Goal 2
Youth Have Seamless Transitions Between Schools
Sometimes school moves cannot be avoided or may be in the best interests of the child. These school moves should happen with minimal disruption to the youth’s education. When state or local requirements delay enrollment, critical classroom time is lost. Youth need immediate enrollment in the new school and to have full access to all academic programs and other activities. Important records and information about the student’s prior schooling must follow the youth to the new school, with appropriate credit given for work completed at the school of origin.
Benchmarks
A. Youth have a right to be enrolled immediately in a new school and to begin classes promptly.
E. Youth who arrive in a new school during the school term are allowed to participate in all academic and extracurricular programs even if normal timelines have run or programs are full.
B. Youth can be enrolled in school by any person who has care or control of the child (i.e., caseworker or foster parent).
F. Youth receive credit and partial credit for coursework completed at the prior school.
C. Youth enrollment and delivery of appropriate services are not delayed due to school or record requirements (i.e., immunization records, birth certificates, school uniforms); designated child welfare, education, and court staff facilitate and coordinate transitions and receive training on special procedures.
G. Youth have the ability to receive a high school diploma even when they have attended multiple schools with varying graduation requirements.
D. Youth education records are comprehensive and accurate, and promptly follow youth to any new school or placement; records are kept private and shared only with necessary individuals working with the youth.
H. Eligible youth with disabilities receive the protections outlined in federal and state law, including timelines for evaluations, implementation of an Individualized Education Program (IEP) or an Individualized Family Service Plan (IFSP), and placement in the least restrictive environment, even when they change school districts.
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.)
For more information, see Fast Facts: Foster Care & Education Data at a Glance (2022).
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.
If a student changes schools, immediate enrollment in a new school, even if the child is unable to produce records normally required for enrollment.
The enrolling school must immediately contact the school last attended by the child to obtain relevant academic and other records.
For more information and citations, 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 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 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. A student’s Section 504 plan can include needed aids, services, modifications, and accommodations. For more information, see here and here.
Title II of the Americans with Disabilities Act of 1990 (Title II) also helps 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 the 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.
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.
Notable procedural timelines and substantive protections:
“G-2. How should educational agencies define “immediate” for the purposes of the Title I immediate enrollment requirement? Immediate enrollment means that, if a BID process indicates that it is in a student in foster care’s best interest to change schools, the student is fully enrolled as soon as practicable (e.g., within 3 business days) to avoid educational discontinuity. A student is not fully enrolled if a student is not attending school or fully participating in classes, extracurricular activities, and out-of-school and summer opportunities.” Joint Guidance (p. 26) (emphasis added).
“G-4. How quickly should the school of origin transfer records to a student in foster care’s enrolling school? To minimize educational discontinuity and to ensure that the student can fully participate in coursework and extracurricular activities at their enrolling school, the school of origin is encouraged to provide relevant records to the enrolling school within three business days.” Joint Guidance (p. 26) (emphasis added).
State Law and Policy
Arizona § 8-530.04 (2023): 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.
Washington RCW 28A.225.330: Provides requirements and timelines for immediate enrollment and records transfer. Per (6)(a), a school must allow students in foster care to enroll even if there is “incomplete information . . . during the 10 business days that the department of children, youth, and families has to obtain that information under RCW 74.13.631.” Per (6)(c), once enrolled, “the school district must make reasonable efforts to obtain and assess that child’s educational history in order to meet the child’s unique needs within two business days.” These provisions are applicable after RCW 74.13.550(school of origin policy), RCW 74.13.631 (school of origin and school placement protocol), RCW 74.13.560 (B.I.D. policy); and RCW 28A.225.350 (B.I.D. protocol).
