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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2801 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2801

  To provide children in foster care with school stability and equal 
                  access to educational opportunities.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           November 19, 2009

  Mr. Franken (for himself and Mrs. Murray) introduced the following 
  bill; which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL

 
  To provide children in foster care with school stability and equal 
                  access to educational opportunities.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Fostering Success 
in Education Act''.
    (b) Table of Contents.--The table of contents for this Act is the 
following:

Sec. 1. Short title; table of contents.
Sec. 2. Findings; sense of Congress.
Sec. 3. Purpose.
Sec. 4. Definitions.
Sec. 5. Regulations.
Sec. 6. Effective date.
        TITLE I--EDUCATIONAL RIGHTS FOR CHILDREN IN FOSTER CARE

Subtitle A--Required Educational Rights, Protections, and Services for 
                        Children in Foster Care

Sec. 101. Required educational rights, protections, and services for 
                            children in foster care.
Sec. 102. Remedies; rule of construction.
Sec. 103. Conforming amendments.
        Subtitle B--State Foster Care and Education Plan Grants

Sec. 111. State foster care and education plan requirements and grants.
Sec. 112. Subgrants.
Sec. 113. Responsibilities of the Secretary.
Sec. 114. Authorization of appropriations.
                TITLE II--SOCIAL SECURITY ACT AMENDMENTS

Sec. 201. Social Security Act amendments.

SEC. 2. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--Congress makes the following findings:
            (1) Educational success is vital to every young person's 
        well being, successful transition to adulthood, and economic 
        stability.
            (2) At the end of fiscal year 2007, approximately 500,000 
        children were in foster care in the United States, with nearly 
        800,000 children having spent at least some time in foster care 
        in the United States during the year.
            (3) Numerous studies have demonstrated that children in 
        foster care fall behind the general student population with 
        respect to test scores, graduation rates, and successful 
        transitions to postsecondary education.
            (4) Only one-third of high school students in foster care 
        graduate on time and only 3 percent of such students graduate 
        from college.
            (5) On average, children in foster care move to new foster 
        care placements 2 times per year, and often change schools when 
        they move.
            (6) Studies indicate that with each school move, children, 
        on average, fall 4 to 6 months behind their classmates. Because 
        foster children often change schools multiple times, it is 
        difficult for them to make significant educational progress.
            (7) Children in foster care are frequently denied the 
        ability to remain in the same school as a result of changes in 
        their living situations.
            (8) In addition, children in foster care who are required 
        to change schools are frequently denied immediate enrollment in 
        a new school, which results in detrimental disruptions to their 
        education.
            (9) Moreover, the enrolling school frequently does not have 
        access to the child's complete and accurate education records, 
        which often results in the child's placement in inappropriate 
        classes and educational settings.
            (10) When foster children change schools, they often have 
        difficulties transferring credits from previous schools and 
        meeting the new set of graduation requirements in their new 
        school.
            (11) In 2008, Congress enacted the Fostering Connections to 
        Success and Increasing Adoptions Act of 2008 (Public Law 110-
        351), which requires, among other things, child welfare 
        agencies to ensure that a child in foster care remains in the 
        same school after moving to a new placement or, when remaining 
        in the same school is not in the child's best interest, is 
        enrolled in a new school immediately, and that the child's 
        education records are transferred promptly. While the Fostering 
        Connections to Success and Increasing Adoptions Act of 2008 
        requires child welfare agencies to coordinate with local 
        educational agencies, the local educational agencies must play 
        a critical role in the process. Otherwise, the education 
        provisions of the Act cannot be fully implemented.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) in order to successfully meet the needs of the 500,000 
        children in foster care in the United States, State educational 
        agencies, local educational agencies, State child welfare 
        agencies, and local child welfare agencies must work together 
        at the Federal, State, and local level to--
                    (A) address the unique needs of this population; 
                and
                    (B) ensure school stability, immediate enrollment, 
                and access to appropriate services; and
            (2) such efforts will significantly increase the secondary 
        school graduation rates and improve educational outcomes for 
        children in foster care.

SEC. 3. PURPOSE.

    The purpose of this Act is to ensure that the educational needs of 
children in foster care are addressed in a seamless and complete manner 
by--
            (1) requiring the State educational agency of a recipient 
        State to work together with the State child welfare agency to 
        ensure that the educational needs of each child in foster care 
        in the State are being met;
            (2) requiring local child welfare agencies and local 
        educational agencies of a recipient State to work together to 
        ensure that the educational needs of each child in foster care 
        in the State are being met;
            (3) ensuring that issues related to stability in education, 
        school attendance, and the proper handling of information, 
        including education records and health records, are coordinated 
        between schools and child welfare agencies; and
            (4) ensuring that a coordinated process is utilized to 
        address the best interest and needs of the child with regard to 
        school placements, school attendance, access to appropriate 
        education services, and required supports, including the 
        provision of transportation services to ensure school 
        stability.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Child in foster care.--The term ``child in foster 
        care'' means a child whose care and placement is the 
        responsibility of the State or Tribal agency that administers a 
        State plan under part B or E of title IV of the Social Security 
        Act (42 U.S.C. 621 et seq.; 670 et seq.), without regard to 
        whether foster care maintenance payments are made under section 
        472 of the Social Security Act (42 U.S.C. 672) on behalf of the 
        child.
            (2) Court representative.--The term ``court 
        representative'' means an individual appointed by a court to 
        represent a child in a juvenile court dependency proceeding.
            (3) Education decisionmaker.--The term ``education 
        decisionmaker'' means--
                    (A) a parent of a child in foster care; or
                    (B) a person identified by the dependency court to 
                make education decisions for a child in foster care who 
                is someone other than the child's parent.
            (4) Education records.--The term ``education records'' 
        means documents and other materials relating to a child's 
        enrollment and education, including transcripts, reports, 
        plans, evaluations, and assessments maintained by a local 
        educational agency.
            (5) Elementary school.--The term ``elementary school'' has 
        the meaning given the term in section 9101 of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 7801).
            (6) Enrollment.--The term ``enrollment'' means attending 
        classes in a public preschool program, an elementary school, or 
        secondary school and participating fully in the activities of 
        such school or program.
            (7) Local child welfare agency.--The term ``local child 
        welfare agency'' means, with respect to a child in foster care, 
        the public agency in the local political subdivision where the 
        child resides, or the Indian tribe or tribal organization, that 
        is responsible for the placement and care of the child.
            (8) Local educational agency.--The term ``local educational 
        agency'' has the meaning given the term in section 9101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).
            (9) Parent.--The term ``parent'' means a biological or 
        adoptive parent or a legal guardian of a child, as determined 
        under applicable State law.
            (10) Placement.--The term ``placement'' means the current 
        or proposed living situation for a child in foster care, which 
        can include a group home or other congregate care setting.
            (11) Public agency.--The term ``public agency'' means any 
        State or local government entity.
            (12) Public preschool program.--The term ``public preschool 
        program'' means a preschool program funded, administered, or 
        overseen by a State educational agency, local educational 
        agency, or other State agency.
            (13) Recipient state.--The term ``recipient State'' means a 
        State that receives funds under part A of title I of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 
        et seq.).
            (14) School of origin.--The term ``school of origin'' 
        means, with respect to a child in foster care, any of the 
        following:
                    (A) The school in which the child was enrolled 
                prior to entry into foster care.
                    (B) The school in which the child is enrolled when 
                a change in foster care placement occurs or is 
                proposed.
                    (C) The school the child attended when last 
                permanently housed, as such term is used in section 
                722(g)(3)(G) of the McKinney-Vento Homeless Assistance 
                Act (42 U.S.C. 11432(g)(3)(G)).
            (15) School attendance area.--The term ``school attendance 
        area'' has the meaning given the term in section 1113(a)(2)(A) 
        of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 6313(a)(2)(A)).
            (16) School selection decision.--The term ``school 
        selection decision'' means a school selection decision as 
        described in section 101(b)(4).
            (17) Secondary school.--The term ``secondary school'' has 
        the meaning given the term in section 9101 of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 7801 et seq.).
            (18) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (19) Special education and related services.--The terms 
        ``special education'' and ``related services'' have the meaning 
        given such terms in section 602 of the Individuals with 
        Disabilities Education Act (20 U.S.C. 1401).
            (20) State.--The term ``State'' means each of the 50 
        States, the District of Columbia, and the Commonwealth of 
        Puerto Rico.
            (21) State child welfare agency.--The term ``State child 
        welfare agency'' means the State agency responsible for 
        administering the programs authorized under subpart 1 of part B 
        and part E of title IV of the Social Security Act (42 U.S.C. 
        621 et seq.; 670 et seq.).
            (22) State educational agency.--The term ``State 
        educational agency'' has the meaning given the term in section 
        9101 of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 7801).

SEC. 5. REGULATIONS.

    Not later than 60 days after the date of enactment of this Act, the 
Secretary shall develop, issue, and publish in the Federal Register a 
notice of proposed rulemaking to implement the provisions of this 
title. The issuance, amendment, and repeal of any regulations 
promulgated under this title shall comply with section 553 of title 5, 
United States Code.

SEC. 6. EFFECTIVE DATE.

    Except as otherwise provided, this Act and the amendments made by 
this Act shall take effect on the date of enactment of this Act, except 
that subtitle A, and the amendments made by such subtitle, shall apply 
with respect to recipient States that receive funds under part A of 
title I of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6311 et seq.) on or after the date of enactment of this Act.

        TITLE I--EDUCATIONAL RIGHTS FOR CHILDREN IN FOSTER CARE

Subtitle A--Required Educational Rights, Protections, and Services for 
                        Children in Foster Care

SEC. 101. REQUIRED EDUCATIONAL RIGHTS, PROTECTIONS, AND SERVICES FOR 
              CHILDREN IN FOSTER CARE.

    (a) Rights of Children in Foster Care.--Each recipient State shall 
ensure that each child in foster care in the State has the following 
rights:
            (1) School attendance.--
                    (A) School of origin.--A child in foster care shall 
                have the right to enroll in, or continue to enroll in, 
                any of the child's schools of origin when the child is 
                placed in foster care and during all subsequent changes 
                in placement (including when the child returns home, as 
                required under subparagraph (B)), unless it is 
                determined through the school selection decision 
                process that it is in the child's best interest to be 
                immediately enrolled in a different school.
                    (B) School upon permanent placement.--In the case 
                of a child in foster care for whom the child welfare 
                case is closed as a result of the child returning home 
                or achieving another permanency outcome during a school 
                year--
                            (i) the child shall be entitled to complete 
                        the school year in the school that the child is 
                        attending unless the entity making the school 
                        selection decision determines that a change in 
                        schools is in the child's best interest; and
                            (ii) necessary transportation to the 
                        current school shall be arranged and funded by 
                        the local educational agency in which the 
                        current school is located.
            (2) Treatment as resident.--A child in foster care who 
        remains in a school of origin shall be treated by the local 
        educational agency serving such school as if the child resides 
        in the school district and is entitled to all school 
        privileges.
            (3) Immediate enrollment.--If it is determined through the 
        school selection process that it is not in the best interest of 
        a child in foster care to attend a school of origin, or if a 
        school selection decision is not sought for the child, the 
        child shall have the right to be immediately enrolled in a new 
        school in the child's school attendance area, regardless of the 
        status of records normally required for enrollment such as 
        previous academic records, medical or immunization records, 
        proof of residency, or other documentation or requirements.
            (4) Records.--
                    (A) In general.--The education records of a child 
                in foster care shall be--
                            (i) maintained so that the records are 
                        available, in a timely fashion, when a child 
                        enters a new school or school district;
                            (ii) immediately sent to the enrolling 
                        school as complete as possible, even if the 
                        student owes fees or fines or was not withdrawn 
                        from the previous school in conformance with 
                        local withdrawal procedures; and
                            (iii) maintained in a manner consistent 
                        with section 444 of the General Education 
                        Provisions Act (commonly referred to as the 
                        ``Family'' (20 U.S.C. 1232g).
                    (B) Records for academic decisions.--The education 
                records needed for academic placement decisions and 
                decisions regarding the transfer of school course 
                credits for a child in foster care shall be released 
                immediately to an enrolling school by facsimile or 
                other available electronic means.
            (5) Equal access.--Each child in foster care shall have 
        equal access to the same education and opportunities as other 
        students attending the school or school district, including--
                    (A) having the same opportunities, access, and 
                services needed to meet the challenging State student 
                academic achievement standards under section 1111(b)(1) 
                of the Elementary and Secondary Education Act of 1965 
                (20 U.S.C. 6311(b)(1)) that are provided to other 
                students;
                    (B) receiving educational services and 
                transportation services that are comparable to the 
                services offered other children in the child's school;
                    (C) having--
                            (i) equal access to the full range of 
                        educational offerings, including--
                                    (I) services under title I of such 
                                Act (20 U.S.C. 6311 et seq.);
                                    (II) publicly funded early 
                                childhood programs and public preschool 
                                programs;
                                    (III) Early Head Start or Head 
                                Start programs under the Head Start Act 
                                (42 U.S.C. 9801 et seq.);
                                    (IV) public charter and magnet 
                                schools;
                                    (V) Advanced Placement courses and 
                                dual enrollment higher education 
                                courses;
                                    (VI) career and technical education 
                                programs;
                                    (VII) summer school; and
                                    (VIII) extracurricular activities; 
                                and
                            (ii) as appropriate, prioritization in the 
                        educational offerings described in clause (i) 
                        in accordance with Federal and State law;
                    (D) being integrated with other students in all 
                schools or programs within a school that are operated, 
                licensed, or funded by a public entity;
                    (E) attending the elementary school or secondary 
                school that serves the child's school attendance area 
                unless--
                            (i) the student has an individualized 
                        education program under section 614 of the 
                        Individuals with Disabilities Education Act (20 
                        U.S.C. 1414) requiring placement in an 
                        alternative setting, in another public school 
                        in the same or another local educational 
                        agency, or in a private school;
                            (ii) it is in the child's best interest to 
                        enroll in a school of origin that is not the 
                        school that serves the child's school 
                        attendance area, based on the school selection 
                        decision for the child; or
                            (iii) the education decisionmaker consents 
                        to another appropriate school placement.
            (6) Transportation.--
                    (A) In general.--A child in foster care shall be 
                provided with free transportation to and from the 
                child's school of origin or other school in which the 
                child is enrolled, in accordance with this subsection, 
                paragraphs (4)(H) and (5)(D) of subsection (b), and 
                section 475(1)(G)(ii)(II) of the Social Security Act 
                (42 U.S.C. 675(1)(G)(ii)(II)).
                    (B) Children with disabilities.--In the case of a 
                child in foster care that receives services under part 
                A or C of the Individuals with Disabilities Education 
                Act (20 U.S.C. 1400 et seq., 1431 et seq.), nothing in 
                this Act or section 475(G)(ii)(II) of the Social 
                Security Act (42 U.S.C. 675(1)(G)(ii)(II)) shall 
                relieve a local educational agency of the agency's 
                responsibility to provide the child with transportation 
                as part of such services.
    (b) Requirements of Education System for Children in Foster Care.--
In order to provide each child in foster care with the rights described 
in subsection (a), each recipient State shall meet the following 
requirements:
            (1) Policy review and revision.--
                    (A) In general.--Not more than 120 days after the 
                effective date of this Act, any State or local 
                educational agency in the State that has a school 
                attendance law or other law, regulation, practice, or 
                policy that may prohibit enrollment in, or attendance 
                at, a school of origin for a child in foster care or 
                that may prohibit implementation of any other 
                requirement of this title, shall undertake steps to 
                revise such law, regulation, practice, or policy to 
                ensure that children in foster care--
                            (i) are afforded the same free, appropriate 
                        public education as is provided to other 
                        children; and
                            (ii) receive the protections of this 
                        subtitle.
                    (B) No delay.--Nothing in this subsection shall be 
                construed to permit a State or local educational agency 
                to delay implementation of this Act until such review 
                and revision is completed.
            (2) Coordinator.--
                    (A) In general.--The State shall designate a 
                coordinator within the State educational agency to be 
                the lead staff member to implement this title.
                    (B) Collaboration.--The coordinator shall 
                collaborate with representatives from the State child 
                welfare agency, the State's program supported under 
                subtitle B of the McKinney-Vento Homeless Assistance 
                Act (42 U.S.C. 11431 et seq.), when appropriate, and 
                with all other State and local agencies necessary to 
                implement the requirements of this title and the 
                provisions of parts B and E of title IV of the Social 
                Security Act (42 U.S.C. 621 et seq., 42 U.S.C. 670 et 
                seq.) relating to the educational needs of children in 
                foster care.
                    (C) Special rule.--In the case of a State that 
                receives a grant under section 111 in an amount that is 
                more than the minimum allotment described in section 
                111(b)(1)(B), the coordinator under this paragraph for 
                the State shall not be the same individual who is 
                assigned the role of State Coordinator for purposes of 
                the State's program supported under subtitle B of the 
                McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432 
                et seq.).
                    (D) Responsibilities.--The responsibilities of a 
                coordinator described in subparagraph (A) shall 
                include, at minimum--
                            (i) ensuring that the requirements of this 
                        title and clauses (ii)(II), (iii), and (iv) of 
                        section 475(1)(G) of the Social Security Act 
                        (42 U.S.C. 675(1)(G)) are carried out;
                            (ii) gathering and making public 
                        information on the problems children in foster 
                        care have in gaining access to public preschool 
                        programs and schools;
                            (iii) monitoring the progress of the State 
                        and local educational agencies in addressing 
                        any problems or difficulties in meeting the 
                        requirements of this title;
                            (iv) ensuring the success of the programs 
                        under this title;
                            (v) providing technical assistance to local 
                        educational agencies and local child welfare 
                        agencies on how to comply with this title;
                            (vi) collecting data related to the 
                        implementation of this title and the 
                        educational outcomes of children in foster care 
                        and reporting such information to the 
                        appropriate State officials and to the 
                        Secretary; and
                            (vii) ensuring effective implementation of 
                        a dispute resolution procedure, as described in 
                        paragraph (5), and a complaint management 
                        system, as described in paragraph (6).
            (3) Foster care liaison.--
                    (A) In general.--The State educational agency shall 
                ensure that each local educational agency in the State 
                designates a foster care liaison with sufficient 
                capacity, resources, and time to fulfill the 
                requirements of this title effectively.
                    (B) Responsibilities.--The foster care liaison 
                shall ensure, at minimum, that--
                            (i) each child in foster care served by the 
                        local educational agency is--
                                    (I) identified for purposes of this 
                                title;
                                    (II) enrolled in the appropriate 
                                public preschool program or elementary 
                                or secondary school, in accordance with 
                                any school selection decision made for 
                                the child; and
                                    (III) has a full and equal 
                                opportunity to succeed in the child's 
                                school program and receive educational 
                                services for which the child is 
                                eligible, including--
                                            (aa) special education and 
                                        related services and 
                                        protections under the 
                                        Individuals with Disabilities 
                                        Education Act (20 U.S.C. 1400 
                                        et seq.);
                                            (bb) programs under title I 
                                        of the Elementary and Secondary 
                                        Education Act of 1965 (20 
                                        U.S.C. 6301 et seq.);
                                            (cc) English as a Second 
                                        Language programs, including 
                                        programs under title III of 
                                        such Act (20 U.S.C. 6801 et 
                                        seq.); and
                                            (dd) early childhood and 
                                        preschool programs;
                            (ii) the parents and education 
                        decisionmaker of the child in foster care, and 
                        the child welfare agency representative, are 
                        informed of the opportunities available to the 
                        child under this title;
                            (iii) school personnel are adequately 
                        prepared to implement this title; and
                            (iv) the local educational agency serving 
                        the child works collaboratively with 
                        individuals designated by the local child 
                        welfare agency to ensure--
                                    (I) that child welfare agency 
                                personnel are informed of the rights of 
                                children in foster care and 
                                responsibilities of the State and local 
                                agencies under this title;
                                    (II) that a child in foster care in 
                                a school served by the local 
                                educational agency has school stability 
                                and is promptly enrolled in a school in 
                                accordance with any school selection 
                                decision made for the child;
                                    (III) that the child is provided 
                                with special education evaluations and 
                                services, as needed, and if the child 
                                is a child with a disability, as 
                                defined in section 602 of the 
                                Individuals with Disabilities Education 
                                Act (20 U.S.C. 1401), the arrangement 
                                for, and provision of, the 
                                transportation, records transfers, and 
                                special education and related services 
                                as required under such Act, including--
                                            (aa) the timely conduct of 
                                        evaluations as required by 
                                        section 614(a) of such Act (20 
                                        U.S.C. 1414(a));
                                            (bb) the prompt transmittal 
                                        of records under section 
                                        614(d)(2)(C)(ii) of such Act 
                                        (20 U.S.C. 1414(d)(2)(C)(ii)); 
                                        and
                                            (cc) when appropriate, the 
                                        appointment of a surrogate 
                                        parent for a child required 
                                        under section 615(b)(2) or 
                                        639(a)(5) of such Act (20 
                                        U.S.C. 1415(b)(2), 1439(a)(5)); 
                                        and
                                    (IV) the appointment by the 
                                appropriate court of an education 
                                decisionmaker for the child for 
                                purposes of this title, as needed.
            (4) School selection decision.--
                    (A) In general.--Upon a request made in accordance 
                with subparagraph (C), the appropriate entity described 
                in subparagraph (B) shall make an individualized school 
                selection decision on an expedited basis for a child in 
                foster care regarding whether it is in the child's best 
                interest to attend a school of origin or to be 
                immediately enrolled in the appropriate school where 
                the child resides.
                    (B) Entities making school selection decisions.--
                The school selection decision shall be made by the 
                local educational agency that serves the school of 
                origin in which enrollment is sought for a child in 
                foster care, unless the State determines the school 
                selection decision shall be made solely by--
                            (i) the dependency court;
                            (ii) the State child welfare agency; or
                            (iii) the local child welfare agency.
                    (C) Initiating a school selection decision.--
                            (i) In general.--The local child welfare 
                        agency responsible for a child in foster care 
                        shall, after consultation with the child and 
                        with the education decisionmaker and parent of 
                        the child, initiate the school selection 
                        decision process under this paragraph if the 
                        agency believes that a child should remain or 
                        enroll in a school of origin.
                            (ii) Timing.--A school selection decision 
                        may be requested for a child in foster care 
                        each time the child's placement is changed or a 
                        placement change for the child is proposed.
                            (iii) Notification of foster care 
                        liaison.--The local child welfare agency shall 
                        notify the foster care liaison described in 
                        paragraph (3) for the local educational agency 
                        serving the school in which the agency wants 
                        the child to remain or enroll to initiate the 
                        school selection decision process.
                            (iv) Exception.--If the local child welfare 
                        agency has not initiated the school selection 
                        process, the child's education decisionmaker 
                        may do so by contacting the appropriate foster 
                        care liaison described in clause (iii).
                    (D) Dependency court decision.--Notwithstanding any 
                other provision of this subsection, if the court with 
                dependency jurisdiction over a child in foster care 
                initiates or makes a school selection decision for such 
                child, or appoints another person to initiate or make a 
                school selection decision, the court's determination 
                shall be binding on all parties, the State educational 
                agency, and the appropriate local educational agency.
                    (E) Sources of information; factors.--
                            (i) Sources of information.--The entity 
                        making the school selection decision for a 
                        child in foster care shall consider information 
                        and factors provided by--
                                    (I) the State child welfare agency, 
                                local child welfare agency, State 
                                educational agency, local educational 
                                agency, or other public agency; and
                                    (II) individuals who have knowledge 
                                about the child's education, including 
                                the child and the parent, educational 
                                decisionmaker, foster parent, court 
                                representative, and teachers of the 
                                child.
                            (ii) Information and factors.--The 
                        information and factors described in clause (i) 
                        shall include--
                                    (I) the harmful impact of school 
                                mobility on the child's academic 
                                progress, achievement, and social and 
                                emotional well-being;
                                    (II) the age of the child;
                                    (III) the impact the commute to 
                                school may have on the child's 
                                education or well-being;
                                    (IV) personal safety issues, 
                                including safety as it relates to 
                                family violence;
                                    (V) the child's need for special 
                                instruction, including special 
                                education and related services, and 
                                where those needs can best be met;
                                    (VI) the length of stay in foster 
                                care, placement type, and permanency 
                                plan for the child;
                                    (VII) the time remaining in the 
                                school year;
                                    (VIII) the school placement of 
                                family members;
                                    (IX) the number of previous school 
                                changes;
                                    (X) the child's connection to the 
                                school of origin under consideration;
                                    (XI) the extent to which the 
                                educational program of the school of 
                                origin is appropriate, meets the 
                                child's needs and interests, and 
                                nurtures the child's talents; and
                                    (XII) the availability of special 
                                programs, academically rigorous 
                                courses, and extra-curricular 
                                activities that are appropriate for the 
                                child.
                    (F) Considerations.--An entity making a school 
                selection decision under this paragraph shall consider 
                the wishes of the child.
                    (G) Excluded factors.--The cost of transportation 
                to or from a school shall not be a consideration when 
                making a school selection decision.
                    (H) Transportation.--
                            (i) In general.--The local educational 
                        agency serving the school of origin in which a 
                        child in foster care shall remain or enroll, 
                        based on the school selection decision for the 
                        child, shall collaborate with the local child 
                        welfare agency to ensure that the child is 
                        provided transportation to the school of origin 
                        in a cost effective manner and in accordance 
                        with section 475(1)(G)(ii)(II) of the Social 
                        Security Act (42 U.S.C. 675(1)(G)(ii)(II)).
                            (ii) Cost of transportation.--In carrying 
                        out clause (i), a local educational agency 
                        shall provide the transportation described in 
                        such clause for a child in foster care if--
                                    (I) the local child welfare agency 
                                reimburses the local educational agency 
                                for the cost of such transportation, in 
                                accordance with section 
                                475(1)(G)(ii)(II) of the Social 
                                Security Act (42 U.S.C. 
                                675(1)(G)(ii)(II));
                                    (II) the local educational agency 
                                agrees to pay for the cost of such 
                                transportation; or
                                    (III) the local educational agency 
                                and the local child welfare agency 
                                agree to share the cost of such 
                                transportation.
            (5) School selection decision dispute resolution.--
                    (A) In general.--The State educational agency, or 
                another State agency designated by the State, shall 
                develop and oversee a fair and impartial dispute 
                resolution procedure to promptly resolve school 
                selection decision disputes, except that such procedure 
                shall not be applied to disputes regarding school 
                selection decisions made by a court.
                    (B) Components of dispute resolution.--The dispute 
                resolution procedure described in subparagraph (A) 
                shall include, at a minimum--
                            (i) a procedural safeguard system to 
                        resolve disputes and render prompt school 
                        selection decisions;
                            (ii) written notice of the school selection 
                        decision and basis for the decision to the--
                                    (I) parent, education 
                                decisionmaker, and court representative 
                                of the child; and
                                    (II) local child welfare agency 
                                serving the child;
                            (iii) a right to appeal a school selection 
                        decision, an impartial and prompt review of 
                        such decision, and a written determination of 
                        the administrative appeal; and
                            (iv) a right to initiate a dispute under 
                        this paragraph that is provided to--
                                    (I) the parent, education 
                                decisionmaker, and court representative 
                                of the child; and
                                    (II) a representative from the 
                                local child welfare agency or local 
                                educational agency serving the child.
                    (C) School placement during dispute.--If a dispute 
                arises over the school selection decision, the child 
                shall remain in the child's current school until full 
                resolution of the dispute, unless--
                            (i) the dependency court determines 
                        otherwise and selects a different school for 
                        the child; or
                            (ii) the State child welfare agency or 
                        local child welfare agency with responsibility 
                        for the child determines that the child's 
                        health or safety would be at risk if the child 
                        remained in such school prior to a 
                        determination made under subparagraph (A) and 
                        selects a different school for the child.
                    (D) Transportation.--In the case of a dispute under 
                this paragraph regarding a child in foster care, the 
                local educational agency where the child is attending 
                school pending the resolution of the dispute, as 
                determined under subparagraph (C), shall collaborate 
                with the local child welfare agency to ensure 
                transportation is provided, as required under section 
                101(a)(6), for the child to such school, until the full 
                resolution of the dispute in accordance with this 
                paragraph.
            (6) Complaint management system.--Each State shall maintain 
        a complaint management system by which individuals and 
        organizations acting on behalf of a child in foster care can 
        request that the State investigate and correct violations of 
        this subtitle in a timely manner on behalf of a child in foster 
        care or a group of children in foster care.
            (7) School readiness for children in foster care.--
                    (A) State and local educational agencies.--Each 
                State educational agency and local educational agency 
                shall ensure that public preschool programs funded, 
                administered, or overseen by such agency--
                            (i) provide preschool-aged children in 
                        foster care with the rights described in 
                        subsection (a), and comply with the 
                        requirements of this subsection with respect to 
                        such children, except that such programs shall 
                        not be required to enroll a child in foster 
                        care immediately in a public preschool program 
                        that is operating at full capacity when 
                        enrollment for the child is sought, unless 
                        otherwise required by State law;
                            (ii) identify and prioritize preschool-aged 
                        children in foster care for enrollment and 
                        increase such children's enrollment and 
                        attendance in the public preschool program, 
                        through activities such as--
                                    (I) reserving spaces in public 
                                preschool programs for children in 
                                foster care;
                                    (II) conducting targeted outreach 
                                to local child welfare agencies and 
                                foster care providers;
                                    (III) waiving application 
                                deadlines;
                                    (IV) providing ongoing professional 
                                development for staff regarding the 
                                needs of children in foster care and 
                                their families and strategies to serve 
                                such children and families; and
                                    (V) developing capacity to serve 
                                all children in foster care in the area 
                                served by such agency; and
                            (iii) review the educational and related 
                        needs of children in foster care and their 
                        families in such agencies' service areas, in 
                        coordination with the State child welfare 
                        agency, the local child welfare agency, and the 
                        foster care liaison designated under paragraph 
                        (3), and develop policies and practices to meet 
                        identified needs.
                    (B) Other state agencies.--In the case of public 
                preschool programs that are not funded, administered, 
                or overseen by the State educational agency or a local 
                educational agency, the State agency that funds such 
                public preschool programs shall--
                            (i) develop, review, and revise its 
                        policies and practices to remove barriers to 
                        the enrollment, attendance, retention, and 
                        success of children in foster care in public 
                        preschool programs funded, administered, or 
                        overseen by the agency;
                            (ii) provide preschool-aged children in 
                        foster care with the rights described in 
                        subsection (a), and comply with the 
                        requirements of this subsection with respect to 
                        such children, except that such programs--
                                    (I) shall not be required to enroll 
                                a child in foster care immediately in a 
                                public preschool program that is 
                                operating at full capacity when 
                                enrollment is sought for the child, 
                                unless otherwise required by State law;
                                    (II) shall not be subject to the 
                                dispute resolution procedures of the 
                                State educational agency or local 
                                educational agencies, but shall--
                                            (aa) ensure that all of the 
                                        dispute resolution procedures 
                                        available through such programs 
                                        and the State agency that 
                                        funds, administers, or oversees 
                                        such programs are accessible to 
                                        the education decisionmaker, 
                                        court representative of a child 
                                        in foster care, and a 
                                        representative from the local 
                                        child welfare agency; and
                                            (bb) provide such 
                                        individuals with a written 
                                        explanation of their dispute 
                                        and appeal rights; and
                                    (III) shall not be subject to the 
                                transportation requirements of 
                                paragraph (5)(D) and subsection (a)(6), 
                                but shall remove barriers to existing 
                                transportation services for children in 
                                foster care and shall, to the maximum 
                                extent practicable, arrange or provide 
                                transportation for children in foster 
                                care to attend public preschool 
                                programs, including the children's 
                                school of origin;
                            (iii) identify and prioritize children in 
                        foster care for enrollment and increase such 
                        children's enrollment and attendance in public 
                        preschool programs, including through 
                        activities described in subclauses (I) through 
                        (V) of subparagraph (A)(ii); and
                            (iv) review the educational and related 
                        needs of children in foster care and the 
                        children's families in the State, in 
                        coordination with the coordinator described in 
                        paragraph (2), and develop policies and 
                        practices to meet identified needs.
                    (C) School of origin.--For the purposes of applying 
                this paragraph, a reference to a school shall be deemed 
                to include a public preschool program.
            (8) Sharing information.--
                    (A) In general.--The State educational agency and 
                local educational agency shall review and eliminate any 
                barriers to information-sharing with State child 
                welfare agencies and local child welfare agencies, 
                while continuing to protect the privacy interests of 
                children and families, as required by Federal or State 
                law.
                    (B) Immediate availability.--To ensure a child in 
                foster care's immediate enrollment in a new school 
                (including a preschool program), all education records 
                of the child shall be made available in accordance with 
                subsection (a)(4). A school sending education records 
                shall ensure that the records are as complete and 
                accurate as possible.
                    (C) Compliance with ferpa.--Education records of a 
                child in foster care shall be--
                            (i) maintained and provided to other 
                        schools in a manner consistent with section 444 
                        of the General Education Provisions Act 
                        (commonly referred to as the ``Family 
                        Educational Rights and Privacy Act of 1974'') 
                        (20 U.S.C. 1232g); and
                            (ii) provided to the child welfare agency 
                        or other child welfare system advocates in a 
                        manner that complies with such section.
                    (D) Expedited transfer.--Each foster care liaison 
                described in paragraph (3) and coordinator described in 
                paragraph (2) within a State shall work to expedite the 
                transfer of education records of children in foster 
                care.
            (9) Transfer of credits; diploma.--
                    (A) Transfer of credits.--The State shall have a 
                system for ensuring that--
                            (i) a child in foster care who is changing 
                        schools can transfer school credits and receive 
                        partial credits for coursework satisfactorily 
                        completed while attending a prior school or 
                        educational program; and
                            (ii) a child in foster care is afforded 
                        opportunities to recover school credits lost 
                        due to placement instability while in foster 
                        care.
                    (B) Eliminating barriers.--The State shall 
                undertake steps to eliminate barriers to allowing a 
                child in foster care who has experienced multiple 
                school placements to receive a secondary school diploma 
                either from one of the school districts in which the 
                student was enrolled or through a State-issued 
                secondary school diploma system.
            (10) Equal access.--
                    (A) In general.--The State and each local 
                educational agency of the State shall take steps to 
                eliminate barriers to access for children in foster 
                care to academic, nonacademic, or extracurricular 
                programs that are created by application or entrance 
                deadlines and other admissions requirements that 
                children in foster care cannot meet because of frequent 
                school changes.
                    (B) No forced private placement.--The State shall 
                ensure that each group home or placement facility in 
                the State in which a child in foster care may be placed 
                does not explicitly or implicitly condition such 
                placement on attendance at a private school owned or 
                operated by an agency associated with the facility.
                    (C) No school segregation.--The State shall ensure 
                that a child in foster care, including a child residing 
                in a group home or placement facility--
                            (i) shall not be educated in a segregated 
                        setting due to the child's status as a child in 
                        foster care; and
                            (ii) shall have access to--
                                    (I) a public elementary school or 
                                secondary school; or
                                    (II) in the case of a child with an 
                                individualized education program under 
                                section 614 of the Individuals with 
                                Disabilities Education Act (20 U.S.C. 
                                1414), an alternative setting, if 
                                required under such plan.
            (11) Collaboration in developing child-specific case 
        plans.--
                    (A) In general.--Each local educational agency of 
                the State shall collaborate, at the local child welfare 
                agency's request, with the local child welfare agency 
                with respect to the following to ensure that 
                educational issues for children in foster care are 
                appropriately identified and addressed:
                            (i) The development of the following 
                        components of the case plan required for 
                        children in foster care:
                                    (I) The written description of the 
                                programs and services which will help 
                                the child prepare for the transition 
                                from foster care to independent living 
                                required under subparagraph (D) of 
                                section 475(1) of the Social Security 
                                Act (42 U.S.C. 675(1)).
                                    (II) The plan for ensuring the 
                                educational stability of the child 
                                while in foster care required under 
                                subparagraph (G) of section 475(1) of 
                                the Social Security Act (42 U.S.C. 
                                675(1)).
                            (ii) The requirement under subparagraph (H) 
                        of section 475(5) of the Social Security Act 
                        (42 U.S.C. 675(5)) to provide a child in foster 
                        care with assistance and support in developing 
                        a transition plan for aging out of foster care 
                        to independent living.
                            (iii) The programs and activities, 
                        including vouchers for education and training, 
                        including postsecondary training and education, 
                        for youths who have aged out of foster care, 
                        carried out under the John H. Chafee Foster 
                        Care Independence Program established under 
                        section 477 of the Social Security Act (42 
                        U.S.C. 677).
                            (iv) All other child welfare agency-based 
                        planning that relate to educational issues for 
                        a child in foster care or a child transitioning 
                        out of foster care to independent living.
                    (B) Contents.--The local child welfare agency shall 
                specify in the case plan required for children in 
                foster care under parts B and E of title IV of the 
                Social Security Act the local educational agency's role 
                in providing guidance, information, and support to 
                implement the education-related provisions of the plan.
                    (C) Local educational agency role.--Each local 
                educational agency of the State shall--
                            (i) cooperate with the implementation of 
                        programs, activities, services, and vouchers 
                        described in subparagraph (A); and
                            (ii) ensure that such programs, activities, 
                        services, and vouchers are coordinated with any 
                        education plans developed by the local 
                        educational agency, including, when 
                        appropriate, any plan for transition services 
                        for a child in foster care that is included in 
                        the child's individualized education program, 
                        as required under section 614(d) of the 
                        Individuals with Disabilities Education Act (20 
                        U.S.C. 1414(d)).
            (12) Collecting information.--
                    (A) In general.--The State shall collect valid and 
                reliable information as needed to report annually to 
                the Secretary on the State's progress in meeting the 
                requirements of this title. Such report shall include, 
                at a minimum--
                            (i) the number of children in foster care 
                        enrolled in school and in public preschool 
                        programs;
                            (ii) the number of such children who 
                        remained in the child's school of origin;
                            (iii) the number of such children who 
                        experienced enrollment delays;
                            (iv) State assessment scores disaggregated 
                        for children in foster care;
                            (v) secondary school graduation rates, 
                        including on-time graduation rates, for such 
                        children;
                            (vi) the number of such children who 
                        repeated grades; and
                            (vii) the number of such children who--
                                    (I) are eligible for special 
                                education and related services; or
                                    (II) receive services under title I 
                                of the Elementary and Secondary 
                                Education Act of 1965 (20 U.S.C. 6301 
                                et seq.).
                    (B) Information sharing.--The State educational 
                agency and local educational agencies shall collaborate 
                with the State child welfare agency and local child 
                welfare agencies to collect and share necessary 
                information in order to generate such reports.
    (c) Collaboration.--To carry out this section, each State 
educational agency and the local educational agencies of a recipient 
State shall collaborate with the State child welfare agency and local 
child welfare agencies of such State.

SEC. 102. REMEDIES; RULE OF CONSTRUCTION.

    (a) Judicial Remedies.--
            (1) In general.--Any party aggrieved by a finding or 
        decision made under paragraph (5) or (6) of section 101(b), or 
        who otherwise claims that a right provided under this Act has 
        been violated, may bring a civil action in an appropriate 
        district court of the United States.
            (2) Jurisdiction.--The district courts of the United States 
        shall have jurisdiction of actions brought under this title 
        without regard to the amount in controversy.
            (3) Attorney's fees.--In any action or proceeding brought 
        under paragraph (1), the court, in its discretion, may award 
        reasonable attorney's fees and expert witness fees as part of 
        costs to a prevailing party who is acting on behalf of a child 
        in foster care.
            (4) State sovereign immunity.--
                    (A) In general.--A recipient State's receipt or use 
                of funds under title I of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 6301 et seq.) shall 
                constitute a waiver of sovereign immunity, under the 
                11th amendment to the Constitution or otherwise, to a 
                civil action brought under paragraph (1).
                    (B) Effective date.--This paragraph shall apply 
                with respect to violations that occur in whole or in 
                part after the effective date of this Act.
                    (C) Remedies.--In a civil action against a State 
                for a violation of this paragraph, remedies (including 
                remedies both at law and in equity) are available for 
                such a violation to the same extent as those remedies 
                are available for such a violation in the civil action 
                against any public entity other than a State.
    (b) Rule of Construction.--Nothing in this title shall be construed 
to restrict or limit the rights, procedures, and remedies available 
under--
            (1) the Constitution;
            (2) the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
        11461 et seq.);
            (3) the Fostering Connections to Success and Increasing 
        Adoptions Act of 2008 (Public Law 110-315), or the amendments 
        made by such Act;
            (4) section 444 of the General Education Provisions Act 
        (commonly referred to as the ``Family Educational Rights and 
        Privacy Act of 1974'') (20 U.S.C. 1232g);
            (5) the Individuals with Disabilities Education Act (20 
        U.S.C. 1400 et seq.); or
            (6) any other Federal or State law protecting the rights of 
        children in foster care.

SEC. 103. CONFORMING AMENDMENTS.

    The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 
et seq.) is amended--
            (1) in section 1111 (20 U.S.C. 6311)--
                    (A) in subsection (b)(2), by adding after 
                subparagraph (K) the following:
                    ``(L) Accountability for children in foster care.--
                The accountability provisions under this Act shall 
                ensure that children in foster care, as defined in 
                section 4 of the Fostering Success in Education Act, 
                are included in academic assessment, reporting, and 
                accountability systems, in accordance with paragraph 
                (3)(C)(xi).''; and
                    (B) in subsection (c)--
                            (i) in paragraph (13), by striking ``and'' 
                        at the end;
                            (ii) in paragraph (14), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following:
            ``(15) the State and State educational agency will ensure 
        that the requirements of section 101 of the Fostering Success 
        in Education Act will be satisfied.''; and
            (2) in section 1112(c)(1) (20 U.S.C. 6312(c)(1))--
                    (A) in subparagraph (N), by striking ``and'' at the 
                end;
                    (B) in subparagraph (O), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(P) comply with the requirements of section 101 
                of the Fostering Success in Education Act that relate 
                to the local educational agency.''.

        Subtitle B--State Foster Care and Education Plan Grants

SEC. 111. STATE FOSTER CARE AND EDUCATION PLAN REQUIREMENTS AND GRANTS.

    (a) General Authority.--From amounts appropriated to carry out this 
subtitle and not reserved under subsection (b)(2), the Secretary shall 
make grants to States, from allotments under subsection (b)(1), to 
enable the States to carry out activities, and award subgrants, in 
accordance with subsection (d).
    (b) Allotments and Reservation.--
            (1) Allotments.--
                    (A) In general.--Subject to subparagraphs (B) and 
                (C), the Secretary is authorized to make an allotment 
                to each State with an approved State foster care and 
                education plan under subsection (c) for a fiscal year 
                in an amount that bears the same relation to the total 
                amount available under this paragraph for a fiscal year 
                as the number of children in foster care who reside in 
                the State bears to the total number of children in 
                foster care who reside in all States with approved 
                State foster care and education plans.
                    (B) Minimum allotments.--The amount of a State's 
                allotment under this paragraph for a fiscal year shall 
                not be less than $300,000.
                    (C) Ratable reductions.--In the case of a fiscal 
                year for which the amounts available to carry out this 
                subtitle are not sufficient to award grants to States 
                in the amounts described in subparagraphs (A) and (B), 
                the Secretary shall ratably reduce the amount of all 
                such grants.
            (2) Reservations.--
                    (A) Reservation for technical assistance and 
                evaluation.--Of the funds made available to carry out 
                this section, the Secretary shall reserve 1 percent of 
                such funds to provide--
                            (i) technical assistance to States that 
                        receive grants under this subtitle; and
                            (ii) rigorous evaluation of the activities 
                        funded with grants under this subtitle in 
                        accordance with section 113.
                    (B) Students in territories.--Of the funds made 
                available to carry out this section, the Secretary 
                shall reserve 0.10 percent of such funds to be 
                allocated among the United States Virgin Islands, Guam, 
                American Samoa, and the Commonwealth of the Northern 
                Mariana Islands, according to their respective need for 
                assistance under this subtitle, as determined by the 
                Secretary.
                    (C) Indian students.--Of the funds made available 
                to carry out this section, the Secretary shall reserve 
                1.0 percent to provide assistance to the Secretary of 
                the Interior for programs that are for Indian children 
                in foster care who are served by schools funded by the 
                Department of Interior and that are consistent with the 
                purposes of the activities described in this subtitle.
    (c) State Foster Care and Education Plan.--
            (1) Eligibility requirement.--No State shall receive a 
        grant under this subtitle unless the State educational agency 
        has submitted to the Secretary, and the Secretary has approved 
        under section 113(a)(1), a State foster care and education plan 
        (referred to in this section as the ``plan'') that--
                    (A) includes the information described in paragraph 
                (3); and
                    (B) describes the specific responsibilities and 
                procedures undertaken by each applicable agency of the 
                State to meet the requirements of subsections (e) and 
                (f) and subtitle A.
            (2) Approval, review, and resubmission.--
                    (A) Development and approval.--The plan for a State 
                shall be--
                            (i) developed by the State educational 
                        agency, in collaboration with the State child 
                        welfare agency; and
                            (ii) approved by the chief executive 
                        officer of the State before submission to the 
                        Secretary.
                    (B) Annual review.--Each State receiving a grant 
                under this subtitle shall review the plan annually, in 
                collaboration with the State child welfare agency and 
                the State educational agency, to determine the State's 
                compliance with the plan, including a review of the--
                            (i) information collected under section 
                        101(b)(12); and
                            (ii) the State's progress in eliminating 
                        barriers identified under paragraph (3)(B).
                    (C) Resubmission.--Each State receiving a grant 
                under this subtitle shall resubmit the plan, with 
                amendments as necessary, after collaboration with the 
                State child welfare agency and approval by the chief 
                State official in charge of the State's child welfare 
                system, every 3 years for review and approval by the 
                Secretary.
            (3) Plan contents.--The plan shall address how each right 
        and requirement under section 101 will be achieved, including--
                    (A) the method by which the State will monitor 
                local educational agencies and other local agencies 
                with responsibility under this title to ensure 
                compliance with this title;
                    (B) an analysis of the State and local barriers to 
                meeting the requirements of this title, including the 
                barriers described in paragraphs (8), (9)(B), and (10) 
                of section 101(b), and specific steps taken to 
                eliminate those barriers;
                    (C) a description of, and protocol for, how State 
                foster care coordinators described in section 101(b)(2) 
                and foster care liaisons described in section 101(b)(3) 
                will work collaboratively with State child welfare 
                agencies and local child welfare agencies to implement 
                the provisions of this title;
                    (D) detailed procedures for making the school 
                selection decisions for children in foster care in the 
                State in accordance with section 101(b)(4);
                    (E) clear procedures regarding how transportation 
                to maintain each child in foster care in the 
                appropriate school will be provided, arranged, and 
                funded;
                    (F) an explanation of how the State will--
                            (i) ensure transfers of school credits and 
                        partial credits for children in foster care who 
                        experience multiple school moves; and
                            (ii) eliminate barriers to allowing such 
                        children to obtain secondary school diplomas as 
                        required under section 101(b)(4);
                    (G) an explanation of how the State will put in 
                place a procedural safeguard system that meets the 
                requirements of section 101(b) and protects the rights 
                of children in foster care, as described in section 
                101(a), and how such system will--
                            (i) operate;
                            (ii) resolve disputes about school 
                        stability, immediate enrollment, and 
                        eligibility for services under the title;
                            (iii) provide notice to children in foster 
                        care, and the parents, educational decision 
                        makers, and court representatives, of the 
                        rights of children under section 101(a) and the 
                        processes for obtaining a school selection 
                        decision for the child and for resolving 
                        disputes under section 101(b); and
                            (iv) protect the child's rights under 
                        section 101(a) during the resolution of any 
                        disputes;
                    (H) a description of how the State has involved, 
                and will continue to involve, individuals representing 
                all critical stakeholders involved with children in 
                foster care, including children in foster care, 
                parents, education decisionmakers, foster parents and 
                other caretakers, caseworkers, court representatives, 
                and judges, in the development of the plan and when 
                making decisions about policies and procedures to 
                implement this title;
                    (I) a description of how training needs relating to 
                children in foster care will be identified and 
                addressed for--
                            (i) critical stakeholders in the State 
                        educational agency, local educational agencies, 
                        the State child welfare agency, and local child 
                        welfare agencies; and
                            (ii) other necessary parties involved with 
                        children in foster care;
                    (J) a description of how local educational agencies 
                in the State, in collaboration with local child welfare 
                agencies, will meet the requirements of subsection (f), 
                section 101(b)(1), and other provisions in this title 
                relating to local educational agencies;
                    (K) a description of services or policies needed 
                for children in foster care to meet the same 
                challenging student academic achievement standards 
                under section 1111(b)(1) of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1)) 
                to which other children are held, and a description of 
                the steps that will be taken to create and implement 
                those services or policies;
                    (L) a description of all efforts to promote 
                efficient record maintenance and sharing to further the 
                purposes of this title while protecting confidentiality 
                rights under section 444 of the General Education 
                Provisions Act (commonly referred to as the ``Family 
                Educational Rights and Privacy Act of 1974'') (20 
                U.S.C. 1232g) and other laws;
                    (M) a description of how immediate enrollment for 
                children in foster care, as required under section 
                101(a)(3), will be achieved, including how any record 
                requirements in effect as of the date of the plan will 
                be addressed so as to not delay enrollment;
                    (N) a description of the system that will ensure 
                the timely transfer of education and health records of 
                children in foster care and an explanation of how any 
                delay in such transfer will not interfere with 
                immediate enrollment; and
                    (O) procedures for periodically monitoring local 
                educational agency compliance with the requirements of 
                this title and for maintaining a complaint management 
                system as required under section 101(b)(12).
    (d) Use of Funds.--A State receiving an allotment under this 
subtitle shall use--
            (1) not more than 25 percent of the State's allotment to 
        carry out the State plan under subsection (c), meet the 
        requirements under subsections (e) and (f), and carry out 
        activities, directly or through grants or contracts, to further 
        the purposes of this title; and
            (2) not less than 75 percent of the State's allotment to 
        award subgrants under section 112.
    (e) State Requirements.--
            (1) State educational agency role.--
                    (A) In general.--The State educational agency of a 
                State receiving a grant under this subtitle shall be 
                responsible for--
                            (i) the general administration and 
                        supervision of programs and activities 
                        receiving funds under this subtitle, including 
                        the activities described in paragraph (2) and 
                        subgrants awarded under section 112;
                            (ii) monitoring programs and activities 
                        used by the State to carry out this title, 
                        whether or not such programs or activities are 
                        receiving assistance under this subtitle; and
                            (iii) ensuring that the State is in 
                        compliance with the requirements under this 
                        title.
                    (B) Collaboration.--A State educational agency 
                shall collaborate with the State child welfare agency 
                in carrying out the responsibilities under this 
                paragraph.
            (2) Activities.--Each State receiving a grant under this 
        subtitle shall carry out the following activities:
                    (A) Stakeholder council.--
                            (i) In general.--The State educational 
                        agency shall establish a Stakeholder Council 
                        (referred to in this paragraph as the 
                        ``Council'') that meets publicly on not less 
                        than a semiannual basis.
                            (ii) Membership.--The members of the 
                        Council shall include, at a minimum--
                                    (I) a designee from the State 
                                educational agency;
                                    (II) a designee from the State 
                                child welfare agency; and
                                    (III) individuals representing 
                                local educational agencies, local child 
                                welfare agencies, juvenile courts, 
                                court representatives, court appointed 
                                special advocates, children in foster 
                                care, foster parents, and parents.
                            (iii) Duties.--The Council shall--
                                    (I) review the State's policies, 
                                practices, data, and other information 
                                regarding the implementation of this 
                                title;
                                    (II) review and advise the State on 
                                the plan before the plan's submission 
                                or resubmission;
                                    (III) make recommendations 
                                regarding procedures and policies for 
                                implementing this title;
                                    (IV) assess progress towards 
                                eliminating identified barriers to 
                                compliance that are described in 
                                subsection (c)(3)(B);
                                    (V) prepare and submit an annual 
                                report to the State educational agency, 
                                the State child welfare agency, any 
                                other applicable State agency, and the 
                                Secretary on the status of 
                                implementation efforts, including an 
                                analysis of data collected; and
                                    (VI) make recommendations regarding 
                                the next steps the State should take 
                                regarding implementation and submit 
                                such recommendations to the Secretary 
                                with each plan resubmission under 
                                subsection (c)(2)(C).
                    (B) Monitoring.--The State educational agency, in 
                collaboration with the State child welfare agency, 
                shall periodically monitor local educational agencies 
                and other local agencies with responsibilities under 
                this title to ensure compliance.
    (f) Local Educational Agency Requirements.--Each local educational 
agency in a State receiving a grant under this subtitle shall meet the 
following requirements:
            (1) In general.--The local educational agency shall ensure, 
        in coordination with the corresponding local child welfare 
        agency, that children in foster care in the school district 
        served by the local educational agency receive all of the 
        rights described in section 101(a) by carrying out, at a 
        minimum, all of the following:
                    (A) Ensuring that each child in foster care in the 
                school district served by the local educational agency 
                remains in a school of origin or is immediately 
                enrolled in a new school, in accordance with the 
                child's best interest as required under section 101(a).
                    (B) Documenting that written notice has been 
                provided to the parent, education decisionmaker, and 
                court representative of the child and the local child 
                welfare agency representative responsible for the child 
                with regard to any decisions made by the local 
                educational agency regarding the rights under this 
                title of a child in foster care, including--
                            (i) an explanation of the basis for the 
                        decision;
                            (ii) the right to appeal the decision; and
                            (iii) the right of the child to remain in 
                        the child's current school while a dispute is 
                        pending.
                    (C) Ensuring compliance with this title by all 
                schools served by the local educational agency.
                    (D) Identifying and removing any barriers that 
                exist in schools served by the local educational 
                agency, including--
                            (i) barriers identified in the plan under 
                        subsection (b)(3)(B);
                            (ii) barriers to remaining or enrolling in 
                        a school of origin, or to enrolling promptly in 
                        a new school for a child in foster care if such 
                        enrollment is in the child's best interest; or
                            (iii) other barriers impeding the rights of 
                        a child in foster care under this title.
                    (E) Ensuring that the schools served by the local 
                educational agency promptly transfer the school credits 
                and partial school credits of children in foster care, 
                and provide children in foster care with access to 
                credit recovery programs or services.

SEC. 112. SUBGRANTS.

    (a) In General.--The State educational agency shall, in accordance 
with section 111(b)(2), award subgrants, on a competitive basis, to 
public agencies, including local educational agencies and local child 
welfare agencies, or partnerships comprised of public agencies, to 
carry out the requirements of this title or clause (ii)(II), (iii), or 
(iv) of section 475(1)(G) of the Social Security Act (42 U.S.C. 
675(1)(G)).
    (b) Application.--A public agency, or a partnership of public 
agencies, desiring a subgrant under this section shall submit an 
application to the State educational agency at such time, in such 
manner, and containing such information as the State educational agency 
may require.
    (c) Award Basis.--
            (1) In general.--The State educational agency shall award 
        subgrants under this section based on--
                    (A) the established need for attention to the 
                education of children in foster care in the area served 
                by the public agency or partnership of public agencies; 
                and
                    (B) the quality of activities proposed to address 
                such need by the agency or partnership in the 
                application described in subsection (b).
            (2) Priority.--In awarding subgrants under this section, 
        the State educational agency shall give priority to the 
        following applicants:
                    (A) Local child welfare agencies that have entered 
                into agreements with local educational agencies to 
                share responsibilities for providing, arranging, and 
                paying for the transportation of children in foster 
                care to the children's school of origin in a cost-
                effective manner.
                    (B) Local educational agencies that have entered 
                into such agreements with local child welfare agencies.
                    (C) Partnerships that--
                            (i) include not less than 1 local child 
                        welfare agency and not less than 1 local 
                        educational agency; and
                            (ii) have entered into such agreements.
    (d) Use of Funds.--A public agency, or a partnership of public 
agencies, receiving a subgrant under this section shall use subgrant 
funds to assist the State educational agency providing the subgrant in 
meeting the State's responsibilities under this title or clause 
(ii)(II), (iii), or (iv) of section 475(1)(G) of the Social Security 
Act (42 U.S.C. 675(1)(G)), which assistance may include--
            (1) funding of foster care liaison positions, as described 
        in section 101(b)(3), at the local educational agency;
            (2) coordinating activities that support the purposes of 
        this title between local educational agencies, local child 
        welfare agencies, and other relevant agencies;
            (3) expenditures for transportation costs;
            (4) tutoring or other educational support services 
        specifically targeted to children in foster care;
            (5) expediting special education evaluations for children 
        in foster care;
            (6) pupil activities and services needed to promote school 
        and preschool success for children in foster care;
            (7) training for the staff of the State educational agency, 
        the local educational agencies, the State child welfare agency, 
        and the local child welfare agencies, and for children in 
        foster care, such children's families, and others involved with 
        children in foster care, about--
                    (A) the unique educational needs of children in 
                foster care;
                    (B) the benefits afforded under this title; and
                    (C) other issues that further the purposes of this 
                title; and
            (8) assisting in funding State-level education coordinators 
        in the State child welfare agency and local education liaisons 
        within the local child welfare agency to be specific points of 
        contact on education issues.

SEC. 113. RESPONSIBILITIES OF THE SECRETARY.

    (a) Review of State Plans.--
            (1) In general.--The Secretary of Education, in 
        collaboration with the Secretary of Health and Human Services, 
        shall review the plan submitted or resubmitted by a State under 
        section 111(c). If the plan meets the requirements of section 
        111 and is reasonably calculated to ensure that all children in 
        foster care in the State receive all rights, benefits, and 
        protections required by this title, the Secretary shall approve 
        the plan.
            (2) Disapproval.--
                    (A) In general.--If a plan does not meet the 
                requirements described in paragraph (1), the Secretary 
                shall disapprove the plan and provide the State 
                educational agency with specific findings as to what 
                needs to be corrected for approval.
                    (B) Review process.--The Secretary shall promulgate 
                regulations establishing a system by which States whose 
                plans are disapproved can appeal such disapproval.
    (b) Technical Assistance.--The Secretary shall provide--
            (1) training, support, and technical assistance to a State 
        educational agency receiving a grant to assist the State 
        educational agency in carrying out its responsibilities under 
        this title; and
            (2) training, support, and technical assistance to a State 
        that has had the State's plan described in section 111 
        disapproved.
    (c) Submission and Distribution.--The Secretary shall--
            (1) require applications for grants under this subtitle to 
        be submitted to the Secretary not later than the expiration of 
        the 60-day period beginning on the date that funds are 
        available for purposes of making such grants; and
            (2) award such grants not later than the expiration of the 
        120-day period beginning on such date.
    (d) Determination by Secretary.--The Secretary, based on the 
information received from the States and information gathered by the 
Secretary under this subtitle and under section 101(b)(11), shall 
determine the extent to which State educational agencies are ensuring 
that each child in foster care has access to a free, appropriate public 
education.
    (e) Information.--
            (1) Coordination; enforcement.--The Secretary shall 
        coordinate and enforce the information collection requirements 
        under this subtitle and section 101(b)(12).
            (2) Data collection and dissemination.--The Secretary 
        shall--
                    (A) directly or through grants, contracts, or 
                cooperative agreements, periodically collect and 
                disseminate data and information regarding the 
                education of children in foster care; and
                    (B) require each State receiving a grant under this 
                subtitle to annually provide--
                            (i) the information described in section 
                        101(b)(12)(A); and
                            (ii) such other data and information as the 
                        Secretary determines to be necessary and 
                        relevant to carry out this subtitle.
    (f) Evaluation and Dissemination.--The Secretary shall conduct 
evaluation and dissemination activities regarding programs designed to 
meet the educational needs of elementary and secondary school students 
who are children in foster care.
    (g) Report.--Not later than 4 years after the date of enactment of 
this Act, the Secretary shall prepare and submit to the Committee on 
Education and Labor and the Committee on Ways and Means of the House of 
Representatives and the Committee on Health, Education, Labor, and 
Pensions and the Committee on Finance of the Senate a report on the 
status of the education of children in foster care, which shall include 
information on--
            (1) the educational outcomes of children in foster care; 
        and
            (2) the actions of the Secretary and the effectiveness of 
        the programs supported under this title.

SEC. 114. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out the subtitle, 
$150,000,000 for each of the fiscal years 2011 through 2015.

                TITLE II--SOCIAL SECURITY ACT AMENDMENTS

SEC. 201. SOCIAL SECURITY ACT AMENDMENTS.

    (a) Educational Stability for Foster Care Children.--Section 
475(1)(G) of the Social Security Act (42 U.S.C. 675(1)(G)) is amended--
            (1) in clause (ii)--
                    (A) by striking ``or'' at the end of subclause (I) 
                and inserting ``and''; and
                    (B) by striking subclause (II), and inserting the 
                following:
                            ``(II) assurances that the State agency has 
                        coordinated with the appropriate local 
                        educational agency to ensure that the child 
                        remains in the school in which the child is 
                        enrolled at the time of placement including, 
                        when necessary, the State agency arranging for, 
                        providing, or paying the cost of the 
                        transportation necessary to enable the child to 
                        remain in the school;''; and
            (2) by adding at the end the following:
                            ``(iii) assurances by the State agency and 
                        the local educational agencies, if remaining in 
                        such school is not in the best interests of the 
                        child, to provide immediate and appropriate 
                        enrollment in a new school, with all of the 
                        educational records provided to the school; and
                            ``(iv) assurances by the State agency and 
                        local child welfare agencies that steps have 
                        been undertaken to collaborate with the State 
                        and local educational agencies to eliminate 
                        barriers to the educational stability, school 
                        enrollment, and educational success of the 
                        child.''.
    (b) State Plan Requirement.--Section 471 of the Social Security Act 
(42 U.S.C. 671(a)) is amended--
            (1) in paragraph (32), by striking ``and'' after the 
        semicolon;
            (2) in paragraph (33), by striking the period at the end 
        and inserting a semicolon; and
            (3) by adding at the end the following:
            ``(34) provides that the State agency and local child 
        welfare agencies will collaborate with the State and local 
        educational agencies to collect the data and other information 
        necessary to monitor implementation of the requirements of 
        clauses (ii)(II), (iii), and (iv) of subparagraph (G) of 
        section 475(1) and the provisions of section 101 of the 
        Fostering Success in Education Act; and
            ``(35) provides that the State agency and local child 
        welfare agencies have identified staff within the agencies to 
        be the point people with the State and local educational 
        agencies related to educational issues, including the 
        implementation of the requirements of clauses (ii)(II), (iii), 
        and (iv) of subparagraph (G) of section 475(1), as well as to 
        coordinate with educational agency liaisons and coordinators to 
        implement the provisions of section 101 of the Fostering 
        Success in Education Act.''.
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