The Fostering Connections to Success and Increasing Adoptions Act was signed into law on October 7, 2008, as Public Law 110-351. It’s many provisions includes requirements to increase Educational Stability. These requirements add travel to and from school in the foster care maintenance payment definition, adds a case plan requirement to ensure educational stability for children in foster care, and requires that the title IV-E agency ensure that each child receiving a payment under the title IV-E plan is attending school full time or has completed secondary school.
From the US Departments of Education and Health and Human Services:
ED and HHS have frequently collaborated to assist agencies in improving and aligning their policies and programs to better serve students in foster care. In June 2016, following the reauthorization of the ESEA, ED and HHS released joint non-regulatory guidance (2016 guidance) on the implementation of the Title I educational stability provisions. This guidance was developed to guide State educational agencies (SEAs), local educational agencies (LEAs), and child welfare agencies in their collaborative efforts to fully implement the Title I educational stability provisions.
This 2024 Guidance supercedes the 2016 joint guidance.
This document from Virginia Department of Education provides a summary of resources and policy changes following the passage of House Bill 777 into law in 2024, Enrollment of and Provision of Free Public Education for Certain Students; Kinship Care and Foster Care.
The law provides that certain provisions of law relating to continuity of public-school enrollment and attendance, and immediate enrollment for students in foster care, apply to a student who has transitioned out of foster care and whose custody has been transferred to the student’s parent or prior legal guardian, or who has been emancipated.
If a student in a kinship care arrangement moves into a different school division during the school year as a result of safely returning home, being emancipated, or transitioning to a new kinship care arrangement, such student shall be deemed a resident in the previous school division of residence for the remainder of the school year for the purpose of tuition-free enrollment and attendance.
Reports and information from the Legal Center on Foster Children and Education and the Annie E. Casey Foundation: Sustaining Momentum: Sustaining Educational Stability for Young People in Foster Care
From the Legal Center on Foster Children and Education and the Annie E. Casey Foundation: How the IDEA and the Fostering Connections Act can Work Together to Ensure School Stability and Seamless Transitions for Children with Disabilities in the Child Welfare System
From the Legal Center on Foster Children and Education and the Annie E. Casey Foundation: Fostering Success in Education: National Fact Sheet on the Educational Outcomes of Children in Foster Care