I 
111TH CONGRESS 
2D SESSION 
H. R. 5817 
To provide children in foster care with school stability and equal access 
to educational opportunities. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 22, 2010 
Mr. LEWIS of Georgia introduced the following bill; which was referred to the 
Committee on Education and Labor, and in addition to the Committee 
on Ways and Means, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To provide children in foster care with school stability and 
equal access to educational opportunities. 
Be it enacted by the Senate and House of Representa-
tives 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. 
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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 find-
ings: 
(1) Educational success is vital to every young 
person’s well-being, successful transition to adult-
hood, and economic stability. 
(2) At the end of fiscal year 2007, approxi-
mately 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 stu-
dent population with respect to test scores, gradua-
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tion rates, and successful transitions to postsec-
ondary 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 im-
mediate 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 ac-
curate education records, which often results in the 
child’s placement in inappropriate classes and edu-
cational settings. 
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(10) When foster children change schools, they 
often have difficulties transferring credits from pre-
vious 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 re-
maining 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 Suc-
cess and Increasing Adoptions Act of 2008 requires 
child welfare agencies to coordinate with local edu-
cational 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 Con-
gress 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 
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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 popu-
lation; and 
(B) ensure school stability, immediate en-
rollment, and access to appropriate services; 
and 
(2) such efforts will significantly increase the 
secondary school graduation rates and improve edu-
cational outcomes for children in foster care. 
SEC. 3. PURPOSE. 
The purpose of this Act is to ensure that the edu-
cational 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; 
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(3) ensuring that issues related to stability in 
education, school attendance, and the proper han-
dling of information, including education records 
and health records, are coordinated between schools 
and child welfare agencies; and 
(4) ensuring that a coordinated process is uti-
lized to address the best interest and needs of the 
child with regard to school placements, school at-
tendance, 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 place-
ment 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 ap-
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pointed 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 ‘‘edu-
cation records’’ means documents and other mate-
rials 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 ‘‘elemen-
tary school’’ has the meaning given the term in sec-
tion 9101 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7801). 
(6) ENROLLMENT.—The term ‘‘enrollment’’ 
means attending classes in a public preschool pro-
gram, an elementary school, or secondary school and 
participating fully in the activities of such school or 
program. 
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(7) LOCAL
CHILD
WELFARE
AGENCY.—The 
term ‘‘local child welfare agency’’ means, with re-
spect 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 re-
sponsible 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 Sec-
ondary Education Act of 1965 (20 U.S.C. 7801). 
(9) PARENT.—The term ‘‘parent’’ means a bio-
logical 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 agen-
cy’’ means any State or local government entity. 
(12) PUBLIC PRESCHOOL PROGRAM.—The term 
‘‘public preschool program’’ means a preschool pro-
gram funded, administered, or overseen by a State 
educational agency, local educational agency, or 
other State agency. 
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(13) RECIPIENT STATE.—The term ‘‘recipient 
State’’ means a State that receives funds under part 
A of title I of the Elementary and Secondary Edu-
cation 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 en-
rolled prior to entry into foster care. 
(B) The school in which the child is en-
rolled 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). 
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(17) SECONDARY
SCHOOL.—The term ‘‘sec-
ondary school’’ has the meaning given the term in 
section 9101 of the Elementary and Secondary Edu-
cation 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 SERV-
ICES.—The terms ‘‘special education’’ and ‘‘related 
services’’ have the meaning given such terms in sec-
tion 602 of the Individuals with Disabilities Edu-
cation 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 Sec-
ondary Education Act of 1965 (20 U.S.C. 7801). 
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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 re-
spect 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. 
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TITLE I—EDUCATIONAL RIGHTS 
FOR CHILDREN IN FOSTER CARE 
Subtitle A—Required Educational 
Rights, Protections, and Serv-
ices 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 con-
tinue 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 re-
quired under subparagraph (B)), unless it is de-
termined 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
PLACE-
MENT.—In the case of a child in foster care for 
whom the child welfare case is closed as a re-
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the status of records normally required for enroll-
ment 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 with-
drawn from the previous school in con-
formance with local withdrawal procedures; 
and 
(iii) maintained in a manner con-
sistent with section 444 of the General 
Education Provisions Act (commonly re-
ferred to as the ‘‘Family’’ (20 U.S.C. 
1232g). 
(B) 
RECORDS
FOR
ACADEMIC
DECI-
SIONS.—The education records needed for aca-
demic placement decisions and decisions regard-
ing the transfer of school course credits for a 
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child in foster care shall be released imme-
diately 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.); 
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(II) publicly funded early child-
hood 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 edu-
cation 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; 
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(E) attending the elementary school or sec-
ondary school that serves the child’s school at-
tendance 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 edu-
cational 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 attend-
ance area, based on the school selection de-
cision for the child; or 
(iii) the education decisionmaker con-
sents to another appropriate school place-
ment. 
(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 accord-
ance with this subsection, paragraphs (4)(H) 
and (5)(D) of subsection (b), and section 
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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 respon-
sibility 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 require-
ments: 
(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 ori-
gin for a child in foster care or that may pro-
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hibit 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, appro-
priate public education as is provided to 
other children; and 
(ii) receive the protections of this sub-
title. 
(B) NO
DELAY.—Nothing in this sub-
section shall be construed to permit a State or 
local educational agency to delay implementa-
tion of this Act until such review and revision 
is completed. 
(2) COORDINATOR.— 
(A) IN
GENERAL.—The State shall des-
ignate a coordinator within the State edu-
cational 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 
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other State and local agencies necessary to im-
plement 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 al-
lotment 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 responsibil-
ities 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 in-
formation on the problems children in fos-
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ter care have in gaining access to public 
preschool programs and schools; 
(iii) monitoring the progress of the 
State and local educational agencies in ad-
dressing any problems or difficulties in 
meeting the requirements of this title; 
(iv) ensuring the success of the pro-
grams 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 im-
plementation of this title and the edu-
cational outcomes of children in foster care 
and reporting such information to the ap-
propriate State officials and to the Sec-
retary; and 
(vii) ensuring effective implementation 
of a dispute resolution procedure, as de-
scribed in paragraph (5), and a complaint 
management system, as described in para-
graph (6). 
(3) FOSTER CARE LIAISON.— 
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(A) IN GENERAL.—The State educational 
agency shall ensure that each local educational 
agency in the State designates a foster care liai-
son with sufficient capacity, resources, and time 
to fulfill the requirements of this title effec-
tively. 
(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 elemen-
tary or secondary school, in accord-
ance with any school selection decision 
made for the child; and 
(III) has a full and equal oppor-
tunity to succeed in the child’s school 
program and receive educational serv-
ices for which the child is eligible, in-
cluding— 
(aa) special education and 
related services and protections 
under the Individuals with Dis-
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abilities 
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 deci-
sionmaker 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 serv-
ing the child works collaboratively with in-
dividuals designated by the local child wel-
fare agency to ensure— 
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(I) that child welfare agency per-
sonnel are informed of the rights of 
children in foster care and responsibil-
ities of the State and local agencies 
under this title; 
(II) that a child in foster care in 
a school served by the local edu-
cational 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 pro-
vision 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 
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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 par-
ent 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 ap-
propriate court of an education deci-
sionmaker 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 ap-
propriate entity described in subparagraph (B) 
shall make an individualized school selection de-
cision 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 im-
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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 de-
cisionmaker may do so by contacting the 
appropriate foster care liaison described in 
clause (iii). 
(D) DEPENDENCY COURT DECISION.—Not-
withstanding any other provision of this sub-
section, if the court with dependency jurisdic-
tion 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 deter-
mination shall be binding on all parties, the 
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State educational agency, and the appropriate 
local educational agency. 
(E) SOURCES
OF
INFORMATION; 
FAC-
TORS.— 
(i) SOURCES OF INFORMATION.—The 
entity making the school selection decision 
for a child in foster care shall consider in-
formation and factors provided by— 
(I) the State child welfare agen-
cy, local child welfare agency, State 
educational agency, local educational 
agency, or other public agency; and 
(II) individuals who have knowl-
edge about the child’s education, in-
cluding the child and the parent, edu-
cational 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; 
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(II) the age of the child; 
(III) the impact the commute to 
school may have on the child’s edu-
cation or well-being; 
(IV) personal safety issues, in-
cluding safety as it relates to family 
violence; 
(V) the child’s need for special 
instruction, including special edu-
cation 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 edu-
cational program of the school of ori-
gin is appropriate, meets the child’s 
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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 edu-
cational agency serving the school of origin 
in which a child in foster care shall remain 
or enroll, based on the school selection de-
cision 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 man-
ner 
and 
in 
accordance 
with 
section 
475(1)(G)(ii)(II) of the Social Security Act 
(42 U.S.C. 675(1)(G)(ii)(II)). 
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(ii) COST
OF
TRANSPORTATION.—In 
carrying out clause (i), a local educational 
agency shall provide the transportation de-
scribed in such clause for a child in foster 
care if— 
(I) the local child welfare agency 
reimburses the local educational agen-
cy for the cost of such transportation, 
in 
accordance 
with 
section 
475(1)(G)(ii)(II) of the Social Secu-
rity 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 trans-
portation. 
(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 dis-
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putes, except that such procedure shall not be 
applied to disputes regarding school selection 
decisions made by a court. 
(B) COMPONENTS
OF
DISPUTE
RESOLU-
TION.—The dispute resolution procedure de-
scribed 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 selec-
tion decision and basis for the decision to 
the— 
(I) parent, education decision-
maker, and court representative of the 
child; and 
(II) local child welfare agency 
serving the child; 
(iii) a right to appeal a school selec-
tion decision, an impartial and prompt re-
view of such decision, and a written deter-
mination of the administrative appeal; and 
(iv) a right to initiate a dispute under 
this paragraph that is provided to— 
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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 transpor-
tation 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 sys-
tem 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 FOS-
TER 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 re-
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quirements of this subsection with respect 
to such children, except that such pro-
grams 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 pro-
gram, through activities such as— 
(I) reserving spaces in public pre-
school programs for children in foster 
care; 
(II) conducting targeted outreach 
to local child welfare agencies and fos-
ter care providers; 
(III) waiving application dead-
lines; 
(IV) providing ongoing profes-
sional development for staff regarding 
the needs of children in foster care 
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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 fund-
ed, administered, or overseen by the State edu-
cational agency or a local educational agency, 
the State agency that funds such public pre-
school programs shall— 
(i) develop, review, and revise its poli-
cies and practices to remove barriers to the 
enrollment, attendance, retention, and suc-
cess of children in foster care in public 
preschool programs funded, administered, 
or overseen by the agency; 
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(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) 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 identi-
fied 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 subpara-
graph (G) of section 475(1) of the So-
cial Security Act (42 U.S.C. 675(1)). 
(ii) The requirement under subpara-
graph (H) of section 475(5) of the Social 
Security Act (42 U.S.C. 675(5)) to provide 
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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 
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 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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(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-
sion makers, 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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(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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