School of Origin

Foster Care and Education State Legislation Chart: Providing School Stability Outside of the McKinney Vento Act

The federal McKinney-Vento Act, 42 U.S.C. § 11431 et seq., is an important vehicle that provides education stability to many children in out-of-home care. The act helps to reduce the barriers that eligible children and youth face in enrolling, attending, and succeeding in school.

The Act provides educational stability, continuity, and a unique system of support to help children in transition navigate the education system with ease and helps to enhance their academic and social growth. Children “awaiting foster care placement” are eligible for

McKinney rights and protections, although no federal definition of “awaiting foster care placement” exists. Some states and jurisdictions have chosen to define the term in statutes, regulations, or policies. For example, Delaware has mandated by state statute that “awaiting foster care placement” includes all children in out-of-home care. Therefore, in Delaware, all children in foster care are entitled to the rights and benefits of the McKinney-Vento Act.

However, in most other states and jurisdictions only some of the children in foster care meet the definition of “awaiting foster care placement,” leaving many children in foster care without these critical protections to ensure school stability and continuity. To address this current inability of the McKinney-Vento Act to serve all children in foster care, many states have created separate laws or policies to provide education stability for youth in out-of-home care.

These laws are not part of the McKinney-Vento Act or the state or local interpretation of

“awaiting foster care placement,” but instead provide for separate, but often similar, protections.

For example, California’s Assembly Bill 490 (A.B. 490) provides many of the identical rights and protections as the McKinney-Vento Act, but is a separate piece of foster care and education legislation. Other states have provided protections that look different from the McKinney-Vento

Act model, some of which were created prior to the creation of these protections within the

McKinney-Vento Act.

Below is a chart of existing laws and policies that provide rights and protections to children in foster care to assist with school stability and continuity. Each state law and policy is broken down to highlight specific elements: the right to remain in the original school (school of origin); the right to transportation and the responsibility to provide it; the right to immediate enrollment in the new school when staying in the school of origin is not feasible or in the child’s

© 2007 Legal Center for Foster Care and Education WHO COVERED? RIGHT TO REMAIN IN TRANSPORTATION IMMEDIATE EXPEDITED RECORD DESIGNATED OTHER SCHOOL OF ORIGIN ENROLLMENT TRANSFERS STAFF RESOURCE ARKANSAS: Children in foster Yes, school shall, To extent In a timely manner, when Foster care liaisons shall Every school -No lowering of grades for A.C.A. §9-27- care. UNLESS court finds reasonable and determined necessary, expedite. FCL in new district will have time out of school resulting 103 not in child’s best practical, school is appropriate, and in their school must request records a liaison. from a change in ACT 1255 interest AND encouraged to work best interest. within 3 days of move; FCL enrollment, time in court, conflicts with other out plan. Caseworker must contact from old school must or time at court-ordered Approved law excluding new school within 2 days provide records to new counseling or treatment. 3/29/05 residency requirement of needing to reenroll school within 10 days of -Requires school to accept [No mention of school must immediately receiving request. credit coursework when the Effective duration of school of enroll child demonstrates 8/12/05 origin] (d)(1) even if the foster satisfactory completion of child is unable to produce the appropriate education any required clothing or placement assessment. required records.

CALIFORNIA: Supervised by either If the child’s [no mention of who When a foster child County placing agency shall Requires each -No lowering of grades for CA EDUC the county probation placement changes, pays for changes schools, the new notify school immediately local educational time out of school resulting §49069.5 or child welfare the child has the right transportation] school must provide for with date student leaving agency to from a new placement or AB 490 agency, and to remain in his or her immediate enrollment and request for transfer; designate a staff time in court. In, or have been in, school of origin for and attendance even if local school shall then person as the -Requires school to accept Approved: relative, kin, foster the duration of the the child is missing: within 2 days transfer pupil educational full or partial credit for 10/12/03 family or group home school year, provided Academic and medical and deliver liaison for foster coursework completed, placements. it is in the child’s best records, records(including children. including in a non-public Effective: interest to do so. Immunization records, determination of seat time, institution. 1/1/04 Proof of residency, or full or partial credits earned, -Decision regarding School uniform classes, grades, placement should take into Or fees or materials are immunizations, and IEP); account proximity to owed to the prior school new school shall contact last child’s school attendance school attended to obtain area in order to promote. records within 2 days of educational stability. request for enrollment -Case workers and probation officers can access a foster child’s school records without

© 2007 Legal Center for Foster Care and Education parental consent or a court order. FLORIDA: Children found to be Goal that child Include requirement No provision. No provision. None. -Agreement between HB 723 dependent or in welfare and education that district school agencies should also shelter care. agencies shall enter board shall provide for information Approved: into agreements that determine whether sharing about children to 6/23/04 will provide for transportation is assist in obtaining continuing the available when it is education and related Effective: enrollment of a child needed to avoid a services for the benefit of 7/1/04 known to the school change; the child. department at the Recognizing that - Requires training same school, if school of origin is coordinated with local possible. preferable unless school districts for continuing would caseworkers and foster be unsafe or parents including impractical, information on the right of agencies and school the child to an education, board shall assess the role of an education in availability of the development and federal, charitable, adjustment, proper ways to or grant funding for access education and such transportation. related services, and the importance and strategies for parental involvement. ILLINOIS: All students. If it is in the child’s No provision.. No provision. No provision. None. 105 ILCS best interests, no 5/10- need to pay tuition to 20.12B return to former Effective: school district. 1/1/97 IOWA: Child requesting Parent or guardian of Parent or guardian No interruption in the No provision. None. No fees paid to the former §282.18 a transfer as a the child may have the is responsible for child’s education. school until the start of the Approved: result of a foster child remain in the transportation to first full year of enrollment. 4/18/90 care placement, original school under and from a regular Effective: adoption, or open enrollment. school bus route of 6/5/89 other factors the receiving

© 2007 Legal Center for Foster Care and Education (retroactive who is not district; if the pupil ) currently using meets the economic open enrollment. requirements, the sending district is responsible. MAINE: Any child No provision. No provision. No provision. Sending school shall send None. LR 2586 experiencing pertinent records, including “education academic and health APPROVED : disruption” for 10 or information, to the receiving 6/27/07 more consecutive school no later than 5 school school days, days after student enrolls. including those experiencing homelessness or foster care placement. MAINE: Any child coming Agency will make School district staff Caseworker must notify Caseworker will contact Caseworker will Caseworker will assure CHILD AND into custody of child every effort to find a and/or the child’s school 24 hours prior to prior school to request locate the child can say goodbye and FAMILY welfare agency. placement within surrogate (if in enrollment. records be immediately sent Keeping Maine’s gather contact information SERVICES school of origin; if special education) to new school; if in special Children from friends and teachers MANUAL - §V, impossible, efforts will work together education, the caseworker Connected district at old school. SUB§K-3 will be made to place to arrange for will contact the surrogate liaison to child near the school, transportation for parent to request a new facilitate EFFECTIVE: so that an agreement the child to attend Pupil Evaluation Team transition to new 11/8/05 can be made to for the remainder of meeting. school; continue for the the school year. Caseworker will remainder of the assure child has a school year. contact person at the new school . MARYLAND: Any child in child No provision. No provision. Placing agency shall (or -Requires new school to None. SB 426 welfare agency care. others may) notify new notify old school of transfer MD EDUC school of enrollment. w/in 2 days and make §2-206 and written request for records. §8-501 -Requires old school to through §8- immediately inform the 506 receiving school orally of

© 2007 Legal Center for Foster Care and Education the child’s last enrolled Approved: grade level and status under 5/10/05 the Rehabilitation Act or IDEA -Requires old school Effective: to transfer education and 7/1/2005 medical records to new school within 3 days of receipt of written notice.

MISSOURI: Any child placed by Upon request of the No provision. No provision. The records from such None. Dominic the children’s foster family, the school shall automatically James division where the guardian ad litem, or be forwarded to the school Memorial placement results in the volunteer advocate that the child is transferring Foster Care the child attending a and whenever to upon notification within Reform Act new school. possible, the child is two business days by the of 2004 permitted to remain. [children’s] division. Approved: 6/29/04

Effective: 7/1/04 NEVADA: Any child placed in a Upon submission of No school district is No provision. No provision. None. SB 400 foster home is an application by legal required to provide eligible to apply to guardian or custodian transportation to a Enacted: the Program of of a child to the school out of the 5/31/07 School Choice for Program of School zone. Children in Foster Choice for Children in Effective: Care. Once in the Foster Care, the 7/1/08 Program, if in good Department of standing at the Education will accept school, youth remain or deny the eligible to remain application based on until age 21 or the best interests of graduation from high the child and “every school, whichever effort” must be made

© 2007 Legal Center for Foster Care and Education comes first. to enroll the child in the school requested by the legal custodian or guardian. If more spaces in schools are requested than available, the Department of Education will use a lottery system.

NEW Any school-aged If in the best interests Excessive cost No provision No provision None HAMPSHIRE: child placed in any of the child as eliminates right to N.H. Rev. home for children, or determined by the remain Stat. placed by HHS in the court AND if the §193:27 - home of a relative or placement home is §193:30 friend of the child, reasonably close to including foster the school of origin, children. AND if transportation can be arranged without excessive cost to the school system or HHS. OHIO: Child under 22 May attend for the Child is entitled to Child is not entitled to R.C. § entitled to attend a balance of the school transportation attend the following school 3313.64 school at the end of year IF the Board of services pursuant to year. the first full week of Ed in that school an agreement October who has district has adopted between the relocated outside of this policy AND the districts; if there is the school district but child’s parent no agreement, child in the same county. provides written gets transportation notification to both services based on school interdistrict open

OREGON: Child placed by Yes, if determined by Child welfare No provision. For student in substitute care None. HB3075 public or private juvenile court to be agency (when funds programs, new school shall OR LEGIS agency in substitute in the child’s best have been request records from old 521 (2005) care program. interest to do so. designated for this school within 5 days of O.R.S. May continue in that purpose1) student seeking initial §339.133 school through the responsible for enrollment; old school shall O.R.S. highest grade level in providing the child transfer records no later than §326.575 that school. with transportation 5 days after receipt of the Approved: to and from school request (for other students 7/15/05 when the need for the requirement is 10 and Effective: transportation is 10). 7/1/2005 due to the placement by the public agency. PENNSYLVANIA: All children that No provision. No special School shall normally New school must request None. REGULATIONS move schools (not provision. enroll child the next education records from old 22 PA CODE just children in foster business day, but no later school. Old school shall CH. 11.11 care). than 5 business days of forward records within 10 application. No business days of receiving Approved: obligation to enroll request. 10/22/04 without proof of the child's age, residence, Effective: and immunizations. 10/23/04 TEXAS: Student enrolled Entitled to complete No provision. No provision. No provision. None. §25.001 in high school in high school at the Approved: grade 9, 10, 11, school in which the 5/30/95 or 12 who is student was enrolled Effective: placed in at the time of 5/30/95 temporary foster placement without care in a new payment of tuition. school district or attendance area. 1 DHS has earmarked $350,000 in SOC flex funds for each school year during the 2005-07 biennium for this purpose.

© 2007 Legal Center for Foster Care and Education VIRGINIA: Children placed in Yes, if agreed to by [silent on Yes2, even if child Sending and receiving None. Receiving school division SB 1006 foster care. both sending and transportation] welfare agency enrolling school districts required to shall be accorded foster §63.2-900(D) receiving school and The sending and child cannot produce expedite transfer of children education §§22.1-3.4 child welfare agency receiving school required documents. education records when payments. §§ 22.1-289 agrees that in child’s divisions shall Person enrolling must receive notice that a child in best interest. cooperate in provide written foster care has moved. A Approved: facilitating the statement, to best of school system memorandum 3/21/05 enrollment of any knowledge, of child’s on implementation of this child placed in age, good school law construes this to mean foster care across standing, good health immediate. jurisdictional lines . status and free from contagious or communicable diseases. Within 72 hours of placement, child welfare agency is required to notify principal of new school and the superintendent (or designee) of the relevant school division, and to inform the principal of the status of the parental rights. WASHINGTON: Children placed in Whenever practical No provision. No provision. No provision. None. - Requires the department SB6709 foster care. and in the best (of social and health WA ST interest of the child, services) to establish a 28A.300.80 child shall remain work group to prepare a 0 enrolled in the schools plan for the legislature by WA ST they were attending at November 2002 addressing 28A.630.00 the time they entered educational stability for 5 foster care. children in foster care. Administrative -Requires the department Effective: regions of the child (of social and health

2 Will only apply to children who are subjects of foster care placements through entrustments or commitments to the local social services board or licensed child-placing agency and will not apply to children whose parents have an agreement with the local board or public agency through the community policy and management team where legal custody remains with the parents.

© 2007 Legal Center for Foster Care and Education 4/2/2002 welfare agency shall services) to establish an AND develop protocols oversight committee with respective school composed of staff from the HB 1058 districts specifying children's administration of WA ST strategies for the department, the office 74.13 communication, of the superintendent of coordination and public instruction, and Effective: collaboration advocacy agencies to 7/27/03 regarding status and develop strategies and progress of foster identify best practices. children, in order to -Establishes a pilot maximize educational program in 2 school continuity and districts concluding in June achievement. 2003 to provide information to the work group: child shall stay unless not in the child’s best interests; school systems must negotiate transportation and child welfare agency will not pay..