The Every Student Succeeds Act (ESSA) requires school districts and child welfare agencies to collaborate for the benefit of children placed in foster care. The requirements of the ESSA, which are directed toward school districts, are substantially similar to the obligations of child welfare agencies under the Fostering Connections Act. Children in care are no longer automatically considered “homeless.” However, the ESSA provisions provide protections similar to those set forth in the McKinney-Vento Act.
Key provisions of the ESSA, which are designed to ensure school stability for children in care, go into effect on December 10. By this date, school districts must designate a Foster Care Point of Contact. The Point of Contact will work directly with child welfare agencies to facilitate prompt enrollment, transfer of records, and implementation of the school stability provisions of the law.
ESSA requires that children remain in their school of origin unless it is determined that this is not in the child’s best interest.
By December 10, schools must have a process in place to collaborate with child welfare agencies in making placement decisions. Schools and agencies must also have a plan to provide and fund transportation while a child is placed in foster care. These costs can be shared as the district and agency agree. Social Security funds as well as Title I funds may be available for this purpose. Transportation plans must be filed with PDE by January 31, 2017.
School stability must be provided on a case by case basis until formal transportation arrangements are made. Schools must provide transportation to children in care to facilitate school stability, even if the district does not provide transportation to children who are not in foster care.
State guidance and other resources are available at http://www.pafostercare.org/
Bottom Line for Schools
Schools must dedicate staff resources to ensure compliance with these requirements. School stability is an important factor in increasing school success for children. School entities should seek counsel if they experience difficulty in reaching agreement with local child welfare agencies, or have questions about specific situations.
School Law Bullets are a publication of KingSpry’s Education Law Practice Group. They are meant to be informational and do not constitute legal advice. John E. Freund, III, is our editor.
