Every Student Succeeds Act: Foster Care Provisions

A major component of ESSA is the law’s emphasis on interagency collaboration between Local Education Agencies (LEAs) and County Children and Youth Agencies (CCYAs). LEAs and CCYAs must make joint educational decisions in the best interest of foster care students. Routine collaboration, timely communication, and shared responsibilities between the two agencies are integral to ensuring stability and achievement in school.

Foster Care Requirements in PA: MOUs

1. LEAs must develop a memorandum of understanding (MOU) that outlines joint procedures for foster care students (including the best interest determination timeline/process and transportation plan) with their local CCYA. It is a best practice to also establish MOUs with CCYAs in neighboring counties. 

Foster care placements may not always be within the bounds of the student’s school of origin (SOO), sometimes crossing school district and/or county lines. Other CCYAs across the Commonwealth may function differently than an LEA’s local CCYA, highlighting the need for MOUs with other counties.

2. LEAs must ensure that all MOUs outline specific procedures to follow if disputes over school placement or transportation arise between LEAs and CCYAs.

Collaboration Resources:

• Sample MOU, PDE, (PDF)

• Education of Students Served by Pennsylvania County Children and Youth Agencies, DHS, (webpage)

• Transportation Plan Guide, PDE

Local Education Agencies (LEAs) and County Children and Youth Agencies (CCYAs) must collaborate to create a formal, written school placement best interest determination (BID) process. This process determines whether a foster care student will remain in their school of origin (SOO) or transfer to their new school of foster residence. The formal BID process must ensure that the LEA and CCYA can gather all relevant information from any involved party when making school placement decisions for foster care students.

 Initiated by the CCYA, a collaborative BID meeting must occur every time a student enters a foster care placement or experiences a change in placement. BID meetings can occur in person, as well as through phone calls and/or Zoom meetings. BID meetings must involve the LEA Foster Care Point of Contact (POC) from the student’s SOO and the local CCYA Education Liaison. A best practice is to invite any party with information on the student’s education. Other parties who may attend the BID meeting can include:

• The student (if applicable)

• The school of foster residence

• The educational decision-maker (EDM) 

• Other relevant LEA or CCYA staff

• The Region 2 Office

Under the Every Student Succeeds Act (ESSA), it is assumed that it is in the student’s best interest to remain in their SOO, unless an alternative decision is jointly made through the BID process. BIDs are student-centered and only factors relevant to the student can be considered when making school placement decisions. Extraneous factors such as transportation costs should not be taken into account. Some examples of student-centered factors include: 

• The preference of the student/guardian

• The safety of the student

• The student's attachment to school (meaningful relationships with staff and peers)

• The effect of the school’s climate on the student

• Availability of services

• The impact of the commute on the student

• Special education concerns

BID Resources

• Sample School Placement Best Interest Determination Process Infographic, PDE, (PDF)

• School Placement Best Interest Determination (BID) Participants Infographic, PDE, (PDF)

• School Placement BID Form, PDE, (PDF)

If a joint decision has been made that continuing in the school of origin (SOO) would not be in the student’s best interest, the County Children and Youth Agency (CCYA), SOO, and the enrolling school must collaborate to ensure immediate enrollment and a swift transfer of school records. The enrollment of foster care students cannot be denied or delayed when documents commonly required for enrollment are unavailable. Some examples of these documents include:

• Birth certificates

• Individualized Education Plans (IEPs) (wepage)

• Immunization records

•  The Pennsylvania Department of Health’s school immunization requirements do not apply if the student has not been immunized or cannot provide immunization records due to being in foster care. Once enrolled, foster care students have 30 days to provide immunization records or complete an exemption. This process is generally facilitated by the CCYA. 

Local Education Agencies (LEAs) and County Children and Youth Agencies (CCYAs) share the responsibility of transportation and are required to develop and implement a written transportation plan. The plan must outline how transportation will be provided, arranged, and funded for foster care students. Under the Every Student Succeeds Act (ESSA), students entering foster care or changing placements must receive transportation to and from their school of origin (SOO) for their entire time in foster care. If it is decided through the best interest determination (BID) process that a student will remain in their SOO, the SOO and the CCYA follow their designated transportation plan. Likewise, if the student transfers to their school of foster residence, that school and the placing CCYA will follow their transportation plan. For more information on how transportation plan requirements differ for statewide cyber charter schools in Pennsylvania, refer to the section on Charter Schools (webpage).

Foster Care Requirements in PA: Transportation Plans

1. Update transportation plans every three years.

2. Develop a procedure outlining how transportation will be provided if the two agencies cannot agree, including which agency will provide and fund transportation during ongoing disputes. LEA Foster Care POCs are advised to contact the Region 2 Office for guidance on transportation disputes. 

3. Develop a procedure outlining how to handle the additional costs incurred when students are transported outside of the bounds of their school and/or county. Some options include:

• The placing CCYA reimburses the LEA for any additional costs.

• The LEA pays for the cost.

• The LEA and CCYA split the cost.

• The SOO, the LEA of foster residence, and the CCYA split the cost.

Transportation Resources:

• Transportation Plan Guide, PDE, (PDF)

• Transportation Plan Form, PDE, (PDF)

The Every Student Succeeds Act (ESSA) requires that all Local Education Agencies (LEAs) appoint a staff member to serve as their schoolwide Foster Care POC. The LEA Foster Care POC is responsible for facilitating their school’s implementation and compliance with ESSA’s foster care provisions. LEA Foster Care POCs function as liaisons between their school and CCYAs and are likely the first to be notified of a new or change in foster care placement. Since foster care students are identified by their placing CCYA, CCYAs typically send a placement notification form to the SOO to inform the respective Foster Care POC of a student’s foster care placement or change in placement, and to initiate the BID meeting.

LEA Foster Care POC Roles & Responsibilities

1. Promote educational stability for foster care students and ensure that all educational barriers are removed and access to school-based resources (including but not limited to special education services (webpage) and transportation) is guaranteed. 

2. Collaborate on an ongoing and regular basis with CCYA Education Liaisons to ensure the implementation of all ESSA foster care provisions. Ensure the CCYA receives all current educational information of foster care students to promote their educational stability. 

3. Represent the LEA in the collaborative BID process for school placement decisions and gather information relating to the student’s education from any relevant parties.

4. Facilitate a cooperative process to ensure the right to immediate enrollment and a timely transfer of school records (when a student is changing schools).

5. Serve as a resource to LEA administration and staff, parents, foster parents, community agencies, and other LEA Foster Care POCs.

6. Maintain a thorough understanding of all written transportation plans with CCYAs, advocate for foster care students when creating such plans, and communicate any proposed changes.

7. Participate in local, regional, and statewide training relating to the educational rights of foster care students.

8. Train LEA staff annually on the educational rights of foster care students and the barriers they experience.

9. Assist in resolving disputes between agencies as needed, ensuring that disputes do not interrupt the educational stability of foster care students.

10. Discuss college and career pathways (webpage) with high school foster care students.

• PA Statewide Directory of Foster Care Education Contacts, (webpage)

• PA LEA Foster Care POC Directory, (webpage)

• PA CCYA Education Liaison Directory, (webpage)

• Educational Stability for Foster Care Youth in Pennsylvania: Region-Specific Resources for Foster Care Students and Families, (webpage)

• Educational Stability for Foster Care Youth in Pennsylvania: Resources and Tools, CSC, (webpage)

• CCYA Foster Care Placement Notification Form, DHS, (PDF)

• Rights of Students in Foster Care, Education Law Center, (PDF)