(ii) provide preschool-aged children in 
foster care with the rights described in 
subsection (a), and comply with the re-
quirements of this subsection with respect 
to such children, except that such pro-
grams— 
(I) shall not be required to enroll 
a child in foster care immediately in a 
public preschool program that is oper-
ating at full capacity when enrollment 
is sought for the child, unless other-
wise required by State law; 
(II) shall not be subject to the 
dispute resolution procedures of the 
State educational agency or local edu-
cational 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 
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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 para-
graph (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 pro-
grams, 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 
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(iv) review the educational and related 
needs of children in foster care and the 
children’s families in the State, in coordi-
nation with the coordinator described in 
paragraph (2), and develop policies and 
practices to meet identified needs. 
(C) SCHOOL
OF
ORIGIN.—For the pur-
poses 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 re-
view 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 
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that the records are as complete and accurate 
as possible. 
(C) COMPLIANCE
WITH
FERPA.—Edu-
cation 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 agen-
cy or other child welfare system advocates 
in a manner that complies with such sec-
tion. 
(D) EXPEDITED TRANSFER.—Each foster 
care liaison described in paragraph (3) and co-
ordinator described in paragraph (2) within a 
State shall work to expedite the transfer of edu-
cation 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 chang-
ing schools can transfer school credits and 
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receive partial credits for coursework satis-
factorily 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 al-
lowing a child in foster care who has experi-
enced multiple school placements to receive a 
secondary school diploma either from one of the 
school districts in which the student was en-
rolled 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 ex-
tracurricular programs that are created by ap-
plication or entrance deadlines and other admis-
sions requirements that children in foster care 
cannot 
meet 
because 
of 
frequent 
school 
changes. 
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(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 at-
tendance 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 seg-
regated 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.— 
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a child in foster care with assistance and 
support in developing a transition plan for 
aging out of foster care to independent liv-
ing. 
(iii) The programs and activities, in-
cluding vouchers for education and train-
ing, 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 inde-
pendent 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 edu-
cation-related provisions of the plan. 
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(C) LOCAL EDUCATIONAL AGENCY ROLE.— 
Each local educational agency of the State 
shall— 
(i) cooperate with the implementation 
of programs, activities, services, and vouch-
ers described in subparagraph (A); and 
(ii) ensure that such programs, activi-
ties, services, and vouchers are coordinated 
with any education plans developed by the 
local educational agency, including, when 
appropriate, any plan for transition serv-
ices for a child in foster care that is in-
cluded in the child’s individualized edu-
cation 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 re-
port 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 pre-
school programs; 
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(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 disaggre-
gated 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 edu-
cation 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 agen-
cies shall collaborate with the State child wel-
fare agency and local child welfare agencies to 
collect and share necessary information in order 
to generate such reports. 
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(c) COLLABORATION.—To carry out this section, each 
State educational agency and the local educational agen-
cies 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 pro-
ceeding 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 pre-
vailing party who is acting on behalf of a child in 
foster care. 
(4) STATE SOVEREIGN IMMUNITY.— 
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(A) IN GENERAL.—A recipient State’s re-
ceipt or use of funds under title I of the Ele-
mentary 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, proce-
dures, and remedies available under— 
(1) the Constitution; 
(2) the McKinney-Vento Homeless Assistance 
Act (42 U.S.C. 11461 et seq.); 
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(3) the Fostering Connections to Success and 
Increasing Adoptions Act of 2008 (Public Law 110– 
351), or the amendments made by such Act; 
(4) section 444 of the General Education Provi-
sions 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 fos-
ter care, as defined in section 4 of the Fos-
tering Success in Education Act, are included 
in academic assessment, reporting, and account-
ability systems, in accordance with paragraph 
(3)(C)(xi).’’; and 
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(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 fol-
lowing: 
‘‘(15) the State and State educational agency 
will ensure that the requirements of section 101 of 
the Fostering Success in Education Act will be satis-
fied.’’; 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 sec-
tion 101 of the Fostering Success in Education 
Act that relate to the local educational agen-
cy.’’. 
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Subtitle B—State Foster Care and 
Education Plan Grants 
SEC. 111. STATE FOSTER CARE AND EDUCATION PLAN RE-
QUIREMENTS AND GRANTS. 
(a) GENERAL AUTHORITY.—From amounts appro-
priated 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 subpara-
graphs (B) and (C), the Secretary is authorized 
to make an allotment to each State with an ap-
proved 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. 
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(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 de-
scribed in subparagraphs (A) and (B), the Sec-
retary shall ratably reduce the amount of all 
such grants. 
(2) RESERVATIONS.— 
(A) RESERVATION FOR TECHNICAL ASSIST-
ANCE AND EVALUATION.—Of the funds made 
available to carry out this section, the Secretary 
shall reserve 1 percent of such funds to pro-
vide— 
(i) technical assistance to States that 
receive grants under this subtitle; and 
(ii) rigorous evaluation of the activi-
ties 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 
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Virgin Islands, Guam, American Samoa, and 
the Commonwealth of the Northern Mariana Is-
lands, according to their respective need for as-
sistance 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 Sec-
retary, and the Secretary has approved under sec-
tion 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 
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(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 of-
ficer of the State before submission to the 
Secretary. 
(B) ANNUAL REVIEW.—Each State receiv-
ing 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 
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plan, with amendments as necessary, after col-
laboration 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 Sec-
retary. 
(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 bar-
riers 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 sec-
tion 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; 
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(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 trans-
portation to maintain each child in foster care 
in the appropriate school will be provided, ar-
ranged, 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 diplo-
mas 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 sys-
tem will— 
(i) operate; 
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(ii) resolve disputes about school sta-
bility, immediate enrollment, and eligibility 
for services under the title; 
(iii) provide notice to children in fos-
ter care, and the parents, educational deci-
sionmakers, and court representatives, of 
the rights of children under section 101(a) 
and the processes for obtaining a school se-
lection decision for the child and for resolv-
ing 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 in-
volved, and will continue to involve, individuals 
representing all critical stakeholders involved 
with children in foster care, including children 
in foster care, parents, education decision-
makers, foster parents and other caretakers, 
caseworkers, court representatives, and judges, 
in the development of the plan and when mak-
ing decisions about policies and procedures to 
implement this title; 
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(I) a description of how training needs re-
lating to children in foster care will be identi-
fied and addressed for— 
(i) critical stakeholders in the State 
educational agency, local educational agen-
cies, 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 require-
ments 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 Ele-
mentary 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; 
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(L) a description of all efforts to promote 
efficient record maintenance and sharing to fur-
ther 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 enroll-
ment for children in foster care, as required 
under section 101(a)(3), will be achieved, in-
cluding 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 re-
quirements of this title and for maintaining a 
complaint management system as required 
under section 101(b)(12). 
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(d) USE OF FUNDS.—A State receiving an allotment 
under this subtitle shall use— 
(1) not more than 25 percent of the State’s al-
lotment 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 allot-
ment 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 su-
pervision of programs and activities receiv-
ing funds under this subtitle, including the 
activities described in paragraph (2) and 
subgrants awarded under section 112; 
(ii) monitoring programs and activi-
ties used by the State to carry out this 
title, whether or not such programs or ac-
tivities are receiving assistance under this 
subtitle; and 
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(iii) ensuring that the State is in com-
pliance with the requirements under this 
title. 
(B) 
COLLABORATION.—A 
State 
edu-
cational agency shall collaborate with the State 
child welfare agency in carrying out the respon-
sibilities under this paragraph. 
(2) ACTIVITIES.—Each State receiving a grant 
under this subtitle shall carry out the following ac-
tivities: 
(A) STAKEHOLDER COUNCIL.— 
(i) IN
GENERAL.—The State edu-
cational agency shall establish a Stake-
holder Council (referred to in this para-
graph as the ‘‘Council’’) that meets pub-
licly 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 
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representatives, court appointed spe-
cial 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 submis-
sion or resubmission; 
(III) make recommendations re-
garding procedures and policies for 
implementing this title; 
(IV) assess progress towards 
eliminating identified barriers to com-
pliance that are described in sub-
section (c)(3)(B); 
(V) prepare and submit an an-
nual report to the State educational 
agency, the State child welfare agen-
cy, any other applicable State agency, 
and the Secretary on the status of im-
plementation efforts, including an 
analysis of data collected; and 
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(VI) make recommendations re-
garding the next steps the State 
should take regarding implementation 
and submit such recommendations to 
the Secretary with each plan resub-
mission 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
REQUIRE-
MENTS.—Each local educational agency in a State receiv-
ing 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 edu-
cational 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 edu-
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cational agency remains in a school of origin or 
is immediately enrolled in a new school, in ac-
cordance with the child’s best interest as re-
quired under section 101(a). 
(B) Documenting that written notice has 
been provided to the parent, education decision-
maker, and court representative of the child 
and the local child welfare agency representa-
tive 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 agen-
cy. 
(D) Identifying and removing any barriers 
that exist in schools served by the local edu-
cational agency, including— 
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(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 fos-
ter 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 pro-
grams or services. 
SEC. 112. SUBGRANTS. 
(a) IN GENERAL.—The State educational agency 
shall, in accordance with section 111(b)(2), award sub-
grants, on a competitive basis, to public agencies, includ-
ing local educational agencies and local child welfare agen-
cies, 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)). 
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(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 agen-
cy at such time, in such manner, and containing such in-
formation as the State educational agency may require. 
(c) AWARD BASIS.— 
(1) IN GENERAL.—The State educational agen-
cy 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 ad-
dress 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. 
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‘‘(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 includ-
ing, when necessary, the State agency ar-
ranging for, providing, or paying the cost 
of the transportation necessary to enable 
the child to remain in the school;’’; and 
(3) by adding at the end the following: 
‘‘(iii) assurances by the State agency 
and the local educational agencies, if re-
maining 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 sta-
bility, school enrollment, and educational 
success of the child.’’. 
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