Goal 1

Youth are Entitled to Remain in Their Same School If in Their Best Interest

Youth in out-of-home care live, on average, in two to three different places each year. When youth move, they often are forced to change schools. Studies indicate that frequent school changes negatively affect students’ educational growth and graduation rates. Youth in care are entitled to educational stability, and efforts must be made to keep them in their same school whenever possible. School may be the one place the youth has had (and can continue to have) consistency and continuity.

Benchmarks

A. Youth’s foster care placement decisions take school stability into account, and school stability is a priority whenever possible and in the child’s best interests. 

E. Youth have necessary support and information to make school of origin decisions; youth, birth parents, caseworkers, foster parents, courts, attorneys, schools, and educators are trained about legal entitlements and appeal and dispute procedures.

B. Youth have sufficient foster home and permanent living options available in their home communities to reduce the need for school moves.

F. Youth with disabilities continue in an appropriate education setting, regardless of changes in foster care placements, and transportation is provided in accordance with the youth’s Individualized Education Program (IEP).

C. When in their best interests, youth have a legal right to remain in the same school (school of origin) even when they move outside the school district, and schools that retain children are not financially penalized.   

D. Youth are entitled to necessary transportation to their school of origin, with responsibilities clearly designated for transportation costs.  

What the Data Tells Us

    • 95% of youth in foster care experience at least one unplanned school change per year. (Ryan, Hurley & Randall, 2025.)  

    • 31%-75% of youth in foster care change schools when first entering care. (Clemens, Kopfenstein, Tis & LaLonde, 2017; Frerer, Sosenko, Pellegrin, Manchik & Horowitz, 2013.) 

    • 25%-34.2% of 17-18-year-olds experience 5 or more school changes. (Massachusetts Court Improvement Program, 2019; Clemens, LaLonde & Sheesley, 2016; see also Courtney, Terao, Bost, 2004.) 

    • Nearly 50% of youth in foster care are chronically absent. (Ryan, Hurley & Randall, 2025.)  

Federal Law and Policy

  • The Every Student Succeeds Act of 2015 (ESSA), which reauthorized the Elementary and Secondary Education Act of 1965 (ESEA) and amended Title I, Part A, contains provisions specifically for students in foster care to ensure their educational stability and success, including the following requirements:  

    • Youth remain in their school of origin, unless it is not in the child’s best interest, with transportation provided. A best interest determination (B.I.D.) process must be completed for youth entering foster care and when there is a change in placement.

    • Every state educational agency (SEA) must designate a point of contact (POC) to facilitate collaboration with child welfare agencies (CWAs) and local educational agencies (LEAs). 

    • LEAs must designate a POC if the corresponding CWA notifies the LEA in writing that it has designated a CWA POC. 

    • LEAs must collaborate with CWAs to develop and implement written procedures for how transportation to schools of origin will be provided, arranged, and funded to ensure students promptly receive transportation.

    For more information on ESSA and school stability, see here (p. 6) and here.

  • The Fostering Connections to Success and Increasing Adoptions Act of 2008 (Fostering Connections), which amended parts B and E of Title IV of the Social Security Act, contains educational stability and school enrollment provisions for students in foster care, including in the following requirements:  

    • A youth’s case plan must include an education stability plan with assurances that— 

      • each placement takes into account the appropriateness of the current educational setting and the proximity to the school of origin  

      • the child welfare agency (CWA) has coordinated with the appropriate local educational agency (LEA) to ensure school stability  

      • the youth remains in the school of origin unless it is not in the child’s best interest 

      • the youth receives immediate and appropriate enrollment if changing schools, with all educational records of the child given to the school  

    For more information on Fostering Connections and school stability, see here (pp. 1-3), and here. 

  • Additional care and consideration must be taken when making school stability decisions for youth in foster care who are students with disabilities.

    • Individuals with Disabilities Education Act (IDEA) requires schools to provide all children and youth with disabilities (ages 3-21) a free appropriate public education (FAPE) in the least-restrictive environment (LRE). Special instruction, supports, and other related services, such as transportation, may be required to help ensure a student’s access to school and included in their Individualized Education Program (IEP) or Individualized Family Service Plan (IFSP). For more information, see here (pp. 7-8) and here.

    • Section 504 of the Rehabilitation Act of 1973 (Section 504), a civil rights law, helps children and youth with disabilities access FAPE by prohibiting discrimination on the basis of disability in programs or activities that receive federal financial assistance, including public schools. Needed aids, services, modifications, and accommodations can be included in a student’s Section 504 plan. For more information, see here and here.

    • Title II of the Americans with Disabilities Act of 1990 (Title II) also helps children and youth with disabilities access FAPE by prohibiting discrimination on the basis of disability in state and local government services, programs and activities regardless of whether they receive any federal financial assistance, including public schools. For more information, see Joint Guidance (p. 42, n. 37-38).

  • The U.S. Departments of Education and Health and Human Services released Non-Regulatory Joint Guidance: Ensuring Educational Stability and Success for Students in Foster Care (Joint Guidance) in November 2024. This updated Joint Guidance provides critical new information about how federal laws support students in foster care, including ESSA, Fostering Connections, and disability rights law. The guidance covers a range of topics, including school stability (A-H), academic success (I-K), special populations (L-Q), funding (R-V) and data collection (W-Z).  

    • For a summary of the Joint Guidance, see here.

    • For key highlights of the Joint Guidance, see here.

    • For other federal resources regarding school stability, see here.

State Law and Policy

Strategy: Codify Best Interest Determination (B.I.D.) Best Practices 

  • Arizona SB 1205 (2023): It provides requirements and timelines regarding education stability provisions, including: individuals to consult and factors to consider when making a best interest determination (B.I.D.) within five days of the child entering foster care or changing placements; the child welfare agency ensures transportation for the student during the B.I.D. process; if it is determined that the school of origin is not in the best of the child, the new school must be included in the determination process; immediate enrollment and records transfer within two days; the child welfare and local education agencies jointly share transportation responsibilities after the B.I.D.; arbitration process to resolve any disputes within 10 business days; and the child welfare agency collects and reports data related to the B.I.D. process.  

Strategy: Ensure Child Welfare and Education Local Points of Contact  

  • Washington SB 5184 (2021): In addition to state and local education agency points of contact for students in foster care, this law requires each K-12 public school to have a building-level point of contact. (Moreover, in Washington, there are also state, regional, and county-based child welfare agency education points of contact. See Foster Care Liaisons/DCYF Contacts.)  

Strategy: Ensure Transportation is Arranged, Provided, and Funded

  • New York §3244(4) (2018): Requires the designated school district of attendance to provide transportation to and from the child's foster care placement location and the school of origin. State aid is available for transportation costs up to 50 miles. Excess allowable transportation costs resulting from the attendance of a child or youth in foster care shall be shared equally between the Local Department of Social Services and the designated school district of attendance, unless they have written agreements relating to how excess transportation costs should be funded. Excess transportation costs are defined as the difference between what a district would spend to transport a student to their assigned school and their school of origin.  

Strategy: Collaboration and Capacity Building 

  • New Mexico HM 75 (2019): Convenes a task force to study the educational stability of students in foster care and to review and make recommendations to the state child welfare agency, state education agency, schools, and legislature regarding the creation of statutes, policies and procedures to create standardization and consistency for educational stability for students in foster care.  

Strategy: Develop Clear Dispute Resolution Procedures  

  • Nevada NRS 388E.125 (2017): If there is a dispute between the child welfare and local education agency related to transportation that is not resolved within 5 business days, the juvenile or family court with jurisdiction over the child must resolve the dispute by court order within 5 business days. The child welfare and local education agencies must provide the child with transportation to the school of origin until the dispute is resolved.  

Strategy: Ensure Child Welfare and Education Local Points of Contact  

  • Nevada NRS 388E.135 (2017): In addition to requiring foster care points of contact at the state and local education agencies, this law requires each child welfare agency to designate a point of contact responsible for ESSA implementation. Thus, in Nevada, there are state and county-based child welfare agency education points of contact. See, e.g., NV Foster Care POCs (2022). 

Strategy: Secure Additional State Funding 

  • Colorado HB 1306 (2018): Established the Educational Stability Grant Program through which education providers apply for grants from the State Board of Education to provide educational services, including “innovative practices to address barriers for students in out-of-home placement.” As part of the program’s implementation, this bill requires the State Board of Education to create rules that, among other things, establish a standard B.I.D. process and require local child welfare and education agencies to establish system-level plans for how transportation to a student’s school of origin will be provided, arranged, and funded. This law also requires the State Board of Education to track the success of the grants by measuring improvement in attendance, behavioral/discipline incidents, grade-level promotion, dropout rate, and graduation rates.   

For more information on state legislation to support students in foster care, see our School Stability Brief.

Resources

Featured
AZ Dept. of Child Safety Education Services for Children in Out-of-Home Care

The AZ Dept. of Child Safety created a written policy regarding identifying and assigning a surrogate parent, B.I.D., school of origin, transportation, and immediate enrollment (i.e., “the child shall be immediately (within two days) enrolled in a new school, even if the records normally required for enrollment cannot be provided. The enrolling school shall be responsible for immediately contacting the school last attended by the child to obtain relevant academic and other records.”)

Non-Regulatory Joint Guidance: Ensuring Educational Stability and Success for Students in Foster Care (Nov. 2024)

U.S. Departments of Education and Health and Human Services released updated Joint Guidance in November 2024 with critical new information about how federal laws support students in foster care, including ESSA, Fostering Connections, and disability rights law. The guidance covers a range of topics, including school stability (A-H), academic success (I-K), special populations (L-Q), funding (R-V) and data collection (W-Z).

ESSA Implementation Toolkit: Improving Education Outcomes for Children and Youth in Foster Care

A Legal Center for Foster Care and Education toolkit for ESSA implementation, including Q&As, federal law and guidance, checklists, tools, templates, and resources.

WA Foster Care & Education Webpage

WA school stability website with foster care office hours, regional meetings, liaisons, POCs, state and federal laws and guidance, resources and training, and postsecondary education resources.

Foster Care & Education Points of Contact (POCs)

A Legal Center for Foster Care and Education brief explaining the importance of foster care and education agency points of contact (POCs)-- a requirement for state and local child welfare agencies to designate an education POC would promote collaboration with education agency foster care POCs and enhance educational stability and success for students in foster care. The brief also highlights how Iowa, Texas, Pennsylvania, and Wisconsin structure their child welfare agency education POCs.

MO Dispute Resolution Procedures

MO provides a protocol for the EDM or parent to request a B.I.D. dispute resolution in writing by submitting a dated appeal regarding school enrollment preference and basis. Level I appeal is to the LEA’s superintendent or designee and level II appeal is to the state-level Department of Elementary and Secondary Education with a decision by a three-person panel consisting of SEA POC, another SEA staff members, and a representative of the state CWA.

MI Transportation Dispute Resolution Process

In Michigan, the MI Transportation Dispute Resolution Process involves a panel of at least 3-MDE staffers, including the SEA POC, convene within 15 work days of receiving transportation dispute request to resolve dispute brought by either the LEA or CWA. See the policy, memorandum, notification letter, and dispute form.

DE MOU & Dispute Resolution Process

The DE MOU & Dispute Resolution Process addresses B.I.D. dispute resolution process on pp. 9-10 (request must be submitted by LEA, CW, parent or guardian, student via an attorney, or EDM, within 5 days of B.I.D. and decision issues by the Secretary of Education or designee within 10 business days); transportation dispute resolution process on p. 13 (request must be submitted to DDOE Pupil Transportation for a decision, appeals hearing can be requested to Secretary of Education within 30 days; the Secretary or designee’s decision is final. The LEA for the SOO must provide transportation during the pendency of any dispute.)

AZ Transportation Arbitration Process

Arizona codified the AZ Transportation Arbitration Process for LEA and CWA to dispute the transportation plan to the school of origin for students in foster care once all available troubleshooting options have been exhausted. See the webpage for the legal requirements, process, and forms.

PA B.I.D. Participants Infographic

In the PA B.I.D. Participants Infographic, Pennsylvania notes the B.I.D. participants, various B.I.D. formats, including in-person, phone, email, or a combination, and a key for acronyms.

OH B.I.D. Flowchart

The OH B.I.D. Flowchart notes timelines, including notify school within 1 school day of foster care placement, B.I.D. within 5 school days, SOO transportation plan within 5 days of B.I.D., and, if needed, immediate enrollment with records request same day and SOO sends records within 1 school day. Provides color- coded roles and tasks.

AR B.I.D. Flowchart

In the AR B.I.D. Flowchart, Arkansas notes actions and timelines for when a student is placed into foster care or changes placement, including: CW notifies LEA foster care liaison (FCL) by the next business day; FCL immediately notifies counselors/secretary; school secretary immediately updates student’s foster care status; B.I.D. within 5 school days; SOO transportation plan within 5 school days of B.I.D.; immediate enrollment in new school, if needed, student records requested by new LEA FCL within 3 business days and SOO FCL sends within 10 business days. Provides an acronym key for terminology; a color-coded key regarding roles as child welfare, education, or joint; and action steps when a student in foster care experiences a traumatic event.

MO B.I.D. Flowchart & Checklist

In the MO B.I.D. Flowchart & Checklist, Missouri notes tasks and timelines such as CW notifying LEA/SOO by email within 1 school day upon a child’s placement in foster care or move; SOO immediately updates child’s foster care status; B.I.D. within 3-10 school days; SOO transportation plan within 5 school days of B.I.D.; immediate enrollment in new school, if needed, student records requested by new school within 2 school days and SOO sends within 3 school days.

WI B.I.D. Form & Transportation Plan

The WI Dept. of Children & Families and WI Dept. of Public Instruction’s jointly issued WI B.I.D. Form & Transportation Plan notes these top factors to consider: “preferences of the student, the parent, and any educational decision-maker; safety of the students, availability and quality of the services in the school to meet the student’s educational needs; and educational needs and strengths (specialized language services, individual education plan [sic] (IEP), advanced placement (AP) courses).” It is comprehensive with both education and child welfare factors.  

AZ Dept. of Child Safety B.I.D. Form & Transportation Plan

In addition to NC’s highlights, the AZ Dept. of Child Safety B.I.D. Form & Transportation Plan provides more guidance regarding options for the student’s transportation plan. 

NC Dept. of Social Services B.I.D. Form

In addition to OH’s B.I.D. Form’s highlights, the NC Dept. of Social Services B.I.D. Form incorporates youth and parent perspectives, including school preference and desires, as well as the youth’s feelings. The youth’s participation is identified as essential as well as “other significant person(s) the student wishes to attend.” Also, this form contains a "next steps/educational services needed" section, which asks what, who is responsible, and by when.

OH Dept. of Ed B.I.D. Form

In addition to DE’s highlights, the OH Model B.I.D. Form (2024) also incorporates next steps into the process such as identifying how transportation to the school or origin will be provided and who is responsible for the costs. Moreover, if a school change is needed, the specific school, date of enrollment, and who is responsible for enrolling the student in the new school are noted.

DE Dept. of Ed B.I.D. Forms

The DE Dept. of Ed B.I.D. Form emphasizes the presumption for students to remain in their school of origin; allows for participants to elaborate on the various factors and considerations including special education; also notes immediate enrollment if school change is needed based on B.I.D. There is also a DE End of Year B.I.D. Form.

For more resources related to school stability, see:

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