ESSA - Children in Foster Care
The Every Student Achieves Act provides all children and youth in foster care with core protections for school stability and school access through a statutory vehicle that is separate from the McKinney-Vento Act, and that outlines clear, distinct and appropriate responsibilities for both the education and child welfare agencies. These amendments will remedy the significant challenges in implementing the McKinney-Vento Act for children and youth in foster care and build on the legislative foundation provided by the Fostering Connections to Success and Increasing Adoptions Act.
Technical Assistance Tools
November 29, 2016
On November 29, 2016, the U.S. Department of Education issued the very important final rules on ESSA. Please click the link above to read more.
This document suggests a sample process to resolve disputes under Title I Part A related to school selection (best interest) or enrollment for a child in foster care. It was developed in consultation with state and local McKinney-Vento experts from around the country. It includes important elements for timely and fair dispute resolution and adheres to the legal requirements of the Every Student Succeeds Act. While state and local education agencies (SEAs and LEAs) are welcome to adopt this process in its totality, many states and LEAs will want to adjust elements of this sample to accommodate their particular conditions. Updated September 2016.
Co-authored with AASA, the School Superintendents Association, this document is intended to help school personnel understand the responsibilities of both child welfare agencies and LEAs for transporting children in foster care. In addition, we provide a series of questions to guide the development of local transportation procedures, including tips to evaluate community needs, available resources, and collaborative opportunities.
U.S. Department of Education/U.S. Department of Health and Human Services Guidance on Foster Care
ED and HHS issued Non-Regulatory Guidance on the educational stability of children in foster care on June 23, 2016. This guidance is non-binding and does not create or impose new legal requirements. Watch a recording of NAEHCY's webinar on the foster care guidance and/or view the powerpoint presentation.