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Students placed in out-of-home care often experience educational disruptions that can impact their academic experiences and outcomes. The Every Student Succeeds ActPDF Document (ESSA) requires that Local Education Agencies (LEAs) and Child Welfare Agencies (CWAs) collaborate to implement policies and practices that minimize those disruptions and preserve students’ opportunities for improved well-being and success in school.

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Required Elements Under ESSA for Youth in Care

Child Welfare and School Collaboration

When schools and child welfare agencies collaborate, students living in out-of-home care benefit from the expertise and insights both agencies working toward educational stability and school success.

Requirements Under ESSA

ESSA and state law require at a minimum that schools work collaboratively with the Child Welfare Agency to:

  • Develop clear written procedures for transportation,
  • Consider all factors when conducting a best interest determination, and
  • Request and transfer records immediately if a student is enrolling in a new school.

Best Practice

Full collaboration in practice means:

  • Knowing who the points of contact at each agency are;
  • Keeping the lines of communication open to share information; and
  • Fully engaging in agreed upon processes to make well-informed decisions that support the educational success for students.

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School of Origin

Studies have shown that students living in out-of-home care can lose four to six months of academic progress every time they change schools. Educational stability means a student placed in out-of-home care has the opportunity to continue their education with minimal disruption.

Requirements under ESSA

  • Educational stability relies on the presumption that students should remain in their school of origin.
  • The school of origin is defined as the school where the student was enrolled or most recently enrolled in at the time of placement.
  • A student’s right to continue in their school of origin remains in effect during the entire time they are placed in out-of-home care.
  • These rights apply to all public-school students placed in out-of-home care, including students attending public preschools or public charter schools.
  • Agencies must collaborate to provide transportation so students can remain in their school of origin. Transportation must be provided with minimal disruption to the student’s education. 

Understanding School of Origin and School of Residence

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Best Interest Determination

Under the Every Student Succeeds Act (ESSA), a student should only change schools if remaining in the school of origin is not in the student’s best interest.

Requirements Under ESSA

  • If a change in schools is being considered, the LEA and the CWA must collaborate to conduct a best interest determination.
  • All factors relating to the child’s best interest must be considered and documented, including the appropriateness of the current educational setting and the proximity to the student’s residence.

Best Practice

Federal guidance recommends that LEAs and CWAs work collaboratively to develop a clear policy or protocol on how to make best interest determinations. The policy or protocol should:

  • Include making every effort to gather meaningful input from relevant parties.
  • Establish a well-informed determination process that takes into consideration student-centered factors, including the preferences of the student, the number of previous transitions, proximity of the school to the student’s current residence, specialized services that are available to the student at either school, or any special relationships with staff that the student has formed at their current school.

Cost of transportation should not be considered when determining what is in the student’s best interest.

​Steps to Best Interest Decision-Making

Decisions regarding school selection should be made on a case-by-case basis, giving attention to the circumstances of each student.  LEAs work with local child welfare agencies on how to make best interest determinations. This process should include making every effort to gather meaningful input from relative parties, in addition to required child welfare and school representatives, in deciding what school placement is in the child’s best interest.

The following information will be helpful when determining whether or not it is in the youth’s best interest to remain in their school or origin:

  • Input on the academic social and emotional impact that transferring to a new school may have on the youth.
  • If the youth has special education needs, input on the impact that changing schools may have on the youth’s progress and services. If a school change is indicated, ensure that evaluations and/or services are not interrupted.
  • Input on which programs at the two schools are comparable and appropriate for the youth.
  • Information about the commute to the schools under consideration in terms of the distance, mode of transportation, and travel time. Caseworkers work to develop transportation plans.
  • Information about the immediate and long-term educational plans for the student, and information about the youth’s permanency plan as it relates to school stability.

Documentation

LEAs are required to keep records of best interest decisions.  All reviewed information should be notated and/or included within the record.  Examples include, but are not limited to:

  • Report cards
  • Progress reports
  • Test scores
  • Attendance data
  • Individualized Education Programs or 504 Plans
  • Emails from people who were consulted

Key Considerations when Making a School Selection

Several student-centered factors should be considered; however, a variety of factors should be considered when making a well-informed decision. Specific factors may vary depending on the situation; however, a variety of factors should be considered when making a well-informed decision. See “Best Interest in School of Origin Decisions: A Checklist for Decision Making.” 

Additional factors may include:

  • How many schools has the youth attended over the past few years? How many schools has the youth attended this year? How have the school transfers affected the youth emotionally, educationally, and physically?
  • What school does the youth prefer? Why?
  • Does the youth have anxieties about the upcoming move or changes in his/her life?
  • What school(s) do the youth’s siblings attend?
  • Would the timing of a transfer coincide with a logical juncture, such as after testing, end of semester, or end of the school year?
  • How would changing schools affect the student’s ability to earn full academic credit, participate in sports or other extracurricular activities, proceed to the next grade, or graduate on time?
  • Is the current school in Program Improvement? If so, how are the students who are demographically similar to the student performing academically?

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Guidance

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Foster Care Transportation

Every Student Succeeds Act (ESSA) amended Title I, Part A of the Elementary and Secondary Education Act requires that LEAs receiving Title IA funds collaborate with state or local child welfare agencies on local procedures for transportation for students in foster care. This must be accomplished by ensuring that transportation for children in foster care is provided, arranged, and funded. (ESEA section 1112(c)(5)(B)).

An LEA must ensure that transportation provided for children in foster care is consistent with the 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 already provides transportation for children who are not in foster care.

An LEA must ensure that children in foster care needing transportation to the school of origin promptly receive such transportation in a cost-effective manner. (ESEA section 1112(c)(5)(B)(i)). Therefore, the LEA must provide or arrange for adequate and appropriate transportation to and from the school of origin while any disputes are being resolved. To the extent that a charter school is considered an LEA under a State’s charter school law, it must meet the transportation requirements on the same basis as any other LEA.

U.S. Department of Education

Enrollment & Transfer of Records

The Elementary and Secondary Education Act (ESEA) Section 1111(g)(1)(E), states that the enrollment of a child or youth in foster care must not be denied or delayed because documents normally required for enrollment have not been provided. ESEA also states that the enrolling school must immediately contact a child’s school of origin to obtain the relevant records and documentation (ESEA Section 1111(g)(1)(E)(iii)), and the school of origin should immediately transfer those records.

Requirements Under ESSA

If the outcome of the best interest determination is that the student should attend their resident school, two steps must happen immediately:

  • The new school must enroll the student, even if the student does not possess all the records normally required ​for enrollment.
  • The new school district must request records from the school of origin. 
  • The sending school district or school shall transfer the student's education information and records to the receiving school within two school days after receiving a transfer request.

Additional information on enrolling youth in care is available in the DCFS document Education and Supporting Our Children: A Guide to Education for Children and Youth in DCFS Care in Illinois.

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Youth in Care and Foster Families

School and Foster Care Liaisons

​Forms

Youth in Care and Career Guidance

Trauma

​All children in foster care have been exposed to some form of trauma. The very act of being put in foster care is traumatic for children, because it means the loss of their birth family and often friends, schoolmates, teachers, and everything that is familiar.

Resources for further information on trauma:

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