Foster Care and Every Student Succeeds Act (ESSA)
Under the Every Student Succeeds Act (ESSA), students in foster care have the right to stay in their school of origin when it's in their best interest, with transportation arranged between the district and the child welfare agency. If a school change is necessary, students must be enrolled immediately, even without records or immunizations on hand.
Key ESSA Provisions
- Child welfare and education agencies must jointly establish and follow processes for school of origin protections, transportation, best interest decisions, and dispute resolution
- Designated points of contact at both education and child welfare agencies (state and local) to support ESSA's education stability provisions for students in foster care
- Education and child welfare agencies work together to weigh the factors that determine whether remaining in the school of origin is in a child's best interest
- Education and child welfare agencies jointly develop written local transportation procedures and share any additional costs when remaining in the school of origin is in a child's best interest
- Dispute resolution procedures for transportation cost disagreements between child welfare and education agencies to keep students in their school of origin
- State and local education agencies report disaggregated data on the academic achievement and graduation rates of students in foster care