Education Stability for Foster Youth Act

To amend the Elementary and Secondary Education Act of 1965 to assure educational stability for children in foster care, and for other purposes. 1. Short title This Act may be cited as the Education Stability for Foster Youth Act 2. Educational stability for foster children (a) State plans Section 1111(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 (11) Ensuring collaboration for children in foster care Each State plan shall describe the steps a State educational agency will take to ensure collaboration with the State agency responsible for administering the State plans under parts B and E of title IV of the Social Security Act ( 42 U.S.C. 621 et seq. (A) any such child is enrolled or remains in such child's school of origin unless a determination is made that it is not in such child's best interest to attend the school of origin, which decision shall be based on all factors relating to the best interest of the child, including consideration of the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement; (B) when a determination is made that it is not in the best interest of such child to remain in the school of origin, such child is immediately enrolled in a new school, even if such child is unable to produce records normally required for enrollment; (C) the enrolling school shall immediately contact the school last attended by any such child to obtain relevant academic and other records; and (D) the State educational agency will designate an employee to serve as a point of contact for child welfare agencies and to oversee implementation of the State agency responsibilities required under this subparagraph, and such point of contact shall not be the State’s Coordinator for Education of Homeless Children and Youths under section 722(d)(3) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11432(d)(3) . (b) Local plans Section 1112(c)(1) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(c)(1) (1) in subparagraph (N), by striking and (2) in subparagraph (O), by striking the period at the end and inserting ; and (3) by adding at the end the following: (P) (i) collaborate with the State or local child welfare agency and, by not later than 1 year after the date of enactment of the Education Stability for Foster Youth Act (I) acknowledge that children in foster care needing transportation to the school of origin will promptly receive transportation in a cost-effective manner and in accordance with section 475(1)(G) of the Social Security Act ( 42 U.S.C. 675(1)(G) (II) ensure that, if there are additional costs incurred in providing transportation to maintain children in foster care in their schools of origin, the local educational agency will provide transportation to the school of origin if— (aa) the local child welfare agency agrees to reimburse the local educational agency for the cost of such transportation; (bb) the local educational agency agrees to pay for the cost of such transportation; or (cc) the local educational agency and the local child welfare agency agree to share the cost of such transportation; and (ii) designate a point of contact if the corresponding child welfare agency notifies the local educational agency, in writing, that the agency has designated an employee to serve as a point of contact for the local educational agency. . 3. Report on implementation of educational stability of children in foster care Not later than 2 years after the date of enactment of this Act, the Secretary of Education and the Secretary of Health and Human Services shall submit to the appropriate committees of Congress a report on the implementation of sections 1111(b)(11) and 1112(c)(1)(P) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(11) 4. Definition of homeless child or youth (a) In general Section 725(2)(B)(i) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a(2)(B)(i) (1) by inserting or are abandoned (2) by striking or are awaiting foster care placement; (b) Effective date The amendment made by subsection (a) shall take effect on the date that is 1 year after the date of enactment of this Act. (c) Application (1) In general Notwithstanding subsection (b), for a covered State, the amendment made by subsection (a) shall apply on the date that is 2 years after such date of enactment. (2) Definition In this subsection, the term covered State awaiting foster care placement 42 U.S.C. 11431 et seq.

Summary: Education Stability for Foster Youth Act This bill amends the Elementary and Secondary Education Act of 1965 to require a state plan for academic content and achievement standards to describe how the state will ensure the educational stability of children in foster care. Specifically, a state plan must include assurances that: (1) a foster child will remain or be enrolled in the child’s school of origin absent a determination that such enrollment is not in the child’s best interest; (2) if such a determination is made, the child will be immediately enrolled in a new school, which must immediately contact the child’s previous school to obtain relevant records; and (3) the state will designate a point of contact for child welfare agencies, who shall also oversee implementation of the state’s responsibilities under the bill. Relatedly, a local educational agency (LEA) plan must provide assurances that the LEA will develop and implement procedures governing the provision and funding of transportation services necessary to maintain a foster child’s enrollment in the child’s school of origin. This bill amends the McKinney-Vento Homeless Assistance Act to alter the definition of “homeless children and youths” to no longer include children who are awaiting foster care placement.