Foster Care Liaison
The foster care provisions of Title I, Part A (Title I) of the ESEA emphasize the importance of collaboration and joint decision-making between child welfare agencies and educational agencies. While these provisions do not create new requirements for child welfare agencies, they mirror and enhance similar provisions in the Fostering Connections Act. Considered together, these laws make clear that the educational stability of children in foster care is a joint responsibility of educational and child welfare agencies, and to successfully implement these provisions, these entities will need to collaborate continuously.
The State Educational Agency (SEA), in collaboration with the State or Child welfare agency, must ensure that in determining whether it is in a child’s best interest to remain in his or her school of origin, a Local Education Agency (LEA) takes into consideration all factors relating to a child’s best interest. These factors include the appropriateness of the current educational setting and proximity of placement. (ESEA section 1111(g)(1)(E)(i)).
SEAs, LEAs, and child welfare agencies have flexibility in determining which factors should be considered as part of evaluating the appropriateness of the current educational setting, as well as any additional factors that pertain to a child’s best interest. Though the specific factors may vary depending on context, in order to make a holistic and well-informed determination, a variety of student-centered factors should be considered. These factors may include:
- Preferences of the child;
- Preferences of the child’s parent(s) or education decision maker(s)29;
- The child’s attachment to the school, including meaningful relationships with staff and peers;
- Placement of the child’s sibling(s);
- Influence of the school climate on the child, including safety;
- The availability and quality of the services in the school to meet the child’s educational and socioemotional needs;
- History of school transfers and how they have impacted the child;
- How the length of the commute would impact the child, based on the child’s developmental stage;
- Whether the child is a student with a disability under the IDEA who is receiving special education and related services or a student with a disability under Section 504 who is receiving special education or related aids and services and, if so, the availability of those required services in a school other than the school of origin;
- Whether the child is an EL and is receiving language services, and, if so, the availability of those required services in a school other than the school of origin, consistent with Title VI and the EEOA.
- Transportation costs should not be considered when determining a child’s best interest, which is consistent with the program instruction released by HHS subsequent to the passage of the Fostering Connections Act.