Elementary and Secondary Education Act of 1965 to assure 

educational stability for children in foster care, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 16, 2015 

Mr. DANNY K. DAVIS of Illinois (for himself and Ms. BASS) introduced the 

following bill; which was referred to the Committee on Education and the 

Workforce, and in addition to the Committee on Financial Services, for 

a period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Elementary and Secondary Education Act 

of 1965 to assure educational stability for children in 

foster care, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Education Stability 

5 for Foster Youth Act’’. 


smartinez on DSK4TPTVN1PROD with BILLS
2 

•HR 3087 IH

1 SEC. 2. EDUCATIONAL STABILITY FOR FOSTER CHILDREN. 

2 (a) STATE PLANS.—Section 1111(b) of the Elemen3 tary and Secondary Education Act of 1965 (20 U.S.C. 

4 6311) is amended by adding at the end the following: 

5 ‘‘(11) ENSURING COLLABORATION FOR CHIL6 DREN IN FOSTER CARE.—Each State plan shall de7 scribe the steps a State educational agency will take 

8 to ensure collaboration with the State agency re9 sponsible for administering the State plans approved 

10 under parts B and E of title IV of the Social Secu11 rity Act (42 U.S.C. 621 et seq., 670 et seq.) to en12 sure the educational stability of children in foster 

13 care, including assurances that— 

14 ‘‘(A) any such child is enrolled or remains 

15 in such child’s school of origin unless a deter16 mination is made that it is not in such child’s 

17 best interest to attend the school of origin, 

18 which decision shall be based on all factors re19 lating to the best interest of the child, including 

20 consideration of the appropriateness of the cur21 rent educational setting and the proximity to 

22 the school in which the child is enrolled at the 

23 time of placement; 

24 ‘‘(B) when a determination is made that it 

25 is not in the best interest of such child to re26 main in the school of origin, such child is immeVerDate Sep 11 2014 00:44 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3087.IH H3087

smartinez on DSK4TPTVN1PROD with BILLS
3 

•HR 3087 IH

1 diately enrolled in a new school, even if such 

2 child is unable to produce records normally re3 quired for enrollment; 

4 ‘‘(C) the enrolling school shall immediately 

5 contact the school last attended by any such 

6 child to obtain relevant academic and other 

7 records; and 

8 ‘‘(D) the State educational agency will des9 ignate an employee to serve as a point of con10 tact for child welfare agencies and to oversee 

11 implementation of the State agency responsibil12 ities required under this subparagraph, and 

13 such point of contact shall not be the State’s 

14 Coordinator for Education of Homeless Chil15 dren and Youths under section 722(d)(3) of the 

16 McKinney-Vento Homeless Assistance Act (42 

17 U.S.C. 11432(d)(3)).’’. 

18 (b) LOCAL PLANS.—Section 1112(c)(1) of the Ele19 mentary and Secondary Education Act of 1965 (20 U.S.C. 

20 6311(c)(1)) is amended— 

21 (1) in subparagraph (N), by striking ‘‘and’’ 

22 after the semicolon; 

23 (2) in subparagraph (O), by striking the period 

24 at the end and inserting ‘‘; and’’; and 

25 (3) by adding at the end the following: 


smartinez on DSK4TPTVN1PROD with BILLS
4 

•HR 3087 IH

1 ‘‘(P)(i) collaborate with the State or local 

2 child welfare agency and, by not later than 1 

3 year after the date of enactment of the Edu4 cation Stability for Foster Youth Act, develop 

5 and implement clear written procedures gov6 erning how transportation to maintain children 

7 in foster care in their school of origin when in 

8 their best interest will be provided, arranged, 

9 and funded for the duration of the time in fos10 ter care, which procedures shall— 

11 ‘‘(I) acknowledge that children in fos12 ter care needing transportation to the 

13 school of origin will promptly receive trans14 portation in a cost-effective manner and in 

15 accordance with section 475(4)(A) of the 

16 Social Security Act (42 U.S.C. 675(4)(A)); 

17 and 

18 ‘‘(II) ensure that, if there are addi19 tional costs incurred in providing transpor20 tation to maintain children in foster care 

21 in their schools of origin, the local edu22 cational agency will provide transportation 

23 to the school of origin if— 

24 ‘‘(aa) the local child welfare 

25 agency agrees to reimburse the local 


smartinez on DSK4TPTVN1PROD with BILLS
5 

•HR 3087 IH

1 educational agency for the cost of 

2 such transportation; 

3 ‘‘(bb) the local educational agen4 cy agrees to pay for the cost of such 

5 transportation; or 

6 ‘‘(cc) the local educational agency 

7 and the local child welfare agency 

8 agree to share the cost of such trans9 portation; and 

10 ‘‘(ii) designate a point of contact if the 

11 corresponding child welfare agency notifies the 

12 local educational agency, in writing, that the 

13 agency has designated an employee to serve as 

14 a point of contact for the local educational 

15 agency.’’. 

16 SEC. 3. REPORT ON IMPLEMENTATION OF EDUCATIONAL 

17 STABILITY OF CHILDREN IN FOSTER CARE. 

18 Not later than 2 years after the date of enactment 

19 of this Act, the Secretary of Education and the Secretary 

20 of Health and Human Services shall submit to Congress 

21 a report on the implementation of sections 1111(b)(11) 

22 and 1112(c)(1)(P) of the Elementary and Secondary Edu23 cation Act of 1965 (20 U.S.C. 6311(b)(11) and 

24 6312(c)(1)(P)), including the progress made and the re25 maining barriers. 


smartinez on DSK4TPTVN1PROD with BILLS
6 

•HR 3087 IH

1 SEC. 4. DEFINITION OF HOMELESS CHILD OR YOUTH. 

2 (a) IN GENERAL.—Section 725(2)(B)(i) of the 

3 McKinney-Vento Homeless Assistance Act (42 U.S.C. 

4 11434a(2)(B)(i)) is amended by striking ‘‘or are awaiting 

5 foster care placement;’’. 

6 (b) EFFECTIVE DATE.—The amendment made by 

7 subsection (a) shall take effect beginning on the date that 

8 is 1 year after the date of enactment of this Act. 

Æ 


smartinez on DSK4TPTVN1PROD with BILLS