Goal 6
Youth Are Involved and Engaged in All Aspects of Their Education and Educational Planning and Are Empowered to Be Advocates for Their Education Needs and Pursuits
Encouraging youth to be engaged in education decision making and planning helps them take an active role in their educational future and gives direction and guidance to the professionals and adults advocating on their behalf. Participation in court proceedings, school meetings, the special education process, and transition planning for postsecondary education or jobs allows youth to become advocates on their own behalf. Appropriately trained professionals should facilitate this participation.
Benchmarks
A. Youth are routinely asked about their educational preferences and needs, including their view on whether to change schools when their living situation changes.
E. Youth are surrounded by school and child welfare professionals with appropriate training and strategies to engage youth in education planning.
B. Youth receive training about their educational rights commensurate to their age and developmental abilities.
F. Youth with disabilities actively participate in the special education process, especially in transition planning for post-school education and employment and are provided with the supports necessary to effectively participate.
C. Youth are given the opportunity to participate in court proceedings, and their engagement is supported with transportation and accommodations to decrease the impact on school attendance and schoolwork; attorneys, guardians ad litem, CASAs, and judges are trained on involving youth in court, and encourage youth participation.
D. Youth participate in school and child welfare meetings and planning about their education and their future.
What the Data Tells Us
Authentic youth engagement enhances experiences and outcomes for students in foster care.
“Research has linked youth engagement to numerous positive outcomes, including academic performance, expectations, and engagement in learning.” (Salazar et al., 2021) (citing Fredricks and Eccles 2006; Powers et al. 2012).
Federal Law and Policy
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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 a best interest determination (B.I.D.) process must be completed for youth entering foster care and when there is a change in placement. Youth involvement and engagement are encouraged for the B.I.D. process.
For more information on ESSA and school stability, see here (p. 6) and here.
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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 the following requirements:
A youth’s case plan must include an education stability plan with assurances, including that each placement takes into account the appropriateness of the current educational setting and the proximity to the school of origin. A child welfare agency caseworker should engage youth and receive their input to determine the appropriateness of their current school.
Beginning at age 14, the case plan must include “a written description of the programs and services which will help [the youth] prepare for the transition from foster care to a successful adulthood.” This includes education-related planning. Additionally, transition planning must occur during the 90-day period before a youth turns 18 (or older if state law allows). Transition plans must be completed by a caseworker with the state child welfare agency in consultation with the youth. Also, youth may identify up to two additional individuals to participate. As appropriate, other representatives must assist and support the youth in developing a transition plan that is personalized and directed by the youth. The transition plan should include specific options on education, housing, health insurance, local opportunities for mentors and continuing support services, and workforce supports and employment services.
For more information on Fostering Connections and school stability, see here (pp. 1-3).
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The Preventing Sex Trafficking and Strengthening Families Act requires agencies to consult with a youth age 14 and older in developing or revising their case plans and to provide a document describing the rights of the youth to education, health, visitation, court participation, and safety.
For more information, see here (p. 4) and here (p. 4).
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Individuals with Disabilities Education Act (IDEA), Part B Transition Planning is required for students, beginning no later than the first Individualized Education Program (IEP) in effect when the youth is 16 and updated annually with “appropriate measurable postsecondary goals based upon age-appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills.”
For more information and citations, see here (pp. 7-8) and here.
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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 and improve academic outcomes, including student engagement during the best interest determination (B.I.D.) process and youth voice through local educational agency (LEA) stakeholder engagement and comprehensive needs assessment activities under the Title I, Part A program. (See Joint Guidance E-5. “A [B.I.D.] process should be student-centered and context-specific.” See also pp. 17-18; 55-56.)
For other federal resources regarding school stability, see here.
State Law and Policy
PA Act 1 of 2022: Requires that students experiencing school instability, including students in foster care, are assigned a point of contact (POC). The POC must: “Develop and execute a graduation plan in collaboration with a student in grades nine through twelve to support the student in graduating. The graduation plan shall be included in the student's education records.” Moreover, a student must be allowed to participate in any school-sponsored or extracurricular activity for which the student meets placement and qualification requirements, and the participation fees must be waived. There are several other benefits and protections for the student in consultation with the POC. To learn more, see here.