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CB's IM on Foster Care and Education (2023)
The Children’s Bureau (CB), within the U.S. Department of Health and Human Services, released an Information Memorandum (IM) in 2023 regarding interagency collaboration between child welfare and educational agencies to support the academic success of children and youth in foster care, including federal law, state and local POCs, data sharing and reporting, school enrollment and school stability, B.I.D.s, transportation, and social emotional well-being.
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)
Key Federal Laws Supporting Students in Foster Care
A Legal Center for Foster Care and Education brief highlighting key federal laws supporting students in foster care from early childhood to postsecondary, including data systems and information sharing.
Every Student Succeeds Act 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.
PA Foster Care & Education Website
PA school stability website with state and federal laws and guidance, training, resources and tools, and postsecondary education resources.
NC Foster Care Education Program
NC school stability website with LEA, charter schools, Lab, ISD, and virtual POCs’ contact info, POCs’ roles and responsibilities (noting 4 key responsibilities of LEA POCs, including ensuring automatic free school meals), sample forms, law (including Child Nutrition Reauthorization), guidance, resources, and trainings.
IA Foster Care & Education Webpage
The Iowa school stability webpage includes SEA and LEA contact information, CWA POCs map and contact information, law, guidance, and other resources such as special education, supportive school discipline & prevention, and AMP Iowa—a youth-led statewide group.
AZ Foster Care & Education Webpage
AZ Dept. of Education’s school stability webpage with SEA, LEA, CWA, & Tribal POCs’ contact info, law, guidance, documents, resources, and trainings.
Foster Care & Education Points of Contact
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.
WA Dispute Resolution Process
WA provides a protocol for the caregiver or EDM to request a B.I.D. dispute resolution by submitting a letter or email within 15 days of the B.I.D. Level I appeal is to the LEA liaison, level II appeal is to the LEA’s superintendent or designee, and level III appeal is to the state-level Office of Superintendent of Public Instruction (OSPI) with a decision by a committee consisting of the OSPI Foster Care Education Program Supervisor, or designee, and OSPI and CWA staff.
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 MI, 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, notification letter, and dispute form.
DE MOU & Dispute Resolution Process
DE 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
AZ codified the 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, including Foster Care Transportation Arbitration Process Reference Form_12.28.23.pdf.
AZ Dispute Resolution Procedure (2017)
In AZ, a school stability appeal is decided by the Arizona Department of Education (ADE) Foster Care Point of Contact, or a designee, and a panel of at least two other ADE employees within five (5) work days of receiving notice of appeal and related documents.
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.
MA B.I.D. Flowchart & Form
Massachusetts notes timeline for B.I.D. within 5 school days of foster care placement or a change in placement, participants involved (including special education, school adjustment counselor, and, if needed, potential new LEA), SOO transportation plan for short term (1-2 weeks) and long term (i.e., “for duration of foster care OR until all grades in SOO are completed OR until BID will be revisited”), and, if needed, immediate enrollment in new school, student records requested by new LEA on the day of enrollment, and SOO sends within 2-3 days.
OH B.I.D. Flowchart
Ohio 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
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.