(i) barriers identified in the plan 
under subsection (b)(3)(B); 
(ii) barriers to remaining or enrolling 
in a school of origin, or to enrolling 
promptly in a new school for a child in fos-
ter care if such enrollment is in the child’s 
best interest; or 
(iii) other barriers impeding the rights 
of a child in foster care under this title. 
(E) Ensuring that the schools served by 
the local educational agency promptly transfer 
the school credits and partial school credits of 
children in foster care, and provide children in 
foster care with access to credit recovery pro-
grams or services. 
SEC. 112. SUBGRANTS. 
(a) IN GENERAL.—The State educational agency 
shall, in accordance with section 111(b)(2), award sub-
grants, on a competitive basis, to public agencies, includ-
ing local educational agencies and local child welfare agen-
cies, or partnerships comprised of public agencies, to carry 
out the requirements of this title or clause (ii)(II), (iii), 
or (iv) of section 475(1)(G) of the Social Security Act (42 
U.S.C. 675(1)(G)). 
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(b) APPLICATION.—A public agency, or a partnership 
of public agencies, desiring a subgrant under this section 
shall submit an application to the State educational agen-
cy at such time, in such manner, and containing such in-
formation as the State educational agency may require. 
(c) AWARD BASIS.— 
(1) IN GENERAL.—The State educational agen-
cy shall award subgrants under this section based 
on— 
(A) the established need for attention to 
the education of children in foster care in the 
area served by the public agency or partnership 
of public agencies; and 
(B) the quality of activities proposed to ad-
dress such need by the agency or partnership in 
the application described in subsection (b). 
(2) PRIORITY.—In awarding subgrants under 
this section, the State educational agency shall give 
priority to the following applicants: 
(A) Local child welfare agencies that have 
entered into agreements with local educational 
agencies to share responsibilities for providing, 
arranging, and paying for the transportation of 
children in foster care to the children’s school 
of origin in a cost-effective manner. 
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(B) Local educational agencies that have 
entered into such agreements with local child 
welfare agencies. 
(C) Partnerships that— 
(i) include not less than 1 local child 
welfare agency and not less than 1 local 
educational agency; and 
(ii) have entered into such agree-
ments. 
(d) USE OF FUNDS.—A public agency, or a partner-
ship of public agencies, receiving a subgrant under this 
section shall use subgrant funds to assist the State edu-
cational agency providing the subgrant in meeting the 
State’s responsibilities under this title or clause (ii)(II), 
(iii), or (iv) of section 475(1)(G) of the Social Security 
Act (42 U.S.C. 675(1)(G)), which assistance may in-
clude— 
(1) funding of foster care liaison positions, as 
described in section 101(b)(3), at the local edu-
cational agency; 
(2) coordinating activities that support the pur-
poses of this title between local educational agencies, 
local child welfare agencies, and other relevant agen-
cies; 
(3) expenditures for transportation costs; 
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(4) tutoring or other educational support serv-
ices specifically targeted to children in foster care; 
(5) expediting special education evaluations for 
children in foster care; 
(6) pupil activities and services needed to pro-
mote school and preschool success for children in 
foster care; 
(7) training for the staff of the State edu-
cational agency, the local educational agencies, the 
State child welfare agency, and the local child wel-
fare agencies, and for children in foster care, such 
children’s families, and others involved with children 
in foster care, about— 
(A) the unique educational needs of chil-
dren in foster care; 
(B) the benefits afforded under this title; 
and 
(C) other issues that further the purposes 
of this title; and 
(8) assisting in funding State-level education 
coordinators in the State child welfare agency and 
local education liaisons within the local child welfare 
agency to be specific points of contact on education 
issues. 
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SEC. 113. RESPONSIBILITIES OF THE SECRETARY. 
(a) REVIEW OF STATE PLANS.— 
(1) IN GENERAL.—The Secretary of Education, 
in collaboration with the Secretary of Health and 
Human Services, shall review the plan submitted or 
resubmitted by a State under section 111(c). If the 
plan meets the requirements of section 111 and is 
reasonably calculated to ensure that all children in 
foster care in the State receive all rights, benefits, 
and protections required by this title, the Secretary 
shall approve the plan. 
(2) DISAPPROVAL.— 
(A) IN GENERAL.—If a plan does not meet 
the requirements described in paragraph (1), 
the Secretary shall disapprove the plan and pro-
vide the State educational agency with specific 
findings as to what needs to be corrected for 
approval. 
(B) REVIEW
PROCESS.—The Secretary 
shall promulgate regulations establishing a sys-
tem by which States whose plans are dis-
approved can appeal such disapproval. 
(b) TECHNICAL ASSISTANCE.—The Secretary shall 
provide— 
(1) training, support, and technical assistance 
to a State educational agency receiving a grant to 
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assist the State educational agency in carrying out 
its responsibilities under this title; and 
(2) training, support, and technical assistance 
to a State that has had the State’s plan described 
in section 111 disapproved. 
(c) SUBMISSION AND DISTRIBUTION.—The Secretary 
shall— 
(1) require applications for grants under this 
subtitle to be submitted to the Secretary not later 
than the expiration of the 60-day period beginning 
on the date that funds are available for purposes of 
making such grants; and 
(2) award such grants not later than the expi-
ration of the 120-day period beginning on such date. 
(d) DETERMINATION BY THE SECRETARY.—The Sec-
retary, based on the information received from the States 
and information gathered by the Secretary under this sub-
title and under section 101(b)(11), shall determine the ex-
tent to which State educational agencies are ensuring that 
each child in foster care has access to a free, appropriate 
public education. 
(e) INFORMATION.— 
(1) COORDINATION; ENFORCEMENT.—The Sec-
retary shall coordinate and enforce the information 
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collection requirements under this subtitle and sec-
tion 101(b)(12). 
(2) DATA COLLECTION AND DISSEMINATION.— 
The Secretary shall— 
(A) directly or through grants, contracts, 
or cooperative agreements, periodically collect 
and disseminate data and information regard-
ing the education of children in foster care; and 
(B) require each State receiving a grant 
under this subtitle to annually provide— 
(i) the information described in sec-
tion 101(b)(12)(A); and 
(ii) such other data and information 
as the Secretary determines to be nec-
essary and relevant to carry out this sub-
title. 
(f) EVALUATION
AND DISSEMINATION.—The Sec-
retary shall conduct evaluation and dissemination activi-
ties regarding programs designed to meet the educational 
needs of elementary and secondary school students who 
are children in foster care. 
(g) REPORT.—Not later than 4 years after the date 
of enactment of this Act, the Secretary shall prepare and 
submit to the Committee on Education and Labor and the 
Committee on Ways and Means of the House of Rep-
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resentatives and the Committee on Health, Education, 
Labor, and Pensions and the Committee on Finance of 
the Senate a report on the status of the education of chil-
dren in foster care, which shall include information on— 
(1) the educational outcomes of children in fos-
ter care; and 
(2) the actions of the Secretary and the effec-
tiveness of the programs supported under this title. 
SEC. 114. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to carry out 
the subtitle, $150,000,000 for each of the fiscal years 
2011 through 2015. 
TITLE II—SOCIAL SECURITY ACT 
AMENDMENTS 
SEC. 201. SOCIAL SECURITY ACT AMENDMENTS. 
(a) EDUCATIONAL STABILITY
FOR FOSTER CARE 
CHILDREN.—Section 475(1)(G) of the Social Security Act 
(42 U.S.C. 675(1)(G)) is amended— 
(1) in clause (ii)— 
(A) by striking ‘‘or’’ at the end of sub-
clause (I) and inserting ‘‘and’’; and 
(B) by striking subclause (II), and insert-
ing the following: 
‘‘(II) assurances that the State agency 
has coordinated with the appropriate local 
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educational agency to ensure that the child 
remains in the school in which the child is 
enrolled at the time of placement includ-
ing, when necessary, the State agency ar-
ranging for, providing, or paying the cost 
of the transportation necessary to enable 
the child to remain in the school;’’; and 
(2) by adding at the end the following: 
‘‘(iii) assurances by the State agency 
and the local educational agencies, if re-
maining in such school is not in the best 
interests of the child, to provide immediate 
and appropriate enrollment in a new 
school, with all of the educational records 
provided to the school; and 
‘‘(iv) assurances by the State agency 
and local child welfare agencies that steps 
have been undertaken to collaborate with 
the State and local educational agencies to 
eliminate barriers to the educational sta-
bility, school enrollment, and educational 
success of the child.’’. 
(b) STATE PLAN REQUIREMENT.—Section 471 of the 
Social Security Act (42 U.S.C. 671(a)) is amended— 
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(1) in paragraph (32), by striking ‘‘and’’ after 
the semicolon; 
(2) in paragraph (33), by striking the period at 
the end and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(34) provides that the State agency and local 
child welfare agencies will collaborate with the State 
and local educational agencies to collect the data 
and other information necessary to monitor imple-
mentation of the requirements of clauses (ii)(II), 
(iii), and (iv) of subparagraph (G) of section 475(1) 
and the provisions of section 101 of the Fostering 
Success in Education Act; and 
‘‘(35) provides that the State agency and local 
child welfare agencies have identified staff within the 
agencies to be the point people with the State and 
local educational agencies related to educational 
issues, including the implementation of the require-
ments of clauses (ii)(II), (iii), and (iv) of subpara-
graph (G) of section 475(1), as well as to coordinate 
with educational agency liaisons and coordinators to 
implement the provisions of section 101 of the Fos-
tering Success in Education Act.’’. 
Æ 
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