I 
112TH CONGRESS 
2D SESSION 
H. R. 5868 
To provide children in foster care with school stability and equal access 
to educational opportunities. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 30, 2012 
Mr. LEWIS of Georgia introduced the following bill; which was referred to the 
Committee on Education and the Workforce, and in addition to the Com-
mittee 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.—The Congress makes the following 
findings: 
(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 the 
Congress that— 
(1) in order to successfully meet the needs of 
the 500,000 children in foster care in the United 
States, State educational agencies, local educational 
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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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sult of the child returning home or achieving 
another permanency outcome during a school 
year— 
(i) the child shall be entitled to com-
plete the school year in the school that the 
child is attending unless the entity making 
the school selection decision determines 
that a change in schools is in the child’s 
best interest; and 
(ii) necessary transportation to the 
current school shall be arranged and fund-
ed by the local educational agency in which 
the current school is located. 
(2) TREATMENT AS RESIDENT.—A child in fos-
ter care who remains in a school of origin shall be 
treated by the local educational agency serving such 
school as if the child resides in the school district 
and is entitled to all school privileges. 
(3) IMMEDIATE ENROLLMENT.—If it is deter-
mined through the school selection process that it is 
not in the best interest of a child in foster care to 
attend a school of origin, or if a school selection de-
cision is not sought for the child, the child shall have 
the right to be immediately enrolled in a new school 
in the child’s school attendance area, regardless of 
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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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(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; 
and 
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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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mediately enrolled in the appropriate school 
where the child resides. 
(B) ENTITIES MAKING SCHOOL SELECTION 
DECISIONS.—The school selection decision shall 
be made by the local educational agency that 
serves the school of origin in which enrollment 
is sought for a child in foster care, unless the 
State determines the school selection decision 
shall be made solely by— 
(i) the dependency court; 
(ii) the State child welfare agency; or 
(iii) the local child welfare agency. 
(C) INITIATING A SCHOOL SELECTION DE-
CISION.— 
(i) IN GENERAL.—The local child wel-
fare agency responsible for a child in foster 
care shall, after consultation with the child 
and with the education decisionmaker and 
parent of the child, initiate the school se-
lection decision process under this para-
graph if the agency believes that a child 
should remain or enroll in a school of ori-
gin. 
(ii) TIMING.—A school selection deci-
sion may be requested for a child in foster 
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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 extracurricular 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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(I) the parent, education deci-
sionmaker, and court representative of 
the child; and 
(II) a representative from the 
local child welfare agency or local edu-
cational agency serving the child. 
(C) SCHOOL
PLACEMENT
DURING
DIS-
PUTE.—If a dispute arises over the school selec-
tion decision, the child shall remain in the 
child’s current school until full resolution of the 
dispute, unless— 
(i) the dependency court determines 
otherwise and selects a different school for 
the child; or 
(ii) the State child welfare agency or 
local child welfare agency with responsi-
bility for the child determines that the 
child’s health or safety would be at risk if 
the child remained in such school prior to 
a determination made under subparagraph 
(A) and selects a different school for the 
child. 
(D) TRANSPORTATION.—In the case of a 
dispute under this paragraph regarding a child 
in foster care, the local educational agency 
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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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