Legislative Milestones for the Educational Stability of Foster Care Youth
Together, these legislative milestones provide greater school stability for foster care youth and place youth on a path towards a brighter future.
The Fostering Connections to Success and Increasing Adoptions Act was signed into law on October 7, 2008. Fostering Connections requires child welfare agencies to collaborate with educational agencies to keep children in foster care in the same school when living placements change if remaining in that school is in their best interest. The U.S. Department of Health and Human Services (HHS) issued guidance on the Fostering Connections Act in July 2010.
The Uninterrupted Scholars Act was passed by Congress in January 2013, which amended the Family Educational Rights and Privacy Act (FERPA). The Act permits educational agencies and institutions to disclose education records of students in foster care to child welfare agencies, without parental or eligible student consent. The Pennsylvania Departments of Education and Human Services (formerly Public Welfare) issued a joint statement regarding the Uninterrupted Scholars Act in February 2013.
The Every Student Succeeds Act (ESSA) was signed by President Obama on December 10, 2015. The ESSA reauthorizes the 50-year-old Elementary and Secondary Education Act (ESEA), the nation’s education law and longstanding commitment to equal opportunity for all students. For the first time in federal education law, state and local education agencies are required to provide specific protection for youth in foster care. Read the Elementary and Secondary Education Act, as amended by The Every Student Succeeds Act.
Key Guidance
On June 23, 2016, U.S. Departments of Education and Health and Human Services issued joint non-regulatory guidance to state and local education and child welfare agencies on the new provisions in the Every Student Succeeds Act (ESSA) for supporting children in foster care. Their Non-Regulatory Guidance: Ensuring Educational Stability for Children in Foster Care PDF aims to assist state and local partners in understanding and implementing the new law.
On November 29, 2016, the Pennsylvania Departments of Education and Human Services issued the ESSA Supporting Students in Foster Care joint guidance PDF to further promote awareness among PA’s local education agencies (LEAs) and county children and youth agencies (CCYAs) of key changes and requirements.
On April 29, 2022, the Pennsylvania Department of Human Services – Office of Children, Youth, and Families released a memorandum titled Guidance Regarding Maintaining Confidentiality When Sharing Information with Schools. This memorandum emphasizes the importance of establishing formal mechanisms for sharing sharing between County Children and Youth Agencies (CCYA) and Local Education Agencies (LEA). The memorandum also encourages CCYA staff to notify LEAs of a students placement in foster care using the standardized County Children and Youth Agency Foster Care Placement Notification Form.
On May 19, 2023, the Pennsylvania Department of Education released the PENN*LINK Ensuring Educational Stability for Children and Youth in Foster Care, which reviewed LEA responsibilities and provided guidance on children in foster care placed in residential facilities.
Additional United States Department of Education Guidance
Office of Elementary and Secondary Education Students in Foster Care
Office of Elementary and Secondary Education Students in Foster Care Resources
Charter School Guidance
Collaboration with Charter Schools and Charter Schools
Responsibilities
Charter schools are LEAs under ESSA and must develop and implement transportation procedures in collaboration with the local child welfare agency governing how transportation to maintain children in their school of origin will be provided, arranged, and funded for the duration of the child’s time in foster care.
If a charter school is a student’s school of origin when a change in foster care placement occurs, the charter school and the CCYA are responsible for making a collaborative best interest determination (BID) regarding school placement.
Charter schools and the CCYA should include the school district of foster care residence or placement in any BID regarding school placement.
ESSA provisions for children and youth in foster care placement do not supersede Pennsylvania state law related to the transportation of children enrolled in charter schools.
Transportation for Foster Care Placed Children and Youth Attending Charter Schools
Charter schools are LEAs under ESSA and must ensure the transportation for children and youth in foster care placement is consistent with procedures developed by the LEA in collaboration with the State or local child welfare agency under section 1112(c)(5)(B) of the ESEA. These requirements apply whether or not the LEA provides transportation for children who are not in foster care placement. Charter schools must have a transportation plan governing how transportation to maintain children and youth in foster care placement in their school of origin when in their best interest, will be provided, arranged, and funded for the duration of a child’s time in foster care.
It is important to note that the ESSA provisions for children and youth in foster care placement do not supersede Pennsylvania state law related to transportation of children enrolled in charter schools, as established in Section 1726-A of the Pennsylvania Charter School Law (24 P.S. § 17-1726-A). In certain situations, the Charter School Law requires a school district of residence to provide for transportation of charter school students. Therefore, in situations where the school district of residence provides transportation to the charter school, the charter school should consult with its solicitor and the school district of residence and consider (1) incorporating transportation procedures established by the district of residence in its transportation plan, or (2) include language in its plan with the CCYA that refers to section 24 P.S. § 17-1726-A and any responsibilities of the school of the district of residence under state law.
It is recommended that the CCYA and the charter school communicate with their solicitors to discuss the impact of charter school transportation law on the particular facts of any foster care scenario in which the student’s BID maintains the child in the charter school.
It should be highlighted that the phrase “school district of residence” in charter school law has the same meaning as prior to ESSA. ESSA has not changed or revised this meaning of this phrase in charter school law.
Career and Technical Center (CTC) and Statewide Cyber Charter School Guidance
Colleagues at CTCs and statewide cyber charter schools should participate in educational placement best interest determinations (BIDs) between the LEA and the CCYA given the important role they play in the education of the child.
Therefore, CTCs and statewide cyber charter schools are encouraged to identify a foster care point of contact (POC) so that they can communicate efficiently with CCYAs and LEAs.
However, CTCs, part-day or comprehensive, and statewide cyber charter schools are not required to submit written transportation plans and MOUs governing transportation for children and youth in foster care at this time.
Pennsylvania Department of Education Basic Education Circulars
A Basic Education Circular (BEC) provides the Department of Education’s guidance on the implementation of law, regulation and policy. This collection of BECs has been curated to assist with the education of children and youth with foster care experience.
Surrogate Parents
The purpose of this Basic Educational Circular is to provide guidance regarding the duty of the local educational agency (LEA) to appoint a surrogate parent. A surrogate parent is defined as a person who acts in the place of the parent to make educational decisions on behalf of children who are or may be eligible for special education services under the Individuals with Disabilities Education Act (IDEA) in all matters relating to the identification, evaluation, educational placement, and provision of a free appropriate public education (FAPE).
Read Surrogate Parents Circular
Enrollment of Students
This Basic Education Circular (BEC) provides guidance regarding public school enrollment procedures for resident and non-resident children. It replaces the following BECs: Enrollment of Students, 24 P.S. 13-1301 and Education of Children Residing with an Adult Other than the Natural Parent, 24 P.S. 13-1302 and reflects current requirements of the Pennsylvania Public School Code and 22 Pa. Code, Chapter 11. These public school enrollment procedures, consistent with law, exist to ensure that public schools promptly enroll students who are residents or who are eligible non-residents.
Read Enrollment of Students Circular
Nonresident Students in Institutions
Students who are residing in a “children’s institution” whose parents are not residents of the school district in which the institution is located are identified as “1306” students. These students may be in a variety of residential centers, homes or institutions, such as Drug and Alcohol Treatment Centers, homes for orphans or other “institutions for the care and training for orphans or other children.”
Read Nonresident Students Circular
Educational Programs for Students in Non-educational Programs
The purpose of this Basic Education Circular (BEC) is to:
- Set forth the Pennsylvania Department of Education’s opinion of federal and state law with respect to school districts’ duty to educate students with disabilities who reside in residential facilities within the school districts’ boundaries.
- Describe the joint policy of the Pennsylvania Department of Human Services (DHS) and the Pennsylvania Department of Education (PDE) prohibiting the bundling of education and other services in Non-Educational Placements licensed by DHS.
This BEC does not apply to children who are placed in an educational program directly by their resident school district, charter school, or cyber charter school. The following BECs provide specific guidance on students placed in Non-Educational Placements:
- Private Residential Rehabilitation Institutions (PRRIs) (24 P.S. § 9- 914.1-A).
- Determination of Residence of Children Living in Pennsylvania Institutions (24 P.S. § 13-1308).
- Nonresident Students in Institutions (24 P.S. § 13-1306).
Read Educational Programs for Students in Non-educational Programs Circular
Act 1 of 2022, Assisting Students Experiencing Educational Instability
Act 1 of 2022 (Act 1) promotes timely high school graduation and facilitates equal access to academics and extracurricular activities and the removal of systemic barriers for students who experience education instability as defined by the legislation.
Additionally, Act 1 confers specific duties on all school entities, including school districts, charter schools, regional charter schools, cyber charter schools, intermediate units, and career and technical schools. Act 1 does not in any way alter or undermine the rights of students with disabilities or abridge other state or federal laws that protect eligible students.